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

Gordon Campbell: On The Mt Albert Aftermath

Personality politics – Jacinda is great! Jacinda is not so great! – have dominated the coverage of the Labour Party’s fortunes this week...

Still, this is a relatively new and welcome problem for the centre-left. Labour has seemed so bereft of crossover talent for so long that it seems almost embarrassed by this latest development. More>>

 

Conservation: Central Govt Takes Over 1080 Regulation

“This new approach standardises the rules for using such poisons rather than the current system of different rules in different regions. This change will reduce costs and delays for operators, ensure consistent conditions throughout the country, reduce mistakes from misunderstanding rule differences and allow best practice approaches to be used." More>>

ALSO:

Election Entertainments: ACT Has Prison Plan, Greens Have Water Bill

Green Party launches Member’s Bill to protect our freshwater The Green Party has today launched a member’s bill that will keep water from underground sources, called aquifers, safe from pollution and contamination. More>>

ALSO:

2040 Target And Lower Standards: “Swimmable” Rivers Five Times More Likely To Make You Sick

Forest & Bird has condemned the government’s new water quality standards, warning New Zealanders that they lock in current levels of water pollution and allow for a 5-fold increase in the chance of getting sick from swimming in a river. More>>

ALSO:

Immigration: Clampdown On Rogue Employers Good First Step

The Human Trafficking Research Coalition is pleased at the new clampdown on rouge employers who exploit migrants announced by Minister Woodhouse this morning, and believes this is a step in the right direction. More>>

ALSO:

Mayor: 750 New Social And Affordable Homes For Wellington (Over A Decade)

The next stage of Wellington’s Housing Upgrade Programme will see at least 750 new units of social and affordable housing built over the next decade, Mayor Justin Lester has announced. More>>

ALSO:

22/2: Christchurch Quake Memorial Unveiled

A city, a region, a nation and an international community impacted by the Canterbury Earthquakes will come together to mark the sixth anniversary of the deadly quake and dedicate Oi Manawa Canterbury Earthquake National Memorial. More>>

ALSO:


November Quakes:

Gordon Campbell: On The Mana-Maori Party Deal

If the self-interest involved wasn’t so blatant, the electorate deal between the Maori Party and Hone Harawira would be kind of poignant. It’s a bit like seeing the remaining members of Guns’n’Roses or the Eagles back on the road touring the nostalgia circuit… playing all the old hits of Maori unity and kaupapa Maori politics. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news