Offender’s success spurs victim claims
them. The tribunal is able to award more to the victims than was being held for the prisoner.
Reekie said the process was wrong and a High Court judge has agreed he was never properly served with the victims’ claims. Justice Simon Moore said it was a fundamental procedural failing.
Reekie said both claims should be struck out, or the amounts reduced. He offered $5000 to each victim. Only one of the victims was prepared to accept the offer.
The judge declined to impose the reduced awards. Instead the tribunal has been told to rehear the case. But claimants needed to jump several legal hurdles, according to the judge.
In setting any award the tribunal should consider factors including the criminal punishment already imposed on Reekie and his lack of means.
At Monday’s hearing, Reekie indicated he did not think the service failure could be cured, which raised the possibility that he might appeal the judge’s decision.
But the main issue for the most recent hearing was whether a $4000 settlement of another claim was compensation which victims could claim, or whether it was ‘‘costs’’ which could be ringfenced from victims.
Justice David Collins said he was willing to give his decision on whether the $4000 was compensation or costs but other issues that overlapped with Justice Moore’s decision should wait.