Lawyer: Why were worries about phone ignored?

A lawyer who exposed failings in the prisoner telephone system at Whangarei police station wants an official inquiry into why senior police ignored his concerns.
Whangarei criminal defence lawyer Dave Sayes first started complaining about the speakerphone system, used by prisoners to ring lawyers, in March last year, shortly after the new $23 million station opened.
Mr Sayes warned that the phone system could lead to an accused person being let off charges because it breached their Bill of Rights.
Last week his prediction came true when recidivist drink driver Stephen David Pugh, 51, had his 12th drink driving charge dismissed because a judge found the phone system breached his Bill of Rights.
Chief media adviser at police headquarters Jon Neilson, said discussions were under way with Northland District staff around whether improvements made to the phone system at Whangarei police station have overcome the Bill of Rights.
"Once we have ascertained exactly what the technical issues are and whether the actions taken in Whangarei provide the best solution, we will check other stations to ensure Bill of Rights compliance. The equipment used in Whangarei, which is a new police station, is used elsewhere in the country and we are doing checks in all districts to ascertain just how many stations use this particular system so that whatever adjustments might be needed can be done as quickly
as possible."
He said Judge Graham Hubble's decision has had no impact on other cases already heard, as such a defence would have had to form part of counsels' submissions at the time of each case. Judge Hubble found that with the system it was possible, by pushing a single button, to put the conversation into conference mode so that it could be heard in the cell and on the phone the police officer used to transfer the call. The conversation could also be heard outside the cell,
also a breach.
Mr Sayes said despite his concerns and those of other Whangarei lawyers about the system, senior police ignored them. "Even the head of prosecutions in Northland agreed that the phone system did not work as it should, yet our concerns were ignored from above and you have to ask why. There's needs to be an official inquiry into this," he said.
"I'd like to know why senior officers in Whangarei should place our police prosecutors at risk of getting a bollocking for bringing prosecutions which would be open to criticism.
 
"It was acknowledged by the lawyers and the police who deal with that phone system that there were problems with it, so much so that the police provided a cellphone for prisoners to use because they knew it wasn't working properly," he said. "Then there was a directive from senior officers that the officers were not allowed to give prisoners a cellphone and that they had to use the speakerphone. This is the speakerphone that those officers on the ground knew wasn't
working properly."
Mr Sayes said anyone charged with drink driving who had used the system could potentially have a defence against the charge or have cause to appeal their conviction.
 

 During Pugh's court case before Judge Hubble, the head of police prosecutions in Whangarei, Senior Sergeant Janine Attwood-Graham, gave evidence that she tested the phone cell after Mr Sayes first complained.  She said after the test that she agreed with Mr Sayes, saying it was not private and conversations could be heard from outside the cell and the quality was also bad.

 Ms Attwood-Graham made her concerns known to Whangarei police area controller Paul Dimery several times, but the system did not have any remedial work done on it until early this year.