Sorry Grace


Dear Grace Millane

This is a horrible article to write. It is horrible by virtue of the circumstances leading to it, which should have never happened.

So, your killer has been convicted by a jury that took 5 hours to reach a verdict. I can only admire their stamina going through that and am not surprised that they have been stood down from jury duty for the next 7 years. They would have seen some horrible evidence of a cowardly brutal murder committed by a person who it appears was a prolific liar.

I can only admire the police that handled the case, who would have had the god awful task of telling your family that they had lost their daughter in what should have been a fantastic once in a life time trip. What an awful job to have to do.

I am sorry Grace. I am sorry that my country was where you took your last breath in what would have been absolutely horrendous circumstances. You should have been safe here. You should have been able to enjoy all that Aotearoa had to offer and you appeared to be having a magnificent time doing exactly that. You met a man who you thought you could have some intimacy with and who appeared to be getting on well with. You should have been able to leave that room and enjoy your 22nd birthday and the hopefully many more that would have followed.

I can only hope as do my fellow New Zealanders that your killer gets the due sentence. I hope that the New Zealand justice system gives your parents a sense of closure on what without doubt would have been the most shocking, horrible experience they and the rest of the Millane family should never have had. It will never bring you back from the dead. It will never make your parents, and siblings lives what they would have been with their vivacious daughter, sister around to cause hilarity, mischief and rain down love.

I am sorry that you will never get to live the full and happy life you so richly deserved to, because of one man’s cowardly act.

Sorry Grace. Except in the eyes of your killer, it really honestly was not meant to be like this. You were meant to be able to go home or continue to travel after finishing in New Zealand happy with what you accomplished, full of awesome memories of the places you went, things you did and the people you met.

You were meant to be able to find a job, a place to live, someone who genuinely loves you and be able to love back. You were meant to be able to be so much more than this, a horrible part of the New Zealand homicide statistics for 2018. The only stat you really should have been was another visitor to these shore who had a great time and went away happy and content.

But because of this cowardly act, you are not.

I am sorry Grace.

Fly with the angels.

Addressing crime in New Zealand


My previous article explored some of the reasons for crime happening in New Zealand. This article explores how to address it.

The idea of what constitutes justice in New Zealand is one that has been controversial since the country was founded. Equally controversial is how sentencing regime under which judges hand down sentences is administered. The question of whether to jail or not is hotly debated as New Zealand often looks to the United States or overseas for ideas instead of coming up with our own.

But jail is just one tool that can be used in New Zealand, and nor is it – as we shall see below – necessarily the best sentence for many convicts. Jailing is expensive and resource consuming. Some prisoners for the first time in their lives might be experiencing order – a clean bed, shower, regular meals and supervision. It is indeed sad and quite wrong that a place of state imposed punishment somehow becomes the preferred accommodation of prisoners. And we as a nation have to look at how it came to be that.

But jail is at risk of being the ambulance at the bottom of the cliff, when solutions are needed to stop people falling down that cliff.

In thinking of how we might address our jail population, I envisage only those who pose a direct and immediate threat to society being imprisoned. I am thinking of Malcolm Rewa, Steven Williams. For offences such as drunk driving an overhaul of how the demerit point system works to enable “residual points” that accumulate if more than one such offence is committed might be better, with harsher sentencing such as jail being restricted to those offences that kill, injure or damage property. When those residual points reach a national limit, that person has to permanently surrender their driver licence.

In many instances it is not the jails or the police that are at fault. Rather it is the courts, whose interpretation of the law, has become archaic. The police are the ones who look for the offender, bring them to trial and collect the evidence. The courts are where the trial is held and the accused is found not/guilty, as well as sentenced. It is this last part of the courts role and responsibilities where the New Zealand justice system fails the public on the issue of sentencing. Judges fail to jail that small percentage of criminals who are simply too dangerous to stay in society, and many of the ones that are there in their place, might not be best suited to jail.

In the first instance, I would be happy if there were considerably expanded community programmes where prisoners are put to work in the community. Some will call it abuse of labour, but when prisoners are released from prison they will be expected to somehow live outside of the institution that released them. That means finding somewhere to live; finding a job with an income that can sustain them in terms of the basic necessities, such as food, clothing, any medical assistance, power, rent and transport. In preparation for life on the outside would it not be best to have them in some sort of prison based preparatory programme?

Many prisoners are quite skilled. They might have been in another time before they derailed builders, farmers, tradespeople and maybe forestry workers. New Zealand is screaming for more trades people and labourers. The safer ones who are not going to behave like Mr Williams, the man who murdered Coral Burrowes, and try to harm their fellow inmates, might appreciate that someone thinks enough of them to provide them an opportunity for redemption. Prison might be their night-time lock up, but during the day, they could be helping the communities that they damaged.

