KEY POINTS:
The Auckland law firm that failed to pin a double murder charge on Chris Kahui has received more than $11 million from the public purse in the past year, but denies it's running a "monopoly cash cow" driven by profit.
In the wake of three not-guilty verdicts in
recent high-profile trials, the Government is coming under increasing pressure to scrap the current system and replace it with an open tender system or public prosecution service similar to that in Australia.
Critics of the present system say Crown solicitors such as Meredith Connell, which has held the lucrative contract for more than 40 years, should not have a "job for life".
Defence lawyers spoken to by the Herald on Sunday said the current system should be abolished, describing it as outdated and unfair. The multi-million-dollar business of prosecuting criminal cases should be put to open tender to give other law firms a chance at the contract. The other option was a group of criminal lawyers employed by the Government to serve as public prosecutors.
New Zealand is one of a few Western countries that employs private law firms to prosecute police cases.
Calls for a revamp come after the Crown lost prosecution cases against Kahui, accused of murdering his twin babies, George Gwaze, charged over the sexual violation and murder of his 10-year-old niece, and Murray Foreman, accused and acquitted of murdering farmer Jack Nicholas.
Despite the acquittals, the Solicitor-General says the advantage of the current system is that the Crown has access to "extraordinarily high calibre" lawyers as well as the infrastructure of a private law firm.
In the year to June 2007, $30m was dished out to law firms contracted to carry out prosecutions for the Crown Law Office.
Auckland lawyer Colin Amery is among those in the legal profession advocating a revamp, saying recent acquittals proved it was time to look at an independent prosecution service with deeper investigative functions than the police.
He said the current system was outdated and placed too much reliance on police to ensure a successful prosecution in sometimes complex cases.
High-profile lawyer Chris Comeskey said that, under the current system, law firms such as Meredith Connell were subject to the occasional performance review but basically had "a job for life".
"It's definitely a monopoly. My point is that unless you have some sort of competition, how do you know whether you are getting the best value for money?"
The creation of a public prosecution service would eliminate many problems which had arisen with cases where there was insufficient evidence to get a conviction.
"This body would be the one wielding the power, rather than the police. It would also be statutory, but have independence and objectivity."
Other lawyers such as Barry Hart agreed there was a need for a separate public prosecution office to provide more independence.
But Auckland's top Crown lawyer, Simon Moore, rejected those claims, saying there was overwhelming evidence to show the system worked. He also rubbished suggestions prosecution work was a "monopoly cash cow" benefiting a select few firms.
Between May 1 last year and April 31 this year, Meredith Connell was paid $11.5m by the Crown Law Office for handling 10,329 sentencing matters, pre-trial applications, bail hearings and adjournments.
On top of that it prosecuted 484 jury cases, including 18 murder trials. Of those it secured guilty verdicts in 15 cases. In the remaining three a defendant pleaded guilty, one case was hung and went to retrial and the other was aborted.
"That's a pretty sound record," said Moore, adding that while a lot of fuss had been made about the Kahui case it was the only not guilty verdict against the Crown in Auckland in more than a year. Moore stressed pros- ecution pay rates were regulated, with a senior prosecutor such as himself receiving $198 an hour, which included overheads - a far cry, he said, from what other leading lawyers in Auckland were paid.
"I challenge anyone to find a lawyer with literally decades of experience charging under $200 an hour. I could make a lot more money if I wanted to go out to the independent bar. I do this work because it is a rewarding and satisfying exercise."
He added his team was subject to a "very rigorous" appraisal process from the Solicitor-General.
Former New Zealand Law Society president Chris Darlow said Crown solicitors did "a fine job" and brought a measure of independence to the job you would not otherwise find in a public system. Crown Law Office spokeswoman Jan Fulstow confirmed the work of Crown solicitors was generally reviewed every five years but a review could take place at any time if there were "serious concerns".
THE COSTS
What the Crown paid to private law firms in year to June 30, 2007:
* Meredith Connell, Auckland: $11.851m
* Raymond, Donnelly and Co, Christchurch: $3.263m
* Luke Cunningham and Clere, Wellington: $2.773m
* Almao Douch, Hamilton: $2.316m
* Ronayne Hollister-Jones Lellman, Tauranga: $1.844m
* Marsden Woods Inskip and Smith, Whangarei: $1.649m
* Elvidges and Partners, Gisborne/Napier: $1.387m
* Gordon Pilditch, Rotorua: $1.091m
* Ben Vanderkolk and Associates, Palmerston North: $1.045m
* Pitt and Moore, Tasman: $726,000
* Auld Brewer Mazengarb and McEwen, New Plymouth: $702,000
* Wilkinson Adams, Dunedin: $617,000
* Cameron Ross Law Partners, Wanganui: $585,000
* Preston Russell, Invercargill: $520,000
* Gresson Dorman and Co, Timaru: $442,000
