Editorial: To convict or not to convict?

Korotangi Paki

I'm all for a justice system which aims to turn offenders into productive members of society, rather than focusing solely on punishment.

Far better they come to see the error of their ways and the impact on victims, rather than continually undergoing the retributive punishment side of the justice system, reoffending after reoffending, as some do.

But the case of Korotangi Paki has raised eyebrows and serious questions.

Paki is the son of the Maori King Tuheitea Paki.

On Thursday he was discharged without conviction after earlier admitting burglary, theft and drink driving.

Three days earlier, in a different court, his friends were all discharged without conviction on related burglary and theft charges.

You might think it would make sense that if they got off, he would too.

In fact, Rotorua lawyer and Mana Party president Annette Sykes said yesterday the result was appropriate, and that it would be wrong for three men to be discharged without conviction and a young man to be ostracised because he was the King's son.

Maybe so, but Paki's lawyer's argument that the consequences of a conviction would outweigh the seriousness of the crime because it would render him ineligible for the role of king is disturbing.

In sentencing Paki, Judge Philippa Cunningham said she was "driven to the conclusion" Paki would lose out on being a successor if convicted.

"There [are] only two sons and in my view it's important that the king at the appropriate time has the widest possible choice of a successor and it's important for Mr Paki, as one of those two sons, to have the potential to be a successor in time."

It's not unusual for a judge to take into account an offender's future and career prospects when sentencing, but is Paki's situation enough to warrant a discharge without conviction?

Surely if his role as a potential heir to the position of Maori King is so important to him he shouldn't have driven drunk and committed burglary and theft.

Troublemakers of all political stripes will try to make this a race issue. It's not, and it's destructively mischievous to suggest it is.

It's about power, status, justice and the spectre of preferential treatment.

Ask the victims of burglary and theft if it's a race issue. Ask those who've lost loved ones to the actions of drunk drivers.

Former Labour MP Dover Samuels said yesterday that if a Maori person in Te Tai Tokerau had committed the offences they would have gone to jail.

If so, surely those offenders have potential too?

The police prosecutor arguing against a discharge without conviction for Paki said it would send the wrong message to society "that because of your status you can get a favourable attitude from the justice system".

We're lucky to have the justice system we have. There will always be decisions we agree with and those we disagree with.

Some may have more far-reaching effects than others.