Put prisoners' victims first, say Nats

A Court of Appeal ruling upholding compensation for some of New Zealand's most dangerous prisoners should not deter Parliament from ensuring that the money gets to the victims of crime, National's law and order spokesman Simon Power said today.

Yesterday, the Court of Appeal upheld and increased an order to pay $130,000 to five inmates held illegally in solitary confinement.

The decision increases the chances of success of claims by the other 200 inmates held under the regime, unless the Crown wins any appeal to the Supreme Court.

The 200 have been awaiting the court's decision on a Crown appeal against the High Court's award last year of compensation to murderer Christopher Taunoa and four other inmates who were held illegally under the "behaviour management regime" for difficult prisoners at Auckland Prison, Paremoremo.

Taunoa, who killed Sanson publican Hugh Lynch in 1996, is serving a life sentence for murder.

Whether Taunoa or any other claimant will actually get cash in the hand is complicated by the Prisoners and Victims Claims Act, passed by Parliament in June to let victims have first claim on any compensation awarded to prisoners.

The law is retrospective and was passed because of the Taunoa case, though it expires in 2007.

The claimants's lawyer Tony Ellis said the law change showed a callous disregard for prisoners' human rights and would be challenged.

Mr Power said he not yet had time to fully consider the case but Parliament had been clear that the prisoners's victims should get first call on any compensation order.

"Any successful claim by a prisoner for compensation needs to have as its first priority funds directed to the victim of that crime," Mr Power said.

"Any uncertainty that is caused to the Act passed earlier this year by the (Court of Appeal) decision needs to be clarified by the Government and the Parliament as soon as possible."

Taunoa, his fellow inmates and many more were kept in solitary confinement at Paremoremo for extended periods under a regime that denied them regular clothing and bedding changes and made them clean their cell floors, toilets and washbasins with one shared bucket of water and cloth.

The court upheld the payments, declaring the regime breached prison regulations and the Bill of Rights Act. It awarded Taunoa another $10,000 on top of the $55,000 he was granted by the High Court.

Attorney-General David Parker is overseas. His office has indicated there would be no response before next week.

Mr Ellis has already lodged claims for 42 more former inmates and is planning a class action for about 160 more.

Based on the formula used in the Taunoa case, collectively they could be entitled to $4.5 million.

In September last year, following a High Court case, Justice Ronald Young awarded $55,000 to Taunoa, $40,000 to aggravated robber Alistair Robinson, $25,000 to Lesley Tofts, $8000 to Matthew Kidman and $2000 to Steven Gunbie. He also awarded $358,000 in legal costs.

Five Court of Appeal judges upheld Justice Young's decision and increased Taunoa's payment to $65,000 on the grounds the amount was earlier miscalculated.

The main judgment was written by Justice Mark O'Regan, sitting with Court of Appeal president Noel Anderson and justices Susan Glazebrook, William Young and Grant Hammond.

In a dissenting verdict, Justice Hammond said the treatment of Tofts was so bad he should have been awarded $40,000.

- NZPA