Parents tell of system faults before daughter killed
Akshay Chand was found not guilty of murder by reason of insanity.
The mother of slain Auckland teenager Christie Marceau was ‘‘terrified’’ after learning her daughter’s soon-to-be killer had been bailed, a court has heard.
An inquest is probing the death of Marceau, 18, who was fatally stabbed at her family home on the North Shore in 2011 by Akshay Chand.
Months before Chand killed Marceau, he had kidnapped her and threatened her with a knife. He was arrested but district court Judge David Mcnaughton agreed to bail him to an address a near Marceau’s home.
Both parents gave emotional evidence yesterday, detailing the miscommunication between police and court staff which led to Chand being bailed.
Tracey Marceau explained that prior to Chand being granted bail, court adviser Andrea Swaeger called her and said Chand would likely get out.
During the conversation, Swaeger revealed Chand had written a letter to the court two weeks before the coming bail hearing, and said Christie could too.
Chand would later reveal in a police interview that he lied in his letter in order to gain bail.
‘‘I was shocked that the officials were aware of his letter, yet we were only advised a couple of days before the hearing that Christie could write a letter,’’ Marceau said. ‘‘We were given no guidance on what she should write. It felt like Christie’s input was a minor consideration and certainly an afterthought.’’
Following Chand being granted bail, Marceau asked police if the bail decision could be appealed, but was told it could not.
Marceau said she was devastated when she learnt from Swaeger that Chand had been bailed without electronic monitoring.
‘‘I was horrified when I questioned this with both Andrea and Detective [Aaron] Iremonger and was told that it was actually not a condition of bail,’’ she said.
‘‘This was the first time I had been told this. I pleaded with both Andrea and Aaron as I was terrified for Christie.’’
Brian Marceau gave evidence that Iremonger reassured him they were monitoring Chand effectively.
‘‘He assured Tracey and me that police patrols were making frequent visits to Chand’s bail addresses to ensure the restrictions were being complied with,’’ he said.
‘‘I admit that I believed this statement and the actions of the police were a deterrent. This obviously was not the case.
‘‘I regret not being more critical and questioning how they could be so sure that the police were providing a secure cordon.’’
The judge who bailed Chand may not have been aware a fellow judge had concerns about what would happen if he was let out.
Judge Barbara Morris outlined her concerns if Chand was bailed back to his address during his second appearance before her in September 2011.
Chan was in custody after his initial kidnapping attempt.
‘‘I am concerned, too, notwithstanding the support of his family which is welcomed and comforting, that it is only a short distance away from the complainant’s address,’’ Judge Morris notes at the time read.
‘‘It may be with a declinature of bail that steps could be put in place for as rapid as possible electronic bail assessment to an address which would need to be well away from the complainant.’’
Judge Morris’ decision was placed on the court file, sent to mental health services, police and the prison where Chand was in custody.
Court manager Carl Lewens, giving evidence yesterday, said it was not clear if Judge Mcnaughton had access to this decision when Chand later appeared before him.
‘‘I cannot state with certainty whether Judge Morris’ transcribed decision of September 9, 2011, was on the court file prior to the bail decision that was made by Judge Mcnaughton on October 5, 2011,’’ Lewens said.
He also noted that despite Judge Morris directing electronically monitored bail be looked into, no application was made.
Judge Mcnaughton initially denied Chand bail on September 23, but he was later granted bail by him in October.
Judge Mcnaughton allowed Chand back to his home address, 300 metres from the Marceau home, without electronically monitored bail.
Detective Sergeant James Watson, who headed the investigation into her death, earlier gave evidence about a police interview with Chand following the killing.
After the first knife attack Chand was remanded in custody but released on bail after writing Judge Mcnaughton a letter of remorse, Watson said.
Chand told police he planned the killing while he was awaiting trial for the kidnap, and lied to the courts in order to get out on bail to complete his plan.
On the morning of November 7, 2011, Chand took a knife and a hammer, and after gaining entry to her home, chased Marceau, who was unable to escape.
Chand was later found not guilty of Marceau’s murder by reason of insanity, and is a patient at the Mason Clinic where he is being treated for his schizophrenia.
Marceau’s parents, Tracey and Brian, later campaigned for stricter bail laws and are understood to have moved overseas.