Judge to hold key to protected info on miscarriages of justice

An independent body to review miscarriages of justice might be able to consider privileged or confidential information such as lawyer-client communications — as long as a judge gives the green light.

The ability of the Criminal Cases Review Commission to consider such information is considered vital as it could be the difference between leaving a potentially innocent prisoner behind bars or referring a case for appeal.

A bill to establish the commission originally said that protected information could be withheld, but the justice select committee report on the bill now recommends that a District Court judge could overrule that.

Such information could include communications between a lawyer and client, between a person and a religious minister, self-incriminatory information, or information that could reveal a journalist’s source.

The commission is part of the Labour-NZ First coalition agreement and the Government wants it to be in place by July next year.

The committee endorsed the recommended changes to the bill but was evenly split on whether the bill should progress.

National MPs made up half of the committee and said a commission was unnecessary.

But the bill is still likely to pass with the support of Labour, NZ First and the Greens.

Justice Minister Andrew Little has previously said there was almost certainly innocent people in jail, and the commission is seen as easing the burden for those seeking to overturn unjust convictions or sentences.

Little has said that overturning wrongful convictions should not have to rely on people like Tim McKinnel, who championed Teina Pora’s case for eight years.

Pora was eventually compensated $3.5 million after spending 20 years in prison for a crime he did not commit.

The commission would not be able to review innocence or guilt, but would review suspected miscarriages of justice and could send cases to the appeal courts.

It would comprise between three and seven members and would be independent of other government agencies and the Government.