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Home / New Zealand

Alan Hall: Compensation assessment underway for man who suffered 'significant miscarriage of justice'

Hazel Osborne
By Hazel Osborne
Open Justice multimedia journalist, Wellington ·NZ Herald·
13 Sep, 2022 05:00 PM4 mins to read

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Alan Hall left the court in June acquitted of murder after 37 years of fighting to clear his name. Photo / Mark Mitchell

Alan Hall left the court in June acquitted of murder after 37 years of fighting to clear his name. Photo / Mark Mitchell

It took 37 years for Alan Hall to have his name cleared of murder, but he will be waiting up to another year to know if he will be compensated for decades of his life lost to the justice system.

He told Open Justice that he was unhappy with how long it was taking, but he and his family are confident his claim will be successful.

Hall's claim has made some progress this week with the appointment of Retired High Court Justice Rodney Hansen.

Hansen, who was previously appointed to assess Teina Pora's claim for compensation, has been tasked with looking at Hall's claim, which has the potential to be the largest in NZ history.

Hall's application for compensation for wrongful conviction and imprisonment was lodged in the Supreme Court following his historical acquittal in June this year.

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Hall was accused of murdering Papakura man Arthur Easton in a 'home invasion gone wrong' in 1985 and was convicted of the killing a year later.

He spent nearly two decades behind bars, and 37 years as a convicted murderer before his convictions were quashed by the highest court in New Zealand.

His mum Shirley fought for her son's name to be cleared and always believed he was innocent. Hall's family, especially his brother Geoff, continued the fight to clear Hall's name after Shirley died in the early 2010s.

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After four attempts at quashing his convictions, the Crown conceded that Hall had been the victim of a significant miscarriage of justice, a sentiment echoed by Chief Justice Helen Winkelmann in the Supreme Court in June.

Brother Geoff Hall said prior to today he was anxious about the Ministry of Justice dealing with Hall's claim, feeling burned from previous dealings.

However, the family believes the appointment of Hansen will ensure Hall's claim will be assessed thoroughly and fairly.

"When we found out it was Justice Hansen everything changed," Geoff said. "We feel very comfortable with him placed in that position."

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Brothers Greg, Geoff and Robert Hall addressed media outside the Supreme Court of New Zealand after Alan was acquitted of murder in June this year. Photo / Mark Mitchell
Brothers Greg, Geoff and Robert Hall addressed media outside the Supreme Court of New Zealand after Alan was acquitted of murder in June this year. Photo / Mark Mitchell

Hall himself told Open Justice he was unhappy with how slow the process was moving, and when asked what he'd do if his claim was successful simply said, "I don't make plans that far ahead."

It will take months, maybe a year, for Hall to know if he will receive compensation.

"I'm comfortable it will be a result in Alan's favour," Geoff said.

If the claim is successful, Geoff said the money will be used to help his brother reintegrate comfortably. He said the money is needed now.

"I want to see him get the best out of his remaining years."

"We would love for them to speed that process up so Alan can move forward with his life."

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Geoff said there were a number of inquiries underway to do with the wrongful conviction and incarceration of his brother, including independent investigations into the Crown and police conduct.

Justice Minister Kiri Allan said she had received Hall's claim in July.

"I've decided that his claim merits further assessment and should be assessed by an experienced independent inquirer," she said.

Allan said she believed Hansen was well suited to advise on Hall's claim, given his extensive experience.

Hall's compensation claim will be determined under Cabinet's Compensation Guidelines for Wrongful Conviction and Imprisonment.

"Innocence is fundamental to the integrity of the compensation scheme," Allan said.

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For an applicant to qualify for compensation, the Government must be satisfied that they are innocent "on the balance of probabilities".

Hansen's role is to assess if Hall meets this threshold, and has established his innocence to the standard required by Cabinet.

Hall's lawyer Nick Chisnall and Crown Law have been advised of Hansen's appointment and will be assisting in his assessment of the claim.

Chisnall was approached by Open Justice but did not want to make a comment on the recent appointment.

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