July 18 2009 Media Statement

Senior Judge should be listened to, not bullied

The Chief Justice has a constitutional right - in fact, a duty - to speak out on any matter affecting the administration of justice in New Zealand, whether ministers and pressure groups agree with her comments or not, Labour's Associate Justice Spokesperson Charles Chauvel said today.

"Penal policy, including the condition of prisons to which judges are expected to sentence offenders, is just such a matter," Charles Chauvel said.

“Instead of attacking the Chief Justice for seeking to further public debate, the public have a right to expect that ministers should engage in that debate.

"The Judiciary are uniquely placed to make observations about whether or not our prison system is working. They sentence offenders, and deal frequently with repeat offenders. They sit on the Parole Board.

“When the head of the Judiciary feels moved to say publicly that we have a problem, that perspective deserves to be listened to with respect for the authority it carries.

"That does not mean Justice Minister Simon Power or Sensible Sentencing Trust Head Garth McVicar have to like what Dame Sian says, or to agree with her.

“But to respond by saying she has no right to comment, as Mr Power has done, or to call for her resignation, as Mr McVicar has, amounts to a crude attempt to bully the Chief Justice.

"We should always reject attempts to bully judges." Charles Chauvel said.

ENDS

© Scoop Media