Lawyers object to court delays and arrest without warrant

A lawyer in the Invercargill District Court became angry after his client waited seven hours and still could not enter a guilty plea.

Industrial action being taken by Department of Justice staff, who are working to rule, meant his client could not appear before a judge to enter a guilty plea when he was called at 4.15pm.

Lawyer Keith Owen became angry, saying to the registrar that Myles Cameron had been waiting since 9am to enter his plea before a judge.

The registrar informed Mr Owen that because of the industrial action, the guilty pleas could not be taken.

Justice services manager Robert Loo informed Mr Owen it was not the court staff’s fault Cameron could not be seen.

"It is not my client’s fault either," Mr Owen replied.

After proposing a few dates, Mr Owen accepted Cameron would come back before the court on January 24.

Another defendant, Lyndon Duncan, was arrested and taken into custody after a judge was not available to certify three breaches of bail.

He has been charged with burglary, being unlawfully in a building and two driving matters.

Duncan was stood down to see if a judge could be made available for the breach of bail certification, however before he was recalled, he was arrested in the court house, marched through the court room handcuffed with a police escort and taken to the cells.

Police prosecutor Sergeant Carmen Wilson said she had requested the court twice to put the matter before a judge and was not sure why Duncan had been arrested.

Duncan’s lawyer, Scott Williamson, took exception to his client’s arrest if it was in regard to the breach of bail matters, asking if a warrant to arrest had been issued.

The court registrar advised it had not.

"That is an abuse of process very clearly," Mr Williamson said.

When the court recalled the matter, Duncan had already been taken away.

The Ministry of Justice advised earlier this month that the Public Service Association would be undertaking industrial action from November 11 to December 19.

Union members are using work-to-rule measures as part of their collective bargaining, seeking a settlement which recognises cost of living increases.

Under work to rule, union members may choose to follow standardised start and finish times, and morning and afternoon break and lunch times.

Ministry of Justice chief operating officer Carl Crafar said the action would affect courts and tribunals to varying degrees.

"We regret any inconvenience and want to thank court participants in advance for their patience as we work towards a resolution."

karen.pasco@odt.co.nz

 

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