Judge ‘not interested’ in police bail worries

Akshay Chand is a patient at the Mason Clinic where he is being treated for his schizophrenia.

The judge who bailed Christie Marceau’s future killer ‘‘was not interested’’ in police concerns he would be living within sight of the teenager’s home, according to a police prosecutor.

The evidence was heard yesterday during an inquest into the death of the Auckland teenager who was killed in her home in 2011.

Months before Akshay Chand killed Marceau, he kidnapped her and threatened her with a knife.

He was later bailed, and killed Marceau 33 days after being released.

Sergeant Rhona Stace was the police prosecutor in charge of Chand’s file when he appeared in the North Shore District Court on October 5, 2011.

Stace told the court yesterday that Judge David Mcnaughton seemed disinterested in police concerns around Chand’s bail.

She also said she was ‘‘not given any opportunity’’ to outline the police position on bail.

Stace told the court she had attempted to give new evidence to the judge prior to the hearing, which included the transcript of Chand’s police interview and a map showing how close Chand and Marceau lived.

‘‘I understood that both of these points had already been outlined to the court but this additional material was provided to me should either point need to be addressed further in court,’’ Stace said.

However, the evidence was never heard.

‘‘I was advised that if the material was to be relied upon, I should hand it to His Honour once the matter was called in court,’’ she said.

‘‘When the matter was subsequently called later in the day, it became immediately apparent from the content and tone of His Honour’s remarks that His Honour had moved beyond the issues that had been raised by way of police opposition of bail.’’

Stace told the court she believed Judge Mcnaughton was more focused on the conditions of Chand’s bail.

‘‘His Honour was now focused on Mr Chand’s treatment and the ability of mental health services to manage him at home on strict bail conditions,’’ she said.

‘‘I was not given any opportunity to outline the police position on bail, although I knew the court was well aware of police opposition to bail, and the reasons for that opposition.’’

The forensic health nurse who was in court at the time advised Judge Mcnaughton Chand had been taking anti-depressant medication for two weeks and could be ‘‘safely and successfully’’ treated in the community, she said.

Mcnaughton bailed Chand with strict conditions and a 24-hour curfew.

Chand had previously been denied bail by Judge Barbara Morris twice, and by Judge Mcnaughton once.

Under cross examination, Stace was repeatedly asked why she did not make it more clear to Judge Mcnaughton how close Chand and Marceau lived.

‘‘It had been made abundantly clear ... There was no reason to doubt the court was aware of those issues,’’ she said.

When pressed on why she did not interrupt the judge and stress the dangers of bailing Chand so close to Marceau, Stace said she was not given the opportunity

‘‘Quite frankly it would be totally inappropriate as it would be to suggest the judge is incompetent,’’ she said.

Coroner Katherine Greig made clear at the outset of the inquest the purpose was not to criticise Judge Mcnaught, but to look at what information the court had at the time Chand was bailed.

A minute by Greig issued before the inquest begun stated why:

‘‘This inquest does not have jurisdiction to inquire into or review the decisions of District Court judges who granted Mr Chand bail, and does not intend to do so.’’

‘‘It also is not appropriate for this inquest to encroach on judicial independence in respect to court processess, although subject to evidence heard at the inquest, they may be the subject of recommendations.’’

Judge Mcnaught will not be called to give evidence based based on this decision.