The Pora
Case…a miscarriage of justice…or an indicator of police stupidity…you decide.
Is this but yet
another example of a police operational stuff up and evidence of the police’s
inability to ever admit to its obvious blunders and official cover-ups? Is
because our police and the many legal people, lawyers etc., which are employed
by them, are simply incompetent, poorly trained, poorly supervised and
organised?
For the habit
of jailing innocent people, falsifying evidence and creating false confessions
appears to now be what could only be called an epidemic sized national problem.
This from a
reader;
“Over the years I have
been astounded at the ham-fisted approach of the police. Arthur Allen Thomas was most likely the best example. What a
come down for them when they had to admit to planting the evidence!
David
Bain was another. Permission for the
family to raze the house was a neat way out of destroying any evidence.
Scott
Watson: where the police flatly denied, the
Launch-master’s evidence about a two masted boat with a blue stripe in the
court. My view is that guy would know just what he was talking about. Two
masts are two masts. Scott’s boat which also had a blue stripe was single mast.
Was this another example of how easily they can get out of their depth?
John
Barlow: Two trials, two hung Juries. “Keep
on trying him boys until we get the verdict we want?” You will note his wife
stuck by him through thick and thin. If he was guilty would that have been the
case? There was the case where they trumped up charge of rape against David Dougherty only to find
three years later the DNA matched someone else Maybe that was an extenuating
circumstance. How long had DNA evidence been available?
The
‘Tahoe’ Raid: That went off half-cocked, when they
found the Terrorism Legislation was faulty, perhaps not a Police fault but
still a bad look”.
My reader was
kind enough to leave out a few other cases:
The Kim Dotcom over kill and illegal operation has
been well documented and now the absolute shambles of the Teina Pora and Malcolm
Rewa relating to the Susan
Burnett rape and murder cases…
There was the
shocking police behaviour when they closed the ‘Roast Busters’ case because the son
of a police officer was involved in the illegal sexual behaviour with under-aged
females in Auckland, go to the reference below for more shocking details.
Louise Nicholas:
Then there
was the famous or infamous events surrounding the multiple mass rape [s] of
Louise Nicholas by top police officers:
Returning to
the latest revelations regard police behaviour and low quality investigation
skills that revolve around the questioning and confession of Teina Pora gained
by police investigative officers. Let’s take a closer look at the Time line
relating to this case:
Teina Pora
timeline
1992,
March 23: Susan
Burdett raped and murdered in her home in south Auckland.
1993,
March 23: Teina Pora
charged with burglary, sexual violation and murder.
1994,
June: Pora convicted
as a party to the rape and murder on the basis of confessions he made…Sentenced
to life in prison.
1996, May: Rewa arrested after attacking a young
woman in the inner Auckland suburb of Remuera, DNA from Rewa's father found to
match semen from Burdett crime scene.
1998: Rewa eventually convicted of the rape
of 27 women, including Ms Burdett but two juries fail to reach a verdict on
murder.
1998, May
30: In 1998 Rewa was
convicted on multiple sex charges dating back to 1987 and sentenced to
preventive detention with a minimum non-parole period of 22 years. He was
convicted of the rape of Ms Burdett the following year.
1999: Court of Appeal quashed Pora's
convictions as a result of the DNA evidence implicating Rewa and evidence that
Rewa acted alone.
2000,
June: Pora was again
convicted at his retrial, based on his confessions and witnesses, some of whom
it later emerged were paid. His appeal to the Court of Appeal was dismissed.
2009,
September: Private
investigator and former police detective Tim McKinnel visits Pora in prison and
is given permission to make inquiries on Pora's behalf.
2011,
September: Pora team
file notice of application for the Royal Prerogative of Mercy but two years
later are granted an appeal to the Privy Council.
2012, May: Police's criminal profiling expert
goes public in Herald with view Pora not involved; Pora's team sue police
claiming it is unlawfully withholding evidence, Ms Burdett's brother says Pora
is innocent.
2013,
February: It is
revealed police paid some prosecution witnesses.
2013,
August: The Police
Association call for an independent inquiry into Pora's convictions.
2014,
April: Pora granted
parole at his 13th appearance before the board and after spending 21 years in
jail.
2014,
November: Five-member
Privy Council panel hears appeal.
2015,
March 3: Privy
Council quash convictions.
Serial rapist
Malcolm Rewa:
Legal experts
say Rewa could stand trial for the murder of Susan Burdett for a "very
rare" third time, After 22 years in custody, the Privy Council yesterday
upheld Teina Pora's appeal and quashed his convictions for the 1992 rape and
murder of Ms Burdett.
The move has
opened the possibilities for a retrial of Rewa. In 1996, DNA from semen at the
scene linked the attack to Rewa, a serial rapist with a modus operandi of
offending alone.
Here are some
other references where you can learn more about the case:
Dean of the
University of Canterbury's School of Law, Associate Professor Chris Gallavin,
said there was "a good chance" that the Attorney-General, on advice
of the Solicitor-General, could push for a fresh Rewa murder trial.
"They
will be taking a very serious and hard look at the question of the culpability
of murder for Rewa. I'd like to think they would've examined this already in
some detail," he said.
"What is
clear from the Privy Council's opinion is that they have recognised some
striking similarities, including the DNA that places him at the scene, and the
signature, or trademark, of Rewa offences and the death of Ms Burdett."
