15 February 2017

END THE CHARADE SAYS VICTIM ADVOCATE

Justice outcomes involving mentally ill offenders need to change to consider and uphold victims’ rights in cases involving insanity or where the offender is deemed unfit to plea.

This from Graeme Moyle, an advocate for victims of mentally ill offenders in the wake of the latest case of a murder accused being found unfit to plea.

The defendant, who has name suppression, was charged with the murder of Kiaong Tan in Wellington in March 2016.

“In every instance, in cases such as this, the Justice system ensures the rights of the defendant are paramount” says Moyle.

“Little thought or support are given to the victims or their family”.

Justice Robert Dobson in the Wellington High Court on Tuesday found that on the balance of probabilities, the defendant had killed Mr Tan.

“The Court has determined this offender took Mr Tans’ life so let the record show it” Moyle said.

“Give up the charade, convict and detain him in a psychiatric facility where he will get the treatment he clearly needs, and release the victims’ family from the uncertainty of a future trial”.

“Repercussions for the offender will be insignificant compared to the anguish suffered by his victims’ family”.

“Victims are treated as collateral damage in these types of cases: an inconvenience, a distraction”, Moyle says, “with all the focus on the welfare of the defendant”.

“The time is well overdue for victims’ to be treated with dignity and respect and for their voices to be heard”.

“Our criminal procedures may be politically correct and just for the offenders but they are cruel and barbaric for the victims”.

The defendant will be detained in a Wellington Forensic Mental Health facility where he will be treated until he is deemed fit to stand trial. He can only be held for ten years however and will not face the murder charge if he has not responded to treatment in that time.

ENDS

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