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A backlog of methamphetamine cases is threatening to swamp an already overloaded court system, prompting a top judge to go public with his concerns.
In a rare move, Chief High Court Judge Tony Randerson yesterday pleaded with Parliament to relieve the pressure on the High Court,
which is beset by excessive delays because of methamphetamine-related cases.
Methamphetamine, or P, was made a Class A drug five years ago and the accompanying maximum penalty of life imprisonment meant cases could be dealt with only by the High Court.
Justice Randerson told the Weekend Herald it was in the public interest that the law was changed so methamphetamine cases could be dealt with in the District Court.
But the legislation that would allow such a move - the Criminal Procedures Bill - has stalled because the Government says it does not have enough votes to pass it without National's support.
Justice Randerson said it was rare for judges to comment publicly on the work of Parliament "but it is appropriate for heads of bench from time to time to express their concern on matters that affect the public interest".
"My responsibility as Chief High Court Judge is to ensure its orderly and efficient operation, and the flood of methamphetamine trials is seriously impairing our ability to do that."
Another senior judge - speaking on condition of anonymity - said National risked being hypocritical if it continued to criticise court delays, while refusing to support the bill.
Justice Randerson would not comment on the political aspects of the bill.
"The view of the judiciary is that we would like to see this bill passed. How the Government achieves that majority is entirely a matter for the Government."
The number of High Court jury trials had increased 73 per cent - from 136 to 236 - in the five years since methamphetamine became Class A.
More than half were methamphetamine trials.
The Bill of Rights dictates criminal trials be dealt with in a timely way, and Justice Randerson said this meant they often took priority over civil cases - a trend he said should be of concern to commercial interests.
He said cases of importance to private individuals - such as negligence, breach of contract and leaky homes hearings - were also being delayed.
The "end of the queue" for civil cases was now in the middle of next year.
He said the 32 High Court judges were struggling with the workload and "there is a question how long they can keep going and still be functioning at the top level".
Justice Randerson said the solution was not to appoint more judges, but to make sure judges were dealing with cases fitting their expertise.
"We might be dealing with the supply of a point bag of methamphetamine worth $100 that might result in a sentence of home detention.
"It is not right that High Court judges should be dealing with cases of that kind, but as the law stands we have no choice."
The Criminal Procedures Bill contains other measures such as majority verdicts and exceptions to double jeopardy, but the only clause National will not support is one largely abolishing pre-trial depositions hearings.
Associate Justice Minister Rick Barker said the Government would not pass the bill unless this measure - supported by the Law Commission - was included as it was a fundamental part of improving the system.
Mr Barker said it meant victims would have to give evidence only at a trial and not have be "re-traumatised" at a depositions hearing.
National Justice spokesman Simon Power said the party would be cognisant of Justice Randerson's comments.
