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

Joint Statement: Establishment Of NZ-China Strategic Partnership

At the invitation of Governor-General Lt Gen The Rt Hon Sir Jerry Mateparae and Prime Minister The Rt Hon John Key of New Zealand, President Xi Jinping of the People’s Republic of China made a state visit to New Zealand from 19 to 21 November 2014.

During his visit, President Xi Jinping met with Governor-General Jerry Mateparae, and held talks with Prime Minister John Key. The leaders had an in-depth exchange of views on bilateral relations as well as regional and international issues of common interest. More>>

 
 

Parliament Today:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

More on Health Policy:

Auckland Unification: 'No IT Cost Blowout' (Just More Expensive)

Following discussion of an update on Auckland Council’s Information Services Transformational Programme at today’s Finance and Performance Committee, council has released the report publicly. More>>

ALSO:

Other Expensive Things:

Gordon Campbell: On The SAS Role Against Islamic State, And Podemos

Only 25% of the US bombing runs are even managing to locate IS targets worth bombing. As the NYT explains at length, this underlines the need for better on-the-ground intelligence to direct the air campaign to where the bad guys have holed up... More>>

ALSO:

Public Service: Commission Calls For Answers On Handling Of CERA Harassment

EEO Commissioner Dr Jackie Blue is deeply concerned about the way in which the State Services Commission has handled sexual allegations made against CERA chief executive Roger Sutton this week and is calling for answers. More>>

ALSO:

Gordon Campbell:
On Andrew Little’s Victory

So Andrew Little has won the leadership – by the narrowest possible margin – from Grant Robertson, and has already been depicted by commentators as being simultaneously (a) the creature of the trade unions and (b) the most centrist of the four candidates, which would be an interesting trick to see someone try in a game of Twister. More>>

ALSO:

China President Wishlists: Greens Welcome Xi, But Human Rights Need To Be On Agenda

“President Xi has made some progress on climate change, but he must also lift the Chinese government’s game on human rights issues,” Green Party Co-leader Dr Russel Norman said... It is important that our Government continues to urge the Chinese government to show restraint and respect human rights in both Tibet and the Xinjiang province.” More>>

ALSO:

Airport Security Breach: CAA Fines Minister

Minister Brownlee has been issued an infringement notice and is required to pay a $2000 infringement fine for breaching Civil Aviation Rule 19.357(b), which states no person may be in an airport security area without an appropriate identity card or document. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news