A second idea would be to look at Finland, where authorities have adopted a quite radical approach to jail. Not being able to envisage this myself, I do have questions such as how well would such ideas work here? Would the New Zealand public accept such a radical change in philosophy, and how well conditioned for post-jail life would it leave the prisoners?

A third idea would be to either legalize or decriminalize cannabis. I have not seriously discussed the legalization or decriminalization of cannabis here, but it needs to be made clear now that there is a difference between the two:

  1. Decriminalization in this instance is the removal or loosening of criminal penalties for possessing small amounts of cannabis – it has the effect of telling the authorities to look the other way
  2. Legalization is the removal of laws that criminalize the possession and/or personal use of cannabis; the authorities treat it is as a substance that can be regulated and taxed

Both have their merits and both have their downsides. The legalization of cannabis might be the best move, but it would involve substantial preparation – the criminal laws, the medical framework for treating such addictions and their social, medical, legal and economic consequences would all need to be revisited. The judicial, court and police systems would need to be reoriented. Before that, it is possible we may see a move to decriminalize cannabis.

 

Causes of crime in New Zealand


It is quite fair to say that the New Zealand sentencing laws have multiple flaws to them that undermine not only the course of justice, but in some respects actually cause new injustices to occur. The cracks in the social net designed to keep people out of crime are so numerous that systemic failure is a real possibility and would occur when a critical mass of issues comes to a head causing a large scale collapse of services and functions.

Among these problems are:

  • A failing of the socio-economic conditions necessary to discourage criminal activity in the first place
  • A failure of the justice system to punish convicted offenders appropriately
  • Offenders occur because it suits the lifestyle that they have become accustomed to
  • Massive growth in the market for illegal substances – a seller can make $4,000 a week selling illegal substances in Whangarei
  • Break down of the family unit and a lack of role models for boys
  • Underfunding/scrapping of social welfare programmes causing them to fail or be wound up
  • Systemic underfunding and resourcing of the mental health sector

So how do these factors cause the sentencing regime to fail? There are numerous reasons.

  1. Whilst most New Zealanders are working, tax paying, law abiding people, there is a section of society that have no empathy with or understanding of societal norms. They come from broken families that have no had proper jobs, or have been involved with drugs or criminal elements – to them the law and the people who enforce it are suspect
  2. Despite legislation passing through Parliament in 2010 called the Truth in Sentencing Act, which was designed to make offenders do the full sentence handed down, sentences are becoming increasingly erratic and are rarely suitable for the crime/s committed
  3. It is obvious that the War on Drug has failed when drug dealers can make more money in a week than many New Zealanders do in a month – flow on effects from drug use can include being not suitable for a wide range of jobs
  4. A lack of role models for children with absentee parents or from a family where education and work are low priorities. They might be constantly working, or disinterested in their children’s development
  5. Welfare programmes have suffered from funding not keeping pace with inflation, but also constantly tightened criteria to eligible for assistance in the first place, with the result being more people are either getting cut off or finding the proverbial goal posts have shifted
  6. Mental health issues create highly unstable people whose symptoms may range from acute stress to being prone to physical violence or even killing – several cases have occurred in the last few years where either people not being treated have turned violent; caregiver gone to jail for mercy killing

New Zealand is going to have to address these issues collectively and individually in the near future or risk this nation becoming something other than the tourist friendly paradise many non New Zealanders believe us to be. Soon there could be significant costs to tax payers and companies alike fixing a problem that in some respects everyone is partially to blame for, but which nobody wants to come up with a comprehensive solution.

Americanizing New Zealand prisons


I note that the calls for a radical overhaul of how our Corrections works are mounting. They sit against a backdrop of worsening crime suggesting our approach is not deterring criminals from committing offences, of rehabilitation programmes not working and a nation increasingly doubtful it will get the answers it needs. But could it be because the system we have is not really ours?

Over the years New Zealand has copied a number of American concepts for justice. In doing so it appears to have passed over our own ability to establish our own framework. And as they have taken shape, the individual concepts have come to create a system environment that is not conducive to reforming criminals. There are some stand out examples. The three strikes law introduced by A.C.T. Member of Parliament David Garrett was enacted in 2010. It is based on a controversial American law that mandates a life sentence for a third offence even if it its totally disproportionate to the crime committed.

The three strikes law has all kinds of failings and has led to a range of injustices in the United States. However the insistence of the community for a tough sentence that does not really fit the crime, means someone who committed something relatively minor like breaking into someone’s house as their third offence is now going to jail for the rest of their lives. When coupled with the internal environment of a jail where drugs, violent offences against staff and other prisoners, it runs the risk of undoing the punishment and making the defendant feel like the system is against them.

