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Compensation for Prisoners?

The issue

A number of violent offenders are now filing lawsuits against the government, claiming their "human rights" have been breached whilst in prison. Lawyer Tony Ellis has filed the bulk of these claims.

These offenders are seeking to obtain figures in the vicinity of $2500 for each month that they were on the behaviour management regime in Auckland Prison's D block between 1998 and 2003. They claim their "human rights" were breached because they were placed in solitary confinement, and the conditions were less then those usual for maximum security inmates.

Other claims may also be made regarding their treatment. They will also of course be claiming their legal costs

What, meanwhile, of their victims?

Once again, the victims of these offenders have been completely forgotten and left out by our legal system. No provision has even been made to ensure victims get prior claim to the compensation payouts, or to allow them to place a lien upon said payouts. No lawyer has (so far) filed a case on their behalf.

The Government could be excused for having been taken by surprise by this turn of events - were it not for the fact that this is NOT the first time it has happened! This is basically a repeat of the events of four years ago regarding the Mangaroa prison payouts!. The Government has had four years to do something about this. They claim to be "in the process of drafting legislation" to deal with this issue. It is fair enough that they do not wish to put in place rushed and possibly flawed legislation - but surely four years is more than enough time to do this?

One MP, Stephen Franks, has acted promptly, and put before a Private Members Bill addressing both issues - the initial compensation, plus ensuring that victims will be able to access the payments. However he is dependent on National and Labour running with the solution that has been offered, and there is unfortunately no guarantee that this will happen.

What we are doing

We have made a Submission on the Prisoners and Victims Claims Bill along with a number of submissions from individuals within the Trust, a selection of which we have included with the main submission on the site. This is the legislation that is proposed by the Government as a solution to the issue. The legislation is still on its way through Parliament at the time of writing.

Sensible Sentencing Trust has also established a "fighting fund" to enable victims to take legal action to do something about this situation. It is our view that the rights of victims take precedence and priority over the rights of offenders of this sort.

Some of the offenders that are claiming payouts are as follows;
MJ Thompson...... Aggravated robbery in Waitara on 11 August 2000
Joseph Turner...... Aggrated robberies in Hamilton June 1998
Wayne Matchitt...... Gunpoint robberies in Opotiki
Raymond Murray....... Kaitaia attack on police officer 27 August 1999
Alan Mareikura...... Ohakune home invasion rape late 1998

The Sensible Sentencing Trust needs your help to establish a "fighting fund" to stop the ridiculous situation when criminals are paid thousands of dollars compensation while their victims still suffer

SENSIBLE SENTENCING TRUST is a voluntary, non-profit, apolitical Trust that continues to make inroads into New Zealand's law and order policies, to fight for Victim's Rights and stop payouts to criminals!

YOU CAN MAKE A DIFFERENCE!

WE NEED YOUR HELP NOW!

Please tick the appropriate box and
FAX TO 06 834 9732 or EMAIL TO sensiblesentencing@xtra.co.nz

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Phone 0900 723 369 to make a $20 donation
Or donations can be posted to :
SENSIBLE SENTENCING TRUST, P.O. BOX 701 NAPIER
Chairman : Garth McVicar, Ph 06 834 9723
Mobile : 027 248 7919
email : gmcvicar@xtra.co.nz

WORKING TOWARDS A SAFER NEW ZEALAND

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