The court system is broken when ratbags get costs

Wig wearing pedo and killer Phillip John Smith has won costs for his case against Corrections.

Phillip John Smith, who was convicted of killing the father of a boy he molested, will get a $3500 government payout after he won a court case centred around his toupee.

The Department of Corrections prevented Smith from wearing the custom-made hairpiece after he used it to disguise himself when he fled to Brazil while on temporary release, Fairfax reported.

Smith argued in the High Court in March his rights had been breached.

Justice Edwin Wylie agreed and said Corrections had ignored Smith’s “fundamental right to freedom of expression”, Fairfax reported.

He ordered Corrections to pay Smith $3507.10, which includes $3450 for legal costs, $35 for phone cards and $22.10 for stationery.

Smith took the Department of Corrections to court because it had prevented him wearing a hairpiece ever since he used one as part of a disguise to flee to Rio de Janeiro in November 2014.

At the time of his escape, he was on a temporary release while serving a life sentence for the 1995 murder of the father of a 12-year-old Wellington boy he had been molesting.

The High Court at Auckland ruled the department had failed to take into account Smith’s rights under the Bill of Rights Act, and said Smith’s fundamental right to freedom of expression was ignored.

Langley said Corrections will be allowing Smith to retain the toupee under certain conditions while he is housed in his “current security environment” at Auckland Prison.

Good old Justice Wylie again.

There is something broken when prisoners have rights to wear wigs as a freedom of expression then get costs awarded. Perhaps Corrections might like to forward those costs on to his victims.

 

-NZ Herald


Do you want:

  • Ad-free access?
  • Access to our very popular daily crossword?
  • Access to Incite Politics magazine articles?
  • Access to Podcasts?
  • Access to Political Polls?

Our subscribers’ financial support is the reason why we have been able to offer our latest service; Audio blogs. 

Click Here  to support us and watch the number of services grow.

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.  And 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 that takes no prisoners.

He is fearless in his pursuit of a story.

Love him or loathe him.  But you can’t ignore him.

53%