Another aspect of American justice that bothers me is the tendency to view prisoners as incapable of rehabilitation. In other words they are, despite the Judeao-Christian principle of forgiveness, people who the system has deemed to be permanently violent and dangerous to society. This sets a dangerous precedent for youth offenders who might have come from broken families with no role models to look up to for guidance and now see or perceive the system to be against them being able to learn their lesson. It gets more dangerous still because the way is now open to create a “crime family”, in whose psyche the system is somehow out to destroy them at all costs – the family have children who grow up around drugs, guns and violence and do not get adequate or appropriate schooling; their academic ambition does not exist and they leave school with no qualifications, no idea how to get work.

A third aspect of American law in New Zealand that has failed is the “War on Drugs”. The war has involved the F.B.I. and C.I.A. as well as other agencies whose task has been to intercept and destroy the drug supply network. It has seen them operate in countries such as Colombia, Peru, Brazil. It has seen them aggressively pursue the Mexican drug lords, despite massive and often gruesome retaliation that has not spared law enforcement or the general public. I want to be clear now that this is absolutely not suggesting we just walk away from policing the heavy drugs like methamphetamine, cocaine, heroin or synthetic cannabis – absolutely not, as those who deal in the drugs, manufacture them and distribute them need to be firmly shutdown. They need to be sentenced to sentences that make the whole business not worth continuing. But that cannot be done in an increasingly Americanized system that seems to be about punishment at all costs.

New Zealand has been a trail blazer in showing the world how to make ourselves nuclear free, in giving women the vote and environmental resource management law. We can be a trail blazer on this too and trust our instincts that New Zealand justice will not work if based on a system not purpose built and designed for New Zealand conditions.

A question of justice


I have a question for you all. The question is one that has been bugging me for some time, but which in recent months has become more immediate, more urgent. It is a question of justice.

Over the last few years I have become increasingly frustrated with the New Zealand justice system as I am sure many others have too. Our reasons for our frustration will be many and varied, but deep down they all point to the same problems:

  • a failure of the courts to hand down sufficiently grave sentences
  • a lack of acceptance of what they have done
  • a failure to prepare those soon to be released for the post jail world – if they have no money or housing to go to, a potential life of crime await

My frustration stems from watching the rising tide of people who think that Police chases are games. They are not and every time someone is killed or injured because they ran away from a police check point, the Police have to be able to explain what went on to their superiors. But not only that, they have to explain it to the family(ies) of the deceased/injured as well.

The frustration, when I try to boil it down to its basic points stems from two separate issues. One is that there does not seem to be a working deterrent to the problem – i.e. something that would stop or discourage people from running before they even considered it, namely a short period of guaranteed jail time of say 48 hours to see how the offender reacts. To many the New Zealand justice system’s ability and willingness to dispense satisfactorily strong sentences is a joke and those handed down are viewed as being slapped with a wet bus ticket.

But it is not just car chases that make me wonder what the problem in the justice system is. How much crime is driven by socio-economic issues? My guess would be quite a bit. From a very early age, way back when a boy is young and just starting to learn about the world and society around him, too many are missing the adult male role model in their lives and the huge difference having a real male role model can have. If or when the boy is subject to bullying will he decide to fight back and possibly suffer disciplinary action that sets in motion a downward spiral or will he have second thoughts?

Maybe it stems from poverty and not going to school on a full stomach, thereby becoming disruptive in class, because the “second brain” of the body is not having due attention paid to it. Maybe it stems from a lack of love at home with no one being at home when a student gets home from school and so they go out and fall in with the wrong crowd. The brain in ones head is the academic one, but a persons stomach in some respects acts as a emotional brain. Between them they determine what might be described as emotional intelligence.

Maybe, as the case I am about to describe, is simply one of no boundaries being set from an early age and now had that aforementioned feeling of being bullet proof. A 13 year old dying in a crash caused by trying to flee the police was one whose caregiver had described as being out of control.

But, okay, lets assume a person does go to jail and do their time in full. They come out genuinely remorseful and admit to the past offences at job interviews, and then cannot get a job because no one will hire someone with a criminal record. Meanwhile the recently released prisoner has to feed, clothe and do all the other things a person needs to do to live, but cannot find the money to fund it all.

And so, the man who had turned his life around, and owned up to his past is now being denied the means to move forward in life and get away from his negative influences. Thus begins a cycle that I suspect is being played out all too frequently among our former jail bird population.

So, what do we do about this?