KEY POINTS:
Negotiations were continuing tonight over an impasse about night-hours accommodation for murder accused Tracy Jean Goodman during her month-long trial for the killing of Marton pensioner Mona Morriss.
The judge presiding over the trial and lawyers for both sides agree that keeping Goodman in a police cell in
Wanganui with the light on all the time is not good enough.
But the Corrections Department says the current arrangements are okay.
The trial began on Monday, but was adjourned today after strong statements in the High Court at Wanganui over the lack of arrangements for the prisoner's housing.
Goodman, 42, is charged with murdering Mrs Morriss on January 3, 2005, and of burgling her flat on the same day.
The trial, before Justice Mark Cooper, is expected to take about four weeks.
However, it emerged yesterday that no provision had been made to satisfactorily house Goodman, currently an inmate at Wellington women's prison Arohata, for the duration of the trial.
The nearest prison, Kaitoke, is a men-only prison.
She has been sleeping at the Wanganui Police Station, in a room designed only as a temporary holding cell.
Adding to her discomfort, she is classified as an "at risk" prisoner, so the light in the cell is left on 24 hours a day.
While there is room for her at Palmerston North Police Station, which has a more comfortable cell, the Department of Corrections refused to transport her there, and the police did not have the resources to do so, Justice Cooper was told yesterday.
Today, he said prisoners were entitled to arrive at court adequately rested so they could follow court proceedings.
He said the situation was wholly inappropriate, threatened the accused's right to a fair trial, and did not meet the standards of a civilised society.
He adjourned the trial until tomorrow morning and said he expected to see progress on the issue before the trial was resumed.
"One of the characteristics of our civil society is that persons who are accused of crimes are guaranteed a fair trial," he said.
"It is one of the characteristics that we like to think distinguish us from some other countries."
Crown prosecutor Andrew Cameron said the Crown and defence counsel agreed the situation was entirely unacceptable.
"The Department of Corrections must make available accommodation of a standard that reflects the fact that New Zealand is a country that can and does operate a justice system in a thoroughly civilised and appropriate manner.
"The makeshift arrangements of this woman's situation do not in my opinion reflect this."
The Department of Corrections didn't comment until mid-afternoon when operations spokeswoman Karen Urwin said it was standard for prisoners appearing in court to be held in police cells when Corrections did not have suitable accommodation.
The department was satisfied with Goodman's accommodation, she said.
"The appropriate facility for this prisoner ... during her trial is Arohata Prison, a designated female prison in Wellington, which is in fact where the prisoner was originally held," the statement said.
"To continue to hold the prisoner at Arohata for the duration of her trial would have required a seven hour round trip to Wanganui and back on a daily basis.
"It should be noted that an application was made to hold the trial in Wellington. That request was subsequently declined by the Court.
"It is important to note that the management of prisoners in police cells is a police responsibility.
"The decision to keep the cell light on was made by the police, not the department."
Police and defence counsel confirmed this afternoon progress was being made on the impasse, but declined to go into details.
A proposal is expected to be put to Justice Cooper tomorrow morning at 10am, when it is hoped the trial will resume.
- NZPA