Given that
the two previous juries were hung on the murder charges, it meant that new
evidence would not have to be brought by the Crown.
"Hung
juries are different to an acquittal, and you can just start again," he
said.
But he
suspected Rewa's defence counsel might challenge the move for a third trial,
given the length of time that has lapsed.
Dr Gallavin
said it was "very rare" to be tried three times on the one charge.
Susan Burdett
was brutally raped and murdered in her south Auckland home in 1992. Photo /
Supplied
A spokeswoman
for the Crown Law Office today said it was "far too early" to say
whether Rewa would face a third trial.
"We are
reviewing the decision in consultation with the police and family members of
the victim as to the issue of a retrial. That's all we can say at this
time."
Private
investigator Tim McKinnel told Radio New Zealand that he believed a retrial for
Rewa was a possible outcome from the Privy Council's decision.
He hinted
that there was more to be told about Mr Pora's case that would come out in due
time.
"There
are a lot of things we want to say in time about this case ... but we really
need to be careful at the moment as we take the next step."
Pora in
line for $2m compo
Mr Pora could
be in line for compensation of around $2 million after his convictions for the
rape and murder of Susan Burdett were quashed.
Mr Pora, 39,
is today a free man after serving 21 years in prison for a crime the Privy
Council found he was wrongly convicted of.
Lord Kerr
said while delivering the decision that evidence from two medical experts that
Mr Pora suffered from a form of foetal alcohol spectrum disorder - and in their
opinion that could explain why he made what is now believed to be false
confessions - was a big factor in the outcome.
The board
will receive submissions on whether a retrial should be held over the
next four
weeks.
Stuart Grieve
QC - who was commissioned by the Government to assess David Dougherty's
eligibility for compensation after his acquittal in 1997 - said today that Mr
Pora could be in line for around $2 million in compensation.
If a retrial
is not ordered, or if Mr Pora was acquitted at a retrial, he would be eligible
to apply for compensation.
Cabinet
guidelines specify around $100,000 for every year spent in custody.
"He's
had what a lot of people would say is the best part of his life taken from
him," Mr Grieve said.
"He was
only 17 when all this happened... he's missed out on an awful lot."
Mr Grieve
said other factors such as loss of earnings while in prison could push the
figure higher while a person's actions before imprisonment could reduce the
final compensation figure.
However,
compensation would only be granted if Mr Pora's case made it through
"significant hurdles", Mr Grieve said.
"Assume
for a moment there is no order for retrial, then Mr Pora crosses that hurdle.
"The
next hurdle then is the Queen's Counsel... has to be satisfied that the
claimant is innocent on the balance of probabilities."
Mr Grieve
said he couldn't predict how long the process could take, but said David Bain's
five-year bid for compo was a bad example.
"Certainly
compensation on its own after acquittal has taken some time [in Mr Bain's
case], that's for sure.
"If
there was no order for retrial [of Mr Pora] then I imagine the process could
begin relatively quickly."
Mr Bain is
seeking compensation for more than a decade he spent in jail after being
convicted of the murders of his family in 1994. Advocate Joe Karam told NZME.
News Service the process people were forced to go through in a bid for
compensation was "absurdly unjust". He said Mr Pora's successful
appeal showed New Zealand's criminal justice system needed an overhaul.
"I think
we need a public royal commission of inquiry into the criminal justice system
in New Zealand so that we don't have these cases happening."
He said a
retrial of Mr Pora would be "ridiculous from so many points of view".
Mr Bain was
found not guilty at a retrial in 2009. If he is successful in his compensation
bid, it is estimated that he could receive a multi-million dollar pay-out.
In 2001, the
Government awarded David Dougherty $868,728 in compensation for the
three-and-a-half years he spent in jail after being wrongly convicted of
abducting and raping an 11-year-old girl.
Mr Grieve
said since the compensation was made to Mr Dougherty the Cabinet guidelines had
specified $100,000 per annum.
To wind up
this blog, it would be safe to say that when the police stuff up many people
are forced to pay a price for that stuff up. Many people simply can’t replace
the lost years, but what we can do is to put in place processes and procedures
that will reduce the chances of massive mistakes being made. In the case of Mr
Pora it was only the relentless pursuit of a police officer now an ordinary
citizen who was convinced that Pora was innocent and was being railroaded into
a confession. He and others stood by Pora, and we should thank God they did. We
of course don’t know how many innocent people have been railroaded into
doubtful confessions, refused genuine legal presentations, told lies to or
misled in various ways. We would like to think that we can trust our police men
and women to do the right thing. And the right thing is not to cover-up police
shady behaviour, not to pretend that all is well went it isn’t, the police need
to firstly ‘know the law’ secondly obey the law, and speak out when they know
the law is being broken of ignored. If they had of done that then many, yes many
individuals would have moved down a different path.
If I was a
policeman and played some part in steam-rolling the Teina Pora case I would
seriously consider departing the policing scene. Having a backbone and some
‘guts’ to speak up could have seen a different outcome in both the Tahoe Raid
episode and the Kim Dotcom attack by the boys in blue dressed up like soldiers
pretending they were in Iraq or Afghanistan or New York or even Israel and in
all the other cases in this blog.
Let’s hope
for better days, better behaviour and a little bit of community heart and a
little less unenlightened and shameful behaviour for one that leads to clear and
lasting hope for those who want to have faith in our very politically controlled
justice system.