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No "dirty back room deal" done in Baby Moko case pleas

Author
Michael Sergel,
Publish Date
Tue, 3 May 2016, 8:07PM
Moko Rangitoheriri (Supplied).

No "dirty back room deal" done in Baby Moko case pleas

Author
Michael Sergel,
Publish Date
Tue, 3 May 2016, 8:07PM

The Criminal Bar Association is dismissing claims Crown lawyers are accepting guilty pleas for lesser charges to speed up the resolution of cases.

Tania Shailer and David Haerewa have pleaded guilty to the manslaughter of Taupo toddler Moko Rangitoheriri, despite originally being charged with his murder.

Chen Palmer lawyer James Dunne told Rachel Smalley the pair could still receive the same sentence will they appear for sentencing next month.

"Just because they've pled guilty to manslaughter doesn't mean they're going to get the soft option. It's certainly still open to the sentencing judge to send them away to prison for life in the same way as for murder."

MORE: Baby Moko tragedy should "never happen again"

Toddler killed by carers - Death was not quick or painless

The Sensible Sentencing Trust has accused prosecutors of bargaining for a guilty plea through a "dirty back room deal".

But Criminal Bar Association president Noel Sainsbury told Rachel Smalley such claims are completely unsubstantiated and baseless.

LISTEN ABOVE: Noel Sainsbury talks to Rachel Smalley

"We do not know the discussions that went on. To say that the police have somehow compromised it, hand in hand with the Crown solicitor, is outrageous."

Mr Sainsbury said Police put a lot of work into investigations and Crown solicitors take their duties very seriously.

Mr Dunne said we don't know what evidence was available or what happened in court, but tough decisions may have been made.

"Certainly it looks as though they've had to make that very difficult decision between whether they should push all the way for a murder conviction, or to accept a manslaughter conviction, which I doubt sat particularly well with them."

The case also sparked criticism of sentence indication hearings.

Mr Sainsbury said the hearings aren't about negotiating sentences - they're about telling offenders their potential sentence range.

"For a lot of defendants, having that knowledge makes the difference between pleading guilty or potentially fighting the charge."

He said the hearings require an agreed charge and statement of facts, input from victims and the judge knowing the history of the offender.

LISTEN: Dame Lesley Max & Chris Gallavin talk to Mike Hosking about Baby Moko's death

 

Meanwhile, law professor Chris Gallavin wants the Law Commission to consider different degrees of murder for cases like this. 

"New Zealand homicide laws are a complete mess, a total basketcase," he said. "They need a review right from the ground up."

Convener of the Criminal Law Committee at the Law Society Stephen Bonnar QC agrees.

"So there were legitimate concerns about it and there will a division of opinion but perhaps time has come for us to have a wider look at these issues."

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