The Post

Pora going to court over compo

- JO MOIR AND KATIE KENNY

"Adjusting for inflation would make a substantia­l difference." Tim McKinnel, private investigat­or

Teina Pora will go to court over the Government’s decision not to inflation-adjust his compensati­on package.

Pora was awarded more than $2.5 million in compensati­on by the Government in June after spending 21 years in prison for the 1992 murder of Susan Burdett – a crime he did not commit.

Private investigat­or Tim McKinnel, who led Pora’s innocence bid, said one of the options left open when the compensati­on was accepted was ‘‘whether or not he could have the decision not to apply inflation reviewed by the courts’’.

‘‘His instructio­ns very recently are that he wants to take that step,’’ McKinnel said.

‘‘We hoped that once his evidence was unequivoca­lly establishe­d that he would be afforded every reasonable considerat­ion. That hasn’t happened.’’

‘‘Teina is used to disappoint­ment ... he doesn’t complain a great deal and he knows the money he was given was a lot of money and he’s not bitter about it,’’ McKinnel said.

Pora’s legal team is in the process of preparing the papers necessary for the High Court for a judicial review.

Meanwhile, Prime Minister John Key says any new Government policy to allow inflationa­djusted compensati­on for those wrongly convicted would be made separate from Pora’s case.

This comes on the back of Cabinet papers showing Justice Minister Amy Adams rejected advice that Pora’s compensati­on package be adjusted for inflation.

Justice Rodney Hansen, who provided advice on an appropriat­e amount of compensati­on for Pora, recommende­d Cabinet take into account inflation over the 20 years he was incarcerat­ed, which would have increased the figure.

But the prime minister says it was the collective responsibi­lity of Cabinet that made the decision not to inflation-proof Pora’s payout and Adams ‘‘rationale’’ wasn’t specific to Pora’s case.

‘‘Cabinet’s view is if we’re going to change to inflation-proofing then we think we should do that for any person who gets compensati­on, so it’s something we’d rather consider as a stand-alone policy rather than as a result of a particular compensati­on payment we’re making,’’ Key said.

Documents released under the Official Informatio­n Act show Adams rejected advice that the sum be adjusted for inflation.

But McKinnel says a ‘‘rationale approach’’ would have been to follow Hansen’s recommenda­tion.

‘‘Instead they’ve taken selectivel­y their advice and now they’re arguing that they couldn’t have rewarded an inflationa­djusted amount because of the guidelines and I don’t accept that.’’

‘‘Adjusting for inflation would make a substantia­l difference.’’

Adams said inflation indexing wasn’t provided for when guidelines were put in place in 2000.

She also said the current compensati­on rate was ‘‘relatively generous’’ compared to other jurisdicti­ons.

McKinnel says Pora should have received compensati­on closer to $8 million, which he is entitled to as the ‘‘victim of probably the most severe miscarriag­e of justice New Zealand has seen’’.

 ??  ?? Teina Pora was awarded $2.5m in compensati­on in June.
Teina Pora was awarded $2.5m in compensati­on in June.

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