Bail change sees accused free to walk streets

A law change allowing people to get bail when they are facing serious charges such as murder and rape is today under fire in Tauranga from the police union, victims and politicians.
Under the new Bail Amendment Act, police must prove that if bailed there is a "real and substantial risk" a person will either fail to reappear in court, interfere with witnesses or evidence or re-offend while on bail.
A police source said police had stopped opposing bail for some offenders whose bail they would have opposed before the act came into force.
"After the first of October it's just a waste of time doing it," the source said.
Since that date, 264 people have been bailed from Tauranga District Court, while 40 have been remanded in custody.
A further 259 people have been remanded "at large" - released into the community without any bail conditions.
The source said some alleged offenders had deliberately held off making their bail applications until after October 1 when the new provisions became active.
He pointed to a Tauranga pair charged with wounding with intent to cause grievous bodily harm after a man received a punctured lung and multiple stab wounds at a 21st birthday party in Merivale in July.
Despite police opposition on the grounds of the "seriousness of the offence" and "concerns things may escalate more between the different parties," they were bailed, the source said. "Basically seriousness doesn't come into it anymore - not as much as it used to."
When opposing bail, police must use an offender's past to prove how they are likely to behave in future. Critics say first-time offenders will almost certainly be granted bail irrespective of the seriousness of the alleged crime.
Under the new legislation, breaching bail conditions is no longer grounds for an offender to be remanded in custody. A recent case saw Tauranga police arrest the same offender four times within a week and again the following Monday for breaching his bail conditions.
"I know the staff are starting to get frustrated by it. They lock them up and they see them down the street the next night," the source said.
The new legislation was a bid to clarify the law and reduce the number of remand prisoners in overflowing prisons.
As a result of the new legislation the number of prisoners remanded in custody at Tauranga Police Station has plummeted this month with far fewer prisoners being held to await return to Waikeria Prison.
The family of Shane Kurth have also spoken out after Steven Nightingale - the man accused of his murder - was bailed to his mother's home in Porirua, despite police opposition.
Bay of Plenty Police Association regional director Mel Ridley said if Nightingale had been applying for bail prior to October, "he probably never would have got it but under the new provisions he did".
He said since that hearing he had fielded phone calls from people involved in the investigation - some of them witnesses - who were fearful that Nightingale had been released.
Mr Ridley said if police could not show enough evidence to support their views then under the new legislation the court was bound to bail them.
"I think some of our frontline police officers think what is the point? It's like a sheepdog trying to heard sheep into a paddock that's got no fence," he said.
Bay of Plenty MP Tony Ryall said the National Party voted against the Bail Amendment Act. He said National wanted to see tighter bail regulations and judges to be given more flexibility to deal with offenders.
Tauranga defence lawyer Paul Mabey QC has this week spoken out in defence of the act. In a television interview, he said it "remained to be seen" whether the changes to the legislation would make it easier for people to get bail.