KEY POINTS:
It's supposedly one of the first things you learn in prison. But risque remarks by one district court judge about what not to do with a bar of soap while behind bars has some members of the legal profession in a lather.
At sentencing this week for Christopher
Andrew Cook, Judge Thomas Ingram warned the unemployed 17-year-old that if he continued to reoffend he would eventually end up in prison.
"Two or three of these [convictions] and you will be Waikeria [prison] bound. Just think about lining up in the shower with all the boys, your bar of soap in your hand," Judge Ingram warned the youth after sentencing him to community work for stealing a 99c chocolate bar.
It's that remark that has angered members of the legal profession.
Top Auckland QC Peter Williams described the comments as "disgusting and ridiculous" and said more was expected from the judiciary.
"These are definitely not the type of comments we expect from our judiciary. We pay good money to judges so they act in a judicial manner, set an example to the community and adhere to standards of formality and dignity. It is this type of remark that condones violence in prisons. It's quite shabby really."
High-profile criminal lawyer Chris Comeskey agreed, saying the comments were "outrageous".
If that was the message the judiciary was sending to members of the community, it was a worrying sign. "We expect better standards than this from our judiciary," he said.
National's law and order spokesman Simon Power was reluctant to criticise a member of the judiciary, but said speaking generally the remarks were "slightly odd".
Retired district court judge Ron Gilbert told the Herald on Sunday that while the comment may have been an attempt to scare Cook, Judge Ingram had gone about it in a rather unusual way.
He said individual judges generally had their own techniques to shock defendants, but few tended to go as far as Judge Ingram had.
"Judges are often criticised for remarks that are often unusual and unacceptable. It's not the sort of thing I would have said, but that said, a judge has to be able to use whatever techniques they have at their disposal to stop people reoffending.
"Often these matters are very much matters of discretion."
Chief District Court Judge Russell Johnson said it would not be appropriate to comment because under constitutional convention judges did not comment on other judges' decisions except by way of review or appeal.
Corrections said it had no comment to make on the views and opinions of the judiciary.
- NZPA
