Police prosecution process unacceptable, judge says

Judge Michael Crosbie.
Judge Michael Crosbie.
A judge heaped a little more pain on an already embattled Dunedin police force yesterday.

Judge Michael Crosbie made a costs order of $250 for a "high-level of non-compliance" with the prescribed court procedure.

He said the methods of  the city’s police prosecution  were "unacceptable" and had been for months.

A man who had denied five breaches of a protection order was called in the case-review list at the Dunedin District Court yesterday morning.

According to the Criminal Procedure Act, when someone pleads not guilty to a charge, their counsel  and a prosecutor must sit down for discussions, primarily with the aim of progressing towards a resolution.

At a case review hearing, the parties are obliged to file a "case-management memorandum" with the court so there can be some judicial guidance.

The court heard how the system in Dunedin involved lawyers waiting in the court’s public area outside an office to speak to a prosecutor.

The counsel  involved said he waited two and a-half hours for such a meeting without any joy.

"The police have not done their job," Judge Crosbie said.

"The current process is unacceptable."

He said  police shortcomings had wasted the defendant’s, his counsel’s and the court’s time.

Prosecutor Sergeant Adrian Cheyne accepted he could not reasonably argue against costs being ordered. He said the message would be passed on to his superiors.

Superintendent Paul Basham said the current case-management process was developed as a result of consultation between police, the court and counsel. The process ensured a regular day and location for police and counsel to meet to discuss a case in advance of filing deadlines required by the Criminal Procedure Act.

"The system was intended to allow flexibility with timing for those involved and operates on a first-come, first-served basis through the day. On occasion, there may be issues with timing, with the police prosecutions officer having no counsels in attendance, while at other times there may be a waiting period," he said.

"Police will speak with our stakeholders to review the effectiveness and efficiency of this current system, and will make changes if necessary and on agreement with those involved in the process."

Supt Basham said it was not a matter of resourcing.

Police failings

July 6: Judge dismisses a charge of aggravated burglary because police fail to undertake proper identification procedures.

July 7: Det Snr Sgt Kallum Croudis slammed over his role in a case in which he had a conflict of interest.

July 18: High Court lifts occupation suppression on Const Jeremy Buis who stalked a Dunedin businessman for two and a-half years.

July 19: Police confirm they are investigating allegations an experienced Otago officer seriously assaulted a woman at a party.

 

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