Contempt law to be toughened

Press, 6 September 1982, Page 1

Contempt law to be toughened

PA Wellington Legislation will be introduced soon to give District Court judges greater powers to deal with contempt of court.

Announcing this last evening. the Minister of Justice, Mr McLay. said he was commenting on a week-end speech ’by the Minister of Police, Mr Couch, who attacked judges for the way in which they allegedly allowed themselves to be intimidated by protesters. Mr McLay backed Mr Couch’s concerns about politicisation of court hearings. “Having forced a judge to use his contempt powers, they then claim that this is an intolerable example of political censorship by the ‘Establishment’ as represented by the judge." Mr McLay said. The new law. to be passed before the end of the year, will allow a judge to exclude an unruly defendant from the preliminary hearing of an indictable offence, and will increase the maximum fine for contempt from $l5O to $lOOO.

Power to imprison for contempt already exists. Mr McLay singled out the Springbok tour and Bastion Point protesters in particular as a problem. He said the vast majority of judges made proper use of tbeir powers to prevent disruption and punish those responsible. “For instance, I know that earlier this year the public strongly supported Judge Callender for the strong and effective way in which he dealt with deliberate and provocative disruption during the taking of tour protest depositions,” Mr McLay said. The real problem was that under present law, District Court judges had inadequate powers to deal with all types of contempt of court. “Their only powers are those laid down by acts of Parliament; by comparison.... High Court ..judges have an

inherent power to deal with contempt, quite apart from any statute," Mr McLay said. He did not comment on other aspects of Mr Couch's speech.

Mr Couch said that the average man believed that only a real optimist would hope for justice in New Zealand’s courts.

Speaking to the Auckland Retired Police Officers’ Club, Mr Couch attacked the courts and judges for what he saw as unpredicted sentences and the way in which theV allegedly allowed themselves to be intimidated by protesters. “I am not going to have our police made fools of. and their time and hard work wasted, because some weak men in some courts do not have the cou/age to do their job properly and fairly,” he said.

A few judges had the courage and determination to keep their courts and the law respected, Mr Couch told the meeting.

“I look forward to seeing their numbers grow until the day returns when each person who comes before the courts can once more know he or she will get justice, fairly and impartially, and not a lottery decision at the hands of someone who believes it is more important to be kind to criminals than fair to the law-abiding, and equally just to all," The most effective contribution radical protesters had made was to awaken moderate, middle-of-the-road citizens to what a breakdown of law and order would mean, he said.

There was only one lasting way to fight crime, and that was by teaching children what was right and wrong, Mr Couch said.

Over the years people had forgotten they had a shared responsibility to make laws work and had “dumped” the responsibility on to the police and the courts. Law Society 'comment, P 6 -