Man bailed, but held in custody

Press, 4 September 1982, Page 7

Man bailed, but held in custody

PA Auckland A man who had been granted bail instead spent more than two months in custody in Mount Eden Prison, because the bail terms did not reach the prison, the District Court at. Auckland heard.

Mark Kaaho, aged 33, an unemployed labourer, of Mount Wellington, first appeared in court on June 25. He pleaded not guilty to a charge of possessing an offensive weapon, broken glass, in a Mount Wellington tavern, and was granted bail with surety. On July 9, his bail terms were altered, and his surety was replaced by an order to report to the police on Saturdays, until the date of his hearing on Wednesday. The duty solicitor, Mr R. Parmenter, said that the bail terms had not reached the prison and Kaaho had spent the time of his remand in custody. Outside the court, he said Kaaho had told him he now

wanted to plead guilty to the charge so that he could stay out of jail.

Kaaho faced a further charge of disorderly behaviour relating to June 24 at the Mount Wellington Tavern. On Wednesday, Kaaho pleaded guilty to both charges. Judge Browne said Kaaho was remanded in prison longer than he should have been and for that reason he would not impose any further penalty. He convicted and discharged Kaaho on both counts.

The senior deputy registrar of the court, Mr M. Reidy, said that court officials had not taken the necessary measures to ensure Kaaho was released on bail after the bail terms were varied on July 9. An inquiry was continuing at the court office to find out why it had happened, he said. Mr Reidy said the Court received a note from Kaaho in Mount Eden asking for variation of his bail. He presumed this was because

he had been unable to raise a surety. The Court had changed the bail terms and notification should have been sent immediately to the prison for Kaaho’s release.

Mr Reidy said there should have been, a double check to make sure this was done. He would not comment on whether the Justice Department would pay Kaaho compensation.