22 May 2010

A worry almost over

The Justice system: In my post of 14 December 2009 I wrote how our friends son had been done an injustice by the 'justice' system.

The good news is that the Government are going to do the decent thing. I must say how the Minister Simon Power has been seen to be an honourable man.

As reported in the Dom-Post -


Two men who spent more than nine months in prison for an arson they did not commit could be in line for hundreds of thousands of dollars in compensation. Phillip Johnston and Donald (known as Jaden) Knight, who were wrongfully imprisoned for the 2003 arson of the Manawatu Hotel in Foxton, have received a police apology and Justice Minister Simon Power has now confirmed that they will get compensation.

Their convictions and six-year prison sentences were quashed by the Court of Appeal in 2005. The men served 285 days in prison.

One of the families (our friends) the Edwards spent $20,000 on a private investigator to help clear their son's name.

The families laid 12 official complaints with police about the investigation into the arson.

Of those, six were upheld or partly upheld – with two related to police failure to disclose evidence to the defence team before the trial. The families then received a written apology from the Police Central district commander

In a letter to both families, Mr Power said the next step was to determine an appropriate payout. "Compensation may comprise an ex-gratia payment, a public statement of innocence and, in appropriate cases, a public apology by the Crown."

TRIAL BY FIRE

November 2003: A late-night arson at the Manawatu Hotel in Foxton causes about $300,000 of damage. Detective Sergeant Peter Govers heads an investigation which leads to the arrest of Phillip Johnston and Jaden Knight.

September 2004: Mr Johnston and Mr Knight go on trial and are found guilty of arson by a jury. They are sentenced two months later to six years' imprisonment.2005: Both men appeal against conviction in the Court of Appeal. Their sentences are quashed and a retrial is ordered on the grounds of misdirection by the judge.

July 2006: Mr Johnston is found not guilty at a retrial.

February 2007: Mr Knight is discharged after the Crown offers no evidence at his retrial.

March 2007: District commander Superintendent Mark Lammas apologises to Mr Johnston, Mr Knight and their families for their being wrongfully convicted and jailed.

December 2007: The families apply to the Justice Minister for compensation for wrongful conviction and imprisonment.

September 2008: Of 12 complaints against the police handling of the case, police uphold or partly uphold six.

2010: Justice Minister Simon Power says the pair should be compensated for wrongful conviction and imprisonment.