Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Sensible Sentencing Trust - Statement On Susan Couch


Sensible Sentencing Trust - Press Release on behalf of Susan Couch:

Susan Couch has accepted the payment of $300,000 from the Corrections Department to settle her claim for exemplary damages. That works out to be $27,272 for every year since the attack.

Ms Couch’s Barrister Brian Henry stresses that this is not compensation, but as the Chief Executive Officer of Corrections, Ray Smith has said, the department is “doing right by Sue and her family”.

Compensation is only available in New Zealand via the ACC legislation...Sue is a social welfare beneficiary as ACC legislation does not provide her with adequate support” said Brian Henry.

ACC is not injury based compensation; it is salary based compensation.

Susan will continue the fight for compensation, which now moves to a campaign to change the ACC legislation so that victims, especially women, receive a fair outcome.

ACC was passed into law by the National Party; it has since been tinkered with by both National and Labour governments. It remains an unjust, overburdened administration that has totally failed Susan Couch; obviously the most eligible victim for compensation.

Susan Couch’s claim to be properly compensated continues so long as she is paid by social welfare instead of ACC; how she is being treated is grossly unfair.

In negligence terms, compensation would be between $5 and $10 million; enough to provide Susan with a debt free home and an income adequate to allow her and her family survive comfortably with her disabilities.

This litigation has not and could not achieve this, as the ACC legislation prohibits such a claim. We stress the claim for proper compensation is moving to a new phase.

This payment helps, but it is not compensation.

Had the case not been settled then the appeal for a jury would have been argued today. If the appeal was unsuccessful, Susan would have sought leave to go to the Supreme Court. The trial was set for 8 weeks commencing 8th July 2013.

The events occurred on the 8th December 2001 – 11 years this Saturday.

Media are reminded that the name of the Probation Officer is suppressed by a High Court order, which under the terms of the settlement will be made permanent.

Susan Couch:

I want to thank all my supporters over the past 11 years, especially Garth Mc Vicar and Sensible Sentencing Trust for the huge support I have received from them over those years”.

I also especially wish thank Winston Peters for the donation that established the Susan Couch Victims Trust, which helps all victims of violent crime”.

Background - a summary of the history of these proceedings is as follows:

a) 28 July 2005 - Proceedings filed in the High Court.

b) 8 September 2005 – proceedings transferred to Court of Appeal by consent, to be heard with the Attorney General’s application to strike out Hobson v The Attorney General CA74/05.

c) 10 November 2005 - Hearing in Court of Appeal for Attorney General’s strike out application.

d) 17 May 2006 – Court of Appeal Judgment given.

e) 1 September 2006 - Supreme Court Judgment (granting leave to appeal).

f) 17 April 2007 – Hearing in Supreme Court.

g) 13 June 2008 – Supreme Court Judgment Given.

h) 23 March 2009 – Supreme Court Hearing.

i) 24 March 2010 – Supreme Court Judgment given, declining Attorney General’s strike out application.

j) 17 June 2010 – Second Amended Statement of Claim filed.

k) June 2010 Discovery commenced by defendant.

l) 24 February 2012 – Third Amended Statement of Claim filed.

m) 28 March 2012 – High Court Hearing (regarding Judge Alone trial).

n) 28 August 2012 – High Court Judgment (regarding Judge alone trial).

o) 5 September 2012 – High Court Judgment (regarding defendant’s application for further particulars).

p) 24 September 2012 – Fourth Amended Statement of Claim filed.

q) 24 September 2012 - Notice of Appeal filed (on decision of Judge alone trial).
ends


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Parliament Today:

Werewolf: The Defence Pretence

Last year, the world began spending more money on weapons again, for the first time since 2011... New Zealand belongs to a region – Asia and Oceania – where military spending rose sharply in 2015, by 5.4 per cent. More>>

ALSO:

Gordon Campbell: On Not Crying Foul, Argentina

So a couple of guys found to be criminally liable of environmental pollution in Argentina lodge an application with the Overseas Investment Office… in order to buy some prime New Zealand rural land. Seems that their factory back home had carelessly and/or intentionally discharged toxic waste into the Lujan river. Bummer... More>>

ALSO:

Urban & Rural: $303m To Merge And Modernise New Zealand’s Fire Services

Internal Affairs Minister Peter Dunne today announced funding of $303 million over five years to combine urban and rural fire services into one organisation from mid-2017. More>>

ALSO:

High Trust Regime: What Did The PM Tell His Lawyer About Foreign Trusts?

The Government stopped the IRD from reviewing New Zealand foreign trusts shortly after the Prime Minister’s lawyer wrote to the Revenue Minister claiming John Key had promised him the regime would not be changed. More>>

ALSO:

Road Crime: Wicked Campers Vans Classified As Objectionable

The definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle. More>>

ALSO:

'When New' Repairs: Landmark EQC Settlement

The Earthquake Commission has cut a deal with 98 Canterbury homeowners that affirms the government entity's responsibility to repair earthquake-damaged property to a 'when new' state, as well as covering repairs for undamaged parts of a property and clarifying its position on cash settlement calculations. More>>

ALSO:

Gordon Campbell: On Kiwirail’s Latest Stint In The Dogbox

The denigration of Kiwirail continues. The latest review (based on a 2014 assessment) of the options facing the company have enabled Kiwirail to be hung out to dry once again as a liability and burden on the taxpayer. More>>

ALSO:

Royal Society Report: Good Opportunities To Act Now On Climate Change

There are many actions New Zealand can and should take now to reduce the threat of climate change and transition to a low-carbon economy, a report released today by the Royal Society of New Zealand finds... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news