Discrimination by courts alleged

Press, 28 November 1979, Page 18

Discrimination by courts alleged

Maori children are getting rougher justice in New Zealand courts than their white counterparts, according to the chairman of Auckland’s Committee on Racial Discrimination (Dr O. R. W. Sutherland). Speaking at a conference on children, Dr Sutherland said that about 10 per cent of the population was Maori, and that all 20 girls, age 15, in prison, Borstal, and detention centres were Maori. However, a Justice Department spokesman (Mr M. Smith) has said Dr Sutherland’s figures are “deliberately misleading.” Speaking from Auckland, Dr Sutherland said there was a problem because probation officers and social welfare workers were making “value judgments” about children facing the law.

In sentencing, magistrates put great weight on the officers’ reports, and

these were made almost exclusively by middleclass social workers. To support his assertion, Dr Sutherland said there was no Maori probation officer in Auckland.

The figures he used were taken from Justice Department figures over the last 10 years. The latest figures used were for the 1977 year, including the first three months of 1978. A total of 455 children between 14 and 16 years of age were remanded to prison while court action proceeded. Of these. 63 per cent were Maori.

In the 10 year period from 1966 to 1976. a total of 112,967 children between 15 and 17 years were found guilty of offences in the Children and Young Persons Court. Of these 23.573 were fined, and in this category 29.1 per cent were Maori. A total of 1461 went to

periodic detention, 35.7 per cent of this group being Maori. The court sent 1336 children to detention centres, 48.5 per cent being Maori. Social welfare took car# of 10,413 children. 53.5. per cent of them Maori? Of the 2237 sent tea Borstal, 58.6 were Maori. ‘

“What these figureaf show is that any Maori child before the Court 1# more than twice as likely, to go to Borstal but only half as likely to get awa\* with a fine,” Dr Suther-, land said. However. Mr Smith sa.tfc a judgment cpuld not be made based on “bald tistics.” _ The Justice Department? had made a study of am. aspect of the problem an<f published a report. Thi# had shown a raciaj weighting, but attrfbute<| it to a variety of including the seriousnesS of the crimes committed. •