Police are investigating a "sham" family group conference report presented to court by a Tauranga CYF worker that resulted in the dismissal of 39 charges which were admitted by a 14-year-old Te Puke boy.
The charges were dismissed yesterday by Judge Grant Fraser in the Napier Youth Court, because the
conference had not been held within 14 days of the boy's last appearance in the court, as required by law.
It meant the boy could be freed from the Northern Youth Residential Centre where he had been remanded after the conference was ordered at the appearance on August 16.
It should have been convened by a Child Youth and Family Service youth justice co-ordinator in Tauranga within seven days and held within another seven days.
The boy was facing 30 charges of stealing from cars, five of interfering with vehicles, three of intentionally damaging vehicles and one of burglary, offences committed in Napier while awaiting sentencing for more than 20 offences in the Bay of Plenty.
Judge Fraser accepted the argument by youth advocate and Napier lawyer Scott Jefferson that because it had not taken place, the proceedings were nullified.
Of particular concern was a document provided to the court by the Tauranga youth justice co-ordinator purporting that a conference had been held on August 19, attended by Mr Jefferson, Te Puke policeman Shane Blanchard, the boy and his mother.
Mr Jefferson said yesterday he had not been present, Napier police youth services senior officer Sergeant Allan Potter said the Te Puke officer had also not been there, although both had spoken with the co-ordinator, and neither had the boy and his mother.
The judge said it was with a "real level of concern" that he recorded the document relating to August 19 was "not genuine as to its content and, in reality, is a total sham".
Detective Sergeant Brian Schaab confirmed immediately afterwards that police had begun an investigation.
The boy was not present at yesterday's hearing, brought forward from September 15 when he was to have been sentenced.
Sergeant Potter said that in the circumstances police were not in a position to oppose the application by Mr Jefferson who said a failure to convene the conference within the legislation invalidated the family group conference process and removed the jurisdiction of the court to consider the information.
"I'm asking the court to take the reluctant step of dismissing the information," he said.
The judge confessed to having a "huge amount" of concern for the victims and police who had put in a "huge amount" of effort dealing with the crimewave which happened while the boy was in Napier on remand after similar offending in his home area of Tauranga and Te Puke.
The judge said he was bound by legislation - "like everyone else" - but because the conference had not been called there was "no justification for the information to proceed" and he had to dismiss the charges.
They related to a series of offences in which thousands of dollars worth of property was stolen but it was not clear last night what avenues of redress were available to the victims.
Judge Fraser sought an explanation via Napier youth justice co-ordinator Tute Nepe-Apatu during yesterday's hearing and, after an adjournment he found it difficult to find "any thread of logic" in the copy of the hand-written response he had received and there was no suggestion as to why the conference had not been held.
He could not reach a conclusion as to whether it has been designed to be misleading and pointed-out that Mr Nepe-Apatu was not involved in co-ordinating the conference.
Today, Midlands manager Trevor Wi-Kaitaia told the Bay of Plenty Times he was aware the case was before the courts but was unable to make any comment as it was under investigation.