Judges are today considering an appeal related to the 2001 RSA killings by William Bell (pictured). Photo / Martin Sykes
The Solicitor General has opposed an appeal related to the RSA killings in the Supreme Court today.
David Collins was addressing the court after security was stepped up following a death threat made against one of its judges.
Susan Couch, who survived the 2001 Mt Wellington-Panmure RSA attack, wants to
sue the Corrections Department over its alleged mismanagement of triple murderer William Bell while he was on probation.
But Dr Collins said compensation payouts should only occur in cases where people consciously did wrong or were recklessly negligent.
Bell was on parole in 2001 when he carried out three killings at the Mt Wellington-Panmure RSA in Auckland, and left Ms Couch for dead.
In June last year the Supreme Court granted Ms Couch leave to sue the Corrections Department for damages on the grounds that she may be owed a duty of care.
Corrections has appealed the decision.
Bell was jailed for a minimum non-parole period of 33 years, later reduced to 30 years on appeal.
Dr Collins today argued for a "more rational" approach to exemplary damages, with awards given only in cases where people consciously did wrong or were recklessly negligent.
There was scope for some victims to "try it on" and seek exemplary damages to make up for shortfalls in the ACC system, he said.
Ms Couch is seeking $500,000 over alleged negligence by the probation service responsible for supervising Bell.
Using exemplary damages to not only punish a defendant but to benefit a plantiff is out of line with the ACC compensation scheme, Solictor General David Collins told the Supreme Court today.
People entering the court were subjected to body searches this morning, following reported death threats to judges.
Metal detectors were used to check everyone entering the courtroom.
Neither the Ministry of Justice nor police would confirm the death threats.
But the ministry told the Sensible Sentencing Trust, which is supporting Ms Couch, that it planned wholesale security measures in and outside the court today's sitting.
- NZPA
