KEY POINTS:
A Northland social worker is to apologise to the courts after a judge accused him of "sabotaging" the sentencing of a teenager.
The teenager, who killed two people when a stolen Mercedes he was driving crashed, was due to be sentenced in the North Shore Youth Court on
Wednesday.
However, Judge Laurence Ryan delayed the hearing after a social worker failed to provide information requested at a previous hearing.
Judge Ryan said: "Essentially the social worker has sabotaged the availability today to sentence [the teen] and I require an explanation as to why this has happened."
He ordered a summons requiring the social worker to appear in court to explain himself and offer an apology to the teen and his mother for the delay in imposing a sentence - the third time it has been put off.
The 16-year-old pleaded guilty in December to two counts of dangerous driving causing death, two counts of dangerous driving causing injury and being an unlicensed driver.
The charges relate to an accident in Dome Valley last October which occurred when the boy was fleeing from police. Two passengers, including a hitchhiker, were killed. Two others were seriously injured.
Part of the reason for the delay in sentencing has been due to difficulties in finding a tough enough sentence. The problem lies in the fact the teen cannot be sent to prison because he was not charged with manslaughter.
The toughest sentence available in Youth Court is three months' supervision, which Judge Ryan described at an earlier hearing as "a totally inadequate response".
He then ordered a psychologist report to see if the teen was mentally fit to be sentenced. If found to be unfit the boy could have been detained in custody for a longer period as a special-care patient.
Authorities have considered transferring the case to the District Court in the hope of a tougher sentence being imposed there.
However, at last month's sentencing Judge Heemi Taumaunu said the teen was fit to be sentenced and there was no point transferring the case to the District Court as the toughest sentence available there - community work and supervision - would still be too light.
After eliminating all other options, Judge Taumaunu called for a new social worker's report and plan to be prepared to sentence the teen to supervision at a youth justice residence, followed by supervision upon his release.
However, when Judge Ryan received the report this week it failed to comply with those instructions.
The social worker "simply made a recommendation of a transfer to the District Court for sentencing, which is quite contrary to the decision Judge Taumaunu made", said Judge Ryan.
Child, Youth and Family deputy chief executive Ray Smith said the social worker had undertaken to write the report for a sick colleague and the error was "an honest mistake".
"He has told me that he is sincerely sorry and that when he attends court ... he will apologise directly to the court."
The teen is now scheduled to be sentenced next month.
Justice delayed
* Jan 17: First judge puts off sentencing, concerned that Youth Court sentences are not tough enough.
* Feb 21: Second judge rules out hearing the case in the District Court for the same reason and orders a new report on a supervision-based sentence.
* Mar 21: Sentencing put off again after social worker recommends transferring case to District Court - against the second judge's orders.
