Krishla Fuataha (from left), Tania Vini and Lucy Akatere. Herald Picture / Martin Sykes

Krishla Fuataha (from left), Tania Vini and Lucy Akatere. Herald Picture / Martin Sykes

By NAOMI LARKIN

The police have apologised to three girls who spent seven months in jail for a crime they did not commit.

Commissioner Rob Robinson said yesterday that police were "very sorry" that the Auckland teenagers were "victims of a miscarriage of justice".

On Tuesday, the Court of Appeal in Auckland quashed the joint conviction for aggravated robbery of Teangarua (Lucy) Akatere and Tania Mayze Vini, both aged 17, and McCushla (Krishla) Priscilla Fuataha, 16, all of Mt Roskill.

The court heard that after their trial, the Crown's principal witness, a 13-year-old, retracted her evidence by affidavit. A corroborating witness also retracted his evidence.

The 13-year-old, who was too young to be charged, had claimed she and the three older girls attacked a 16-year-old schoolgirl at Three Kings Plaza in 1999.

Outside the Court of Appeal on Tuesday, the girls said they were happy with the ruling but "we just want the police to say sorry".

Last night, Tania Vini and Lucy Akatere said they would not be satisfied until they received the apology in person from police and particularly the officer in charge of the case, Detective Constable Trevor Franklin, a former test cricketer.

Lucy Akatere said she also wanted a personal apology from another detective who had interviewed her.

Tania Vini's father, Vini Kavi, said he was pleased with the apology but "it was what we expected".

Mr Robinson, who is based at police national headquarters in Wellington, said Auckland officers would convey the apology to the girls and their families.

"The criminal justice process has checks and balances at all stages, including the court hearings. Unfortunately, they all seemed to fail these girls," he said.

An internal inquiry into the original investigation was under way.

Justices Bruce Robertson, Thomas Gault and Peter Salmon, who overturned the conviction, told the girls they had the court's sympathy.

Justice Gault said the wrongful conviction "raises questions of conduct by the police, which is a serious matter and must be properly investigated".

The girls' lawyer, Gary Gotlieb, said they would seek compensation but the main focus at the moment was their emotional wellbeing and victim support.