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Home / New Zealand

Christchurch court violence sees barristers call for swift end to Ministry of Justice strikes

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
15 Nov, 2018 09:13 PM3 mins to read

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Striking Ministry of Justice staff are raising safety concerns in the country's courtrooms. Photo / Dean Purcell

Striking Ministry of Justice staff are raising safety concerns in the country's courtrooms. Photo / Dean Purcell

New Zealand's professional body for barristers is calling on a swift resolution to the ongoing Ministry of Justice industrial action after a "serious incident" involving gang members.

A brawl erupted at the Christchurch District Court yesterday morning as men rushed the dock while a man appeared in court over the fatal shooting of a King Cobra gang member.

New Zealand Law Society president Kathryn Beck said the violence was a direct result of the ongoing employment dispute between the Ministry of Justice and Public Service Association (PSA) members.

Today, New Zealand Bar Association (NZBA) vice-president Jonathan Eaton QC said the NZBA shares the same concerns expressed by Beck.

"While we are not taking a position on the industrial dispute itself, we are strongly of the view that there needs to be a speedy resolution," he said in a statement.

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"We have already had a serious incident at the Christchurch District Court which may not
have occurred if the industrial action between the Ministry of Justice and court staff was not in place. The Bar Association believes anyone using the courts should not have their personal safety placed at risk."

Eaton added the escalating industrial action is also creating uncertainty and another layer of stress for users of court services.

The Christchurch fracas, Beck said yesterday, showed "the safety of people attending the court is at increased risk".

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"The lawyer for a defendant who was required to appear in court became aware earlier this week that gang members hostile to him were likely to be present," she explained.

"The industrial action meant the lawyer was unable to request an appearance by audio visual link (AVL). She firmly believes that given the circumstances an AVL application would have been granted and the violence would not have occurred in the courtroom."

However, PSA national organiser Brendon Lane told the Herald previous appearances for the case had been held in closed courts because of the security threat King Cobra members posed.

Yesterday's hearing was directed by the judge to be held in open court, the union representative said.

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The Ministry of Justice's chief operating officer, Carl Crafar, said there were three court security officers in the courtroom and a heightened police presence for the hearing.

Earlier this week, Chief District Court Judge Jan-Marie Doogue said judges are also asking for prisoners to be brought to court in person when AVL is not supported due to striking staff.

Beck said the Law Society "is strictly neutral" on the industrial action by PSA members but was "not aware of what steps, if any, were taken to manage the increased risk".

"We urge the parties to consider the serious impact which the industrial dispute is having on our court system and would encourage them to do all they can to come to a resolution."

The Employment Court at Auckland has already dismissed an injunction application by the Ministry of Justice to stop short-notice "lightning strikes" by PSA members because of safety concerns.

Today, more strike action is occurring as union members walk off the job at the Kaitaia District Court from 10.30am for two hours, the PSA said in a statement.

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