Stephen Franks short but blunt message about our judicial system

I have refrained from entering into the Teina Pora debate until some sensible thoughts emerged.

Stephen Franks is short and blunt, but he is right.

Another embarrassment for our criminal justice system dealt with by ?the Privy Council, the world?s best independent ?top court.

There will be too much political resistance to admitting a stupid mistake in dumping that inexpensive heritage assurance of judicial objectivity. But the need remains.

We should promptly ask the High Court of Australia to accept our appeals where we need demonstrable assurance that the result will not be influenced by insider defensiveness or local groupthink.

The single worst thing that Helen Clark did, with it appears little actual thinking, was the removal of appeal tot eh Privy Council. ?

As has been seen time and time again our system has flaws.

As I pointed out recently to the Human Rights Review Tribunal, if our justice system was infallible then we wouldn’t need to have an appeals system or higher courts.

All too often judges decisions in lower courts and in tribunals have been rapidly overturned on appeal.

We saw my own case where a District Court judge said I wasn’t a journalist and based his decision on a rejected Law Commission report. The High Court based their decision on the law. The Director of Human Rights Proceedings likewise based their arguments before the HRRT on the rejected Law Commission report…I pointed out that a reject report wasn’t law and the law is what we must adhere to…We await their decision.

If the Tribunal finds otherwise then it will be off to the High Court again I fully expect that the High Court will take but 5 minutes to decide that yet again a lower court or tribunal got something wrong again. I mean the High Court is hardly going to over turn another High Court decision are they?

Stephen Franks is right…we need an independent appeals process once all NZ courts are exhausted. Quite simply the talent pool in New Zealand is rather shallow.

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