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MARION VAN DIJK/FAIRFAX NZ via Stuff
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Another criminal on bail absconds, time for bail law reform

by Whaleoil on January 11, 2013

We need to seriously sort out the conditions with which bail if given. Already this year we have had two murders, allegedly by people on bail and today Stuff has the details of a criminal who was on bail for 8 aggravated robbery offences absconding:

A gang member accused of eight aggravated robberies is on the run after cutting off his electronic bracelet.

Teariki Marsters was arrested in October over a string of robberies involving a gun and was bailed on December 12 to a Tuakau address under a 24-hour curfew.

Police said the 24-year-old UMF gang member and Killer Beez associate, cut off his electronic bracelet nine days later and hasn’t been seen since.  

Detective Sergeant Brett Shields said police believe Marsters had since been involved in another “serious violence incident” involving a gun in Otara.

He said that incident was not the shooting of a 23-year-old man in the stomach in Flat Bush on January 2, for which police have already charged two people.

Shields said Marsters was considered “armed and dangerous” and shouldn’t be approached.

Marsters is known to frequent Otara and police said he may be travelling between Otara and the North Shore “actively avoiding police”.

Anyone with information about Marsters can call Crimestoppers anonymously on 0800 555 111.

Quite how this gang member and a thug with a long record of violence can obtain bail is beyond me.

Judges need to start being held accountable for the actions of criminals they let out on bail.

It is high time that the law surrounding bail be reviewed.

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  • maninblack

    how the fuck did he get bail? FFS. he should be in a pen, not out on the run!!

    • williamabong

      Because some ex lawyer softcock judge bought some fairy tale yarn spun to him by a lying scumbag lawyer, that’s how.

      • steve and monique

        Agree,down to a bullshit coached speech,and a scumbag lawyer.Plus a softcock judge.

  • williamabong

    Perhaps it’s time the judiciary have their continued appointment to the bench come under review after a period of time, that way we could rid ourselves of the ones who don’t act in the public interest.
    Currently the only way to rid us of some these pests is for old age to catch up with them, or get they get caught breaking the law.

    • peterwn

      Any such review would need to be done within the judiciary possibly with the help of external assessors. There would be a particular problem with High Court judges as they (at least the more recent appointees) are not permitted to practice law if they resign or are sacked. An adverse review would mean the ex-judge would need to carve out a fresh career path eg as an arbitrator or mediator. Failure to come up to Ministerial expectations must not be a ground for adverse review as this would tend to reduce the separation between executive government and the judiciary.

      • Mr_Blobby

        Spoken like a pure bureaucrat. How about being part of the solution not the problem.

        • williamabong

          Totally, just like real estate agents, doctors, accountants, lawyers, and teachers we know we can count on impartiality.

        • peterwn

          If Parliament does not like the way judges interpret bail law – the solution is simple – legislate accordingly. OK what I said may sound ‘bureaucratic’ but imagine a scenario yhere you are facing a charge with alleged political overtones, you frequently get up Labour’s nose and Heather Simpson is on the blower to the judge running your case and threatening all sorts of things if the outcome does not meet Labour’s expectations.

          It is bad enough that some small USA counties with elected judges and sheriffs pick on ‘out of county’ motorists as a fundraiser, and these judgements are enforceable anywhere in the USA without question.

        • peterwn

          I never said that there should be no review process, but that it should not br politically controlled or susceptible to the views of executive government (ie PM and cabinet). By the way if I was really bureaucratic I would want judges to be susceptible to control by the Minister and Ministry of Justice.

          See:
          http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10858499
          “Whangarei thug won’t be heading to jail”
          Basically the guy’s lawyer saved him from jail and the judge admitted as such. What the heck! One could argue the case smacks of cronyism – giving strong hints you had better hire an expensive lawyer to avoid jail, losing driving licence, etc.

          I would agree that this sort of attitude should be reviewable – perhaps the victims should complain to the judicial complaints commission, this is actually the relevant review body, although it probably can only deal with single instances, not a pattern of acts of a particular judge.

    • Mr_Blobby

      Elected positions fail to meet societies expectations and you are voted out.

    • Goldie

      Judges must be accountable for their performance. I mean, we have a gang member with EIGHT aggravated robberies, and a judge gives him bail? WTF?

    • Ronnie Chow

      As an aside , does the bail option save the judge paperwork or time at the office . There must be an underlying reason for these endless illogical decisions .
      One question would be “How does granting bail benefit the Judge ?”

  • 4077th

    No prizes for guessing his ethnicity

    • Mr_Blobby

      No shit sherlock. Another relative of the Political wing of the Gangs.

    • williamabong

      Want to bet he voted for and supports Hone, probably leader of the action group from the Mana Party

      • 4077th

        I would almost wager this sack of shit could not muster the intelligence to vote…if he could no doubt he would of “voted” for John Hatfield.

