Key Takeaways:
- Paula Beilby, the sister of murder victim Mitchell Te Kani, was removed from a courtroom during the sentencing of Hamiora William Jack-Kino, one of the men responsible for her brother’s death.
- Beilby had attempted to read a victim impact statement, but was stopped by Justice Mary Peters for making comments that were deemed "offensive" and "totally unacceptable".
- Beilby feels that she and her family have been "further victimised" by the justice system and that justice has not been served in the case.
- The incident has raised concerns about the treatment of victims in the justice system and the lack of consistency in the handling of victim impact statements.
- The Office of the Chief Justice has confirmed that it is the responsibility of the prosecutor to put victim impact statements before the court, but redactions are sometimes made to remove abusive or irrelevant comments.
Introduction to the Incident
The sentencing of Hamiora William Jack-Kino, one of the men responsible for the murder of Mitchell Te Kani, was a highly emotional and tense event. Paula Beilby, the sister of the victim, was one of the two people who read a victim impact statement during the sentencing. However, her attempt to read the statement was cut short by Justice Mary Peters, who deemed some of her comments "offensive" and "totally unacceptable". Beilby was subsequently removed from the courtroom, a move that has left her feeling frustrated and re-victimised.
The Courtroom Incident
Beilby had been given the opportunity to read her victim impact statement, but she was stopped by Justice Peters when she made a comment about Jack-Kino having a separate trial "at the taxpayer’s expense". The judge deemed this comment to be "incorrect" and "offensive", and told Beilby to sit at the rear of the court and finish reading her statement on her own. However, before Beilby could continue, the judge interrupted her and told her to leave the courtroom. Beilby was led into another room and given the option of watching the proceedings via an audio-visual link, but she declined and instead waited outside.
Beilby’s Reaction
Beilby has expressed her frustration and disappointment at being removed from the courtroom. She feels that she and her family have been "further victimised" by the justice system and that justice has not been served in the case. Beilby also feels that the sentence given to Jack-Kino, nine years with a minimum non-parole period of four years, is "laughable" and not a deterrent. She has stated that she is "past actually feeling offended" by the justice system, but is instead "just not surprised" by the outcome.
Response from the Office of the Chief Justice
The Office of the Chief Justice has confirmed that it is the responsibility of the prosecutor to put victim impact statements before the court. The office has also stated that redactions are sometimes made to remove abusive or irrelevant comments. However, the office did not comment on the specific case of Beilby being removed from the courtroom. Instead, the spokesperson stated that sentencing hearings are often tense and emotional, and that judges are required to make decisions in the moment to ensure a safe and orderly hearing.
Concerns about the Treatment of Victims
The incident has raised concerns about the treatment of victims in the justice system. Ruth Money, the chief victims adviser to the Government, has stated that she is "certainly very concerned" when any victim is asked to leave a courtroom. Money has also expressed concerns about the lack of consistency in the handling of victim impact statements, stating that what one prosecutor or judge will allow is completely different to another. Money is currently working with the Ministry of Justice to make improvements to the Victims’ Rights Act.
Conclusion
The incident involving Paula Beilby and Justice Mary Peters has highlighted the need for greater consistency and respect in the handling of victim impact statements. The treatment of victims in the justice system is a critical issue that requires careful consideration and attention. As Ruth Money has stated, victims should be spoken to with respect, and any issues should be explained well. The justice system must work to ensure that victims feel heard and supported, rather than further victimised.