Alcohol interlock licence ordered by the High Court

Tony Beach’s client had accepted the charge of driving with excess breath alcohol but sought an order from the District Court Judge at sentencing that the client be given an “alcohol interlock licence disqualification” under a new provision of the Land Transport Act 1998.  The new provision provides for a device to be fitted to a client’s vehicle which allows them to drive but which prevents them from driving if they have consumed alcohol – it means drivers do not face a lengthy driving ban and can continue to drive.  Tony Beach submitted that the “alcohol interlock licence disqualification” would reduce the risk to society and, at the same time, allow the client to continue to drive, which he needed to do for work purposes (the client wasn’t eligible for a work licence).  The Judge declined.

Tony Beach appealed the decision to the High Court.  The High Court found that it was in society’s interest that those with full-time work be supported; that a frequent offender who recognised the error of his ways should be supported; and that the device would prevent the client from driving while impaired by alcohol.  The High Court allowed the appeal and authorised the client to apply for an alcohol interlock licence immediately.

Watchdog to ensure no torture taking place in prisons, lawyer says

Watchdog to ensure no torture taking place in prisons, lawyer says

Author

Natasha Jojoa Burling, AAP,

Section

Crime,

Publish Date

Saturday, 8 October 2016, 12:09PM

An old entrance to the Mt Eden prison in Auckland (Getty Images)

The Department of Corrections will be under greater scrutiny to ensure that no prisoners are being tortured, a prominent Auckland criminal lawyer says.

The Office of the Ombudsman will be stepping up its monitoring of Mount Eden prison after an investigation found private company Serco was negligent in its running of the facility.

A report released on Thursday detailed lax supervision, regular organised fights and some prisoners being denied proper medical checks and access to lawyers.

The Ombudsman will be carrying out regular inspections and unannounced visits to prisons.

Auckland lawyer Tony Beach said the Ombudsman will be checking to see if the Corrections Department is complying with the Crimes of Torture Act, “to ensure that there is no torture or ill treatment of those who are in detention.”

The Act is meant to fulfil New Zealand’s responsibilities under the United Nations’ Convention Against Torture.

Beach said New Zealand doesn’t want to be seen as a place that allows ill-treatment of people in the custody of the state.

“It’s something that would reflect badly on New Zealand internationally,” he said.

Among the findings, the report from the Chief Inspector of Corrections says in June and July last year organised fights were regular affairs, likely to be happening at least once a week.

“Prisoners reported that if they refused to participate they would be threatened, “pack attacked” or assaulted by (gang) senior members,” it said.

Guards were at times found to be playing pool or table tennis instead of supervising inmates and some prison areas went more than two hours without being watched due to staffing shortages.

Corrections has made 21 recommendations, calling for a raft of changes to staffing and procedures at the prison.

Charges of using a forged document and obtaining by deception dismissed

A client was charged under the Crimes Act 1961 with using a forged document and obtaining by deception.  The client had assisted a family member in his dealings with Work and Income.  There was evidence that the family member was, to some extent, mentally impaired.  Other members of the family brought accusations against Tony Beach’s client to the attention of the Police and the charges followed.  After a trial before a Judge alone, the Court found, after carefully considering all the evidence, that both charges were not proven beyond reasonable doubt, and were dismissed.

Possession of drugs, utensils, firearms and ammunition charges dismissed

Tony Beach’s client was facing charges of possession of Class A drugs and possession of utensils (a pipe) under the Misuse of Drugs Act 1975, as well as charges of possession of firearms and ammunition under the Arms Act 1983.  Tony Beach argued that the possession charges should be dismissed on the grounds that the search of the client’s property by the Police was unlawful.  The Judge agreed: the Police can enter and search a place without a warrant under section 20 of the Search and Surveillance Act 2012 – but only in certain circumstances.  The Police could have obtained a warrant in these circumstances.  As well, the Police had failed to provide a written report of the circumstances of the warrantless search as they were required to do.  The Judge then considered whether the evidence of the drugs, pipe, firearms and ammunition should be admitted, despite the unlawful search (section 30 of the Evidence Act 2006).  The Judge found that, due to the small quantity of drugs involved and the ancient firearms, the evidence should be excluded – consequently, all charges arising from the unlawful search were dismissed.

Tony Beach interviewed by TV3 about Mt Eden Prison

There are fresh revelations private prison operator Serco went out of its way to make sure its squeaky clean record stayed that way.

In Mt Eden prison where inmates are king, are guards who say they’re understaffed and afraid.

“It’s about time we all spoke out and say what it’s actually like,” says one guard, who spoke to 3 News on the condition of anonymity.

He says when prisoners or guards break the rules, management would rather official reports tell a different story.

“You’re told to state the facts, but to leave all other things out of it.

“They go missing off the system several times, or they get edited and you’re not told that they’re edited.”

The Government says it didn’t know what was going on, despite the fact three prison monitors – who are Corrections employees – have been there since Serco’s first day.

Under the Corrections Act, prison monitors must report to the chief executive at least every four months. The sole purpose of their job is to report on prison management and any concerns they may have about the prison’s running.

The union representing prison guards says after a dispute with one of these monitors, it was told to back off.

“They sent me a letter saying our members weren’t allowed to talk to the monitor and we’re not allowed to talk to the monitor,” says Corrections Association president Bevan Hanlon.

“You get told not to mention anything to them, and when they come around make sure your books are up to date, which is a little bit hard,” says the unidentified guard. “Because, for instance, if you’ve done something wrong or you’ve tried to cover it up after being told to … that’s not very professional, is it?”

Meanwhile, behind bars, prisoners are still on lockdown and kept in their cells 23 hours a day.

Lawyers say speaking to clients is becoming almost impossible.

“People aren’t getting the advice they need from their legal advisors,” says lawyer Tony Beach.

The list of problems facing Mt Eden’s new managers is growing longer.

3 News