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Home / New Zealand

Refusal of compo for jailing no big shock, says Haig

By Jarrod Booker
NZ Herald·
19 Feb, 2009 03:00 PM3 mins to read

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Rex Haig was wrongly convicted of murder. Photo / Simon Baker

Rex Haig was wrongly convicted of murder. Photo / Simon Baker

KEY POINTS:

A man who served 10 years in prison for murder before his conviction was quashed says he has no faith he will get justice in New Zealand after being refused compensation.

Rex Haig's bid to be compensated for the time he spent behind bars was yesterday rejected in
a report to the Government which found that, despite his conviction being set aside by the Court of Appeal, it remained likely that he was involved in the killing of fishing boat crewman Mark Roderique.

"We have had high-powered reports go against us before," Mr Haig told the Herald. "I'm used to them going against me, so it's no big shock."

The report also adds weight to calls for a prosecution against police witness David Hogan, after it found he was probably also involved in the 1994 killing of Mr Roderique.

Mr Haig was found guilty of killing Mr Roderique and throwing him overboard from his fishing boat, the Antares, at Jacksons Bay, on the South Island's West Coast.

In August 2006, nearly two years after Mr Haig was released on parole, the Court of Appeal quashed the murder conviction and found there was an "evidential basis" to suggest Mr Hogan, Mr Haig's nephew and a crewman on the Antares, might have been the killer.

Mr Hogan, who was given immunity by police to testify against Mr Haig, denies he was responsible.

In his report to the Government, a former High Court judge, Robert Fisher, QC, found it was likely that Mr Haig and Mr Hogan had both played roles in the killing of Mr Roderique.

"I am satisfied that Mr Haig has failed to show that on the balance of probabilities he is innocent of the crime with which he was charged," Dr Fisher said in his report. If anything the inquiry suggests the reverse."

But Dr Fisher also found Mr Hogan had the "opportunity and motive to kill Roderique".

Justice Minister Simon Power said he accepted the report, and would not pursue any "ex-gratia" payment for Mr Haig.

Mr Haig's lawyer, Jonathan Eaton, said it was difficult for his client to prove he was not involved in the crime when there was no forensic evidence.

Mr Eaton believes legal authorities must now be obliged to take action against Mr Hogan, after damning comments by both the Court of Appeal and Dr Fisher on the Roderique killing, as well as evidence Mr Hogan killed a witness of Mr Haig's, Anton Sherlock.

"As things stand at the moment ... we have a man who has been given immunity by the state and who has literally got away with murder. You would have thought that ought to be of serious concern to the investigating authorities."

A spokeswoman for the Solicitor-General said Mr Hogan's immunity stood and any further investigation would be a matter for the police.

Mr Haig believes that only an overseas authority, disconnected from New Zealand's legal system, will clear his name.

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