Source: Radio New Zealand
David Tamihere. RNZ
The Defence Lawyers’ Association does not believe the Crown has the evidence to pursue a retrial of David Tamihere.
Tamihere was convicted in 1990 of killing Swedish tourists Urban Höglin and Heidi Paakkonen on the Coromandel Peninsula.
On Tuesday, the Supreme Court quashed the convictions and directed a retrial – a decision that rests with the Crown.
The court found there was a fundamental error in Tamihere’s 1990 trial which made it unfair – and the Crown case had changed so “radically” since then that it had not actually been tested by a jury.
Te Matakahi co-chair and criminal barrister Elizabeth Hall did not believe there was public appetite for a retrial.
“Will the Crown retry Mr Tamihere? I’m willing to bet if there was a public vote on whether that should happen the answer would be a resounding ‘no’.
“Mr Tamihere has paid a very high price, personal price, for our justice system getting something wrong.”
Defence Lawyers’ Association co-chair and criminal barrister Elizabeth Hall. RNZ / Samuel Rillstone
She said the Crown was obliged, however, to consider whether it should try the case again.
“That involves a thorough consideration of the available evidence, the prospects of the prosecution being successful but also really strong consideration of … public interest.
“So, is it in the public interest that a retrial be brought after all of this time? And there are very strong arguments that could be made that the evidence that the Crown would have available to them simply isn’t enough to even get over that first hurdle, nevermind considering whether there are … public interest considerations.”
Hall said if the Crown decided against a retrial, Tamihere had a strong claim to compensation – however, his chance of success was remote.
“Most people who are wrongfully convicted – certainly my clients who come to me and say, ‘Now what? What about compensation?’.
“The reality is you tell them that compensation is almost impossible to achieve in New Zealand.”
Hall said she could count on one had the number of people who had had successful compensation claims.
“Obviously Mr Tamihere would have very strong grounds and … if there is no retrial and he has essentilly been acquitted, and paid that very high price of being wrongfully convicted following an unfair trial – it would be difficult I think to see how he could not be compensated.
“But don’t forget compensation is money, it does not bring back the life he has spent behind bars.”
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