    • Ronnie Chow
    • Ronnie Chow

      His profile…

      Me, Myself, and Imy name is teariki masters an if anyone want to fuck with me then
      bring it on bicth. beacuse i am the top dog of a gangster piece.crips
      out there motherfucker???ao bicth asssssssssss

  • SJ00

    Judges need to put themselves into the bail conditions. If the thug breaks his conditions and runs, the judge becomes personally responsible. Whatever crimes he commits he or she joins them in the dock. Or pays a fine themselves. Simple. Suddenly you will find barely anyone will get bail.

    • paddles83

      Simple answer bail the bastards to the judges address that granted the bail and then they can house sit the softcock judges family

  • Mr_Blobby

    “considered armed and dangerous and shouldn’t be approached, actively avoiding Police.”
    Surely that alone should be enough. How about naming and shaming these so called Judges.

    • nasska

      Possible….or why not introduce a form of the bail conditions used in the USA. Most people will have an idea of how it works via the Yank TV show, “Dog The Bounty Hunter”. Either friends or family put up a tangible surety subject to certain forfeit if bail conditions aren’t kept….if they can’t or won’t then it’s off to the “bail bondsman’.

      If a person is a lousy risk & no one wants to take a punt the accused then stays parked up in pokey. Ref: http://en.wikipedia.org/wiki/Bail_bondsman

      I would be quite happy to see the state refund all bond expenses for a defendant who is eventually found not guilty…..it would be offset against the costs of police chasing after the no hopers who do abuse the system.

      • Mr_Blobby

        One has to wonder why we are not doing this already.
        A few years back I spent a lot of time sitting in the back of the AK district court following a buglers case, and many status hearings.
        It was a disgrace how much time was spent dealing with the toe rags that had not turned up and a warrant to arrest was issued. Defendants who turned up were very much the exception. It did not appear that the Police were actively looking for them just waiting for them to come to their attention again.
        A bond would be similar to a finance contract with a guarantor if you could not put up the money yourself.
        Our debt collection laws would have to be tightened so that the debt was able to be collected by the bail bondsman. When your personal assets are at stake it would be less of FTP and more of the here he is.
        If they can’t front up with the money cancel there benefit and throw them out of there state house, and house them in Police holding cells, or similar.No TV No Frills.

        • nasska

          I reckon that the way things stand it quite often it suits the police to have an outstanding warrant to arrest for career ‘nuisance’ criminals. It means that they can get them off the street & into custody at any time it suits rather than needing hard proof of any recent crime they may be suspected of.

          Often law changes designed to make things tougher for repeat offenders catch everyone in the same net. Bail granted per bond would make things easier for first offenders but would mean career crims spent a lot more time incarcerated.

    • Ronnie Chow

      Just save time and name the good ones .

      • Mr_Blobby

        The list would be empty and would amount to doing nothing.

  • Hang him

    Time we introduced league tables for judges. Every judge should have the number of people he has granted bail to that have continued to offend while on bail against there name. have a figure if more the 5% cause trouble on bail the judge is dismissed or no longer allow to do bail hearings

  • Kiwikea

    I’m guessing based on his last name he is more than an associate of the Killer Bees.

    http://www.stuff.co.nz/national/crime/6982827/Killer-Beez-boss-to-have-his-say-in-court.

  • Troy

    And what do we hear from the Chief Justice – fucking nothing! That bitch hauls in the big money but is not held to account either. Time for her to go and the job description for Chief Justice to be written, by the public, not some politician.

    • Gazzaw

      Sorry to tell you Troy but she’s there until 2015 unless she resigns.

      • Troy

        Really… well that’s just living off the system very well indeed then – she is laughing all the way to the bank because she does fuck all else for the justice system. She’s an injustice, the inability of judges to apply reason is an injustice overall and when is she and by whom will she be held to account? All good questions but no-one is really prepared to get off their ass to ask them and demand accountability – until that happens expect more judges to make fucked up rulings.

  • http://www.facebook.com/rexwiderstrom Rex Widerstrom

    The law does not need reforming. The Bail Act empowers the judge to refuse bail and indeed in a case such as this reverses the onus – for minor alleged offences and offences committed by people with no previous criminal history, police must succeed in arguing why you shouldn’t get it. But for someone like Marsters the process starts with the presumption they shouldn’t, and the accused has to succeed in arguing why they should.

    It’s well explained by Graeme Edgeler here: http://publicaddress.net/4589

    It’s the application of the law that is at fault here, not the law itself. Perhaps judges should be assessed on their judgement – if a certain percentage (because everyone makes the occasional bad call) of the accused persons to whom you grant bail within a certain period abscond, you lose your bail-granting privileges.

  • rightoverlabour

    Just shoot the f@#$ker

  • Dave

    I can understand a judge allowing bail for a crim, but come on, a Gang member with a poor history, all that was missing was a note from the Judge telling how to abscond!!! Like I said yesterday, lets push for a change to who gets bail and when, and also lets make judges ACCOUNTABLE!!! Perhaps in this and every case where an offender obcondes the judge that granted the scum bail goes AWAY in their place until they are caught again, now that might work very very well!!

  • Mr_V4

    Make judges liable for negligence for letting these pricks out – it’s the only way.

  • http://www.facebook.com/melissa.mellypopzz Mel Magee

    agree

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