Collins crushes hopes

Awesome.  Despicable crims are unlikely to get a pay-out

Prisoners considering seeking compensation for being jailed for too long should not get their hopes up, says Corrections Minister Judith Collins.

Following a Supreme Court decision released on Thursday, the Department of Corrections has admitted wrongly calculating release dates for 500 serving prisoners.

In its judgment, the Supreme Court ruled a violent offender, Michael Marino, spent about four months longer in jail than he should have because the department had failed to accurately factor in the time he had spent on remand.

Corrections is re-calculating release dates and some prisoners are due to be freed as early as today as a result.

Marino’s lawyer, Douglas Ewen, said sentencing laws had been confusing since 2003 and thousands of prisoners could be affected.

He said that could cost the department millions if it had to pay compensation.

But Ms Collins has questioned that.

Yeah nah.  There is no mistake you see.  It was legal at the time.  There is no question the government, or Department of Corrections more specifically, have been negligent in any way.  

Humans right lawyer Andrew Butler, however, said he believed the department could not rely on a claim it was acting in good faith.

Even if the department had been acting in accordance with the law as defined in previous cases, that would not preclude compensation claims, he said.

“To use the technical legal term, the tort is complete upon the court reaching the conclusion that the person who was detaining another person had no legal authority to do so.

“And effectively what the Supreme Court has said is that Corrections had no legal authority to detain these people for as long as Corrections had been detaining them.”

In Thursday’s judgment, Justice William Young suggested the Parole Act might need to be reconsidered by Parliament.

Ms Collins said that was always a possibility but she did not believe it needed to be rushed into.

We have the same problem with having a conviction for something that was illegal at the time, but has since become legal.   There are no calls for compensation for gay men convicted under the old law when being in a gay sexual relationship was no longer illegal.

Similarly, there wet leftie lawyers can go get knotted.  There ain’t no money in them there hills.

 

– RNZ


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As much at home writing editorials as being the subject of them, Cam has won awards, including the Canon Media Award for his work on the Len Brown/Bevan Chuang story. When he’s not creating the news, he tends to be in it, with protagonists using the courts, media and social media to deliver financial as well as death threats.

They say that news is something that someone, somewhere, wants kept quiet. Cam Slater doesn’t do quiet and, as a result, he is a polarising, controversial but highly effective journalist who takes no prisoners.

He is fearless in his pursuit of a story.

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