A voice for victims
Nelson woman Wendy Hamer received strong support at the Nelson Market for the launch of her petition seeking to boost victims’ rights in cases where violent attackers are found insane.
Supporters have turned out to back a petition which aims to give more rights to victims of violent attacks by those declared insane.
A strong contingent of friends and family of victims were at the Nelson Saturday Market to sign the petition, launched by Wendy Hamer, a survivor of a brutal attack by mental health patient Blair Swain.
Found not guilty of attempted murder by reason of insanity, Swain punched, kicked, stabbed and scalded Hamer when she visited him in respite care in Nelson on New Year’s Eve in 2009.
In October, Hamer spoke out after Swain was transferred back to a Nelson psychiatric unit in her hometown without her consultation or knowledge.
A close friend and former colleague of Hamer, who wished to remain anonymous, said the way victims were treated in cases involving insanity was ‘‘a real injustice’’.
‘‘I was there right through the whole process, she’s hugely brave to come forward, it takes so much guts.
‘‘It’s had a huge impact not just on her and her family, but it’s an ongoing trauma and offence when justice isn’t served for people like Wendy.
‘‘They still need to respect the victims in these cases.
‘‘The thing is the offender has all the rights ... I just hope that the justice department hears the voices of victims and gives them the same rights.’’
In cases involving attacks by offenders who are declared insane, victims have no legal right to put forward a victim impact statement for consideration by a judge, or to have input into the decisions regarding the offender’s release, conditions, or location.
The mother of another victim, who has name suppression, said the effects of the attacks were farreaching.
‘‘So many people are affected by this offending, including family on both (the victim and offender’s) sides. I just hope more and more people will sign the petition.’’
Hamer said ‘‘it meant everything’’ to see people come out in support of the petition.
‘‘To hear the responses from everybody is so powerful ... I am just one of the very many and increasing number [of victims].’’
Nelson MP Nick Smith, who is presenting the petition to Parliament in March, said he was hoping to get 1000 signatures from Nelson and around the country.
Smith said he had already heard of similar cases involving victims in Auckland, Taupo, and Christchurch.
‘‘[These] victims really feel robbed by the justice system, where the [offender] has been found insane, they haven’t been able to make a victim impact statement, and they don’t have any rights about that person’s placement or treatment.’’