Victims feel unsafe
Flaws in the justice system meant Cheryl Tovizi unexpectedly had to face her daughter’s killer in a pre-trial conference.
It was one of the first times she had seen Nikki Roper since he murdered Alexsis Maria Tovizi, and she was given only a few moments to prepare.
Victim advisers, employees of the system, had done their best to support her as Roper’s trial was to commence, she said. But the adviser had not been told – so Tovizi did not know – that Roper would be at the hearing.
Her daughter, a young mother, was training as a social worker when she was killed by Roper, her former boyfriend, in 2010. She lay for days in bed before her body was found.
‘‘You’re sort of faced with that perpetrator in a situation when you’re very, very vulnerable,’’ Tovizi said. ‘‘You need to be able to have timely information, presented in a method and a manner that is understandable and easily consumable.’’
That was just one of a multitude of things Tovizi thought needed to be fixed within New Zealand’s criminal justice system. She is not alone in her criticism.
A survey of more than 600 people, released yesterday, showed most felt victims were unsafe, their views and concerns were not listened to and they were not given enough information or support.
As a result of the survey, the Government’s chief victims adviser, Dr Kim McGregor, has called for a victim’s commissioner as part of the reform of the criminal justice system.
Research by Victim Support, published alongside the survey, produced similar results. Thirtytwo people took part in 90-minute interviews, and more than two thirds felt justice had not been served in their case.
One of those was Kevin*, who still did not have a clear understanding of the circumstances surrounding a family member’s death, two years after they were killed on the road by another motorist on an otherwise ‘‘typical, beautiful’’ Saturday morning.
‘‘Various organisations who are a part of this system aren’t talking to each other. There’s not a lot of communication flow,’’ Kevin said.
‘‘No-one chooses to be a victim . . . and you feel like you’re coming up against road blocks every twist and turn throughout the system.’’
Kevin said the justice system was an ‘‘unforgiving machine’’. There was little empathy, nor opportunity for victims and their families to be heard. That had potentially meant wasted time during the case that eventually led to a conviction for the surviving motorist.
‘‘I wanted the option of being involved on behalf of my family and I really had to create that opportunity for myself, rather
than being offered,’’ he said.
‘‘In our instance, if we were invited in, there would’ve been a lot of information that the prosecution would’ve learned up front, before learning it six months after the effect, which would’ve actually been useful in the prosecution itself.’’
When Roper went to trial, Tovizi had to listen to his defence counsel paint a picture of her daughter she knew to be untrue. They were trying to create doubt Roper was responsible by twisting Alexsis’ past, Tovizi said, while Roper’s history was deemed inadmissable.
Criminal defence lawyer Nigel Hampton QC said balance and objectivity needed to be retained in the criminal justice system.
It was ‘‘somewhat alarming’’ that such a Commissioner’s role could resemble that of the Health and Disability Commissioner, who was largely there to receive, investigate and decide on complaints by disaffected people within the health system, he said.
He questioned if a Victim’s Commissioner would do the same, and to what point. ‘‘Somehow re-litigate the matter, criticise the trial, its conduct, its result,’’ he said.
Hampton said some people would end up being affected adversely by any litigation, whether civil, family, or criminal.
Dr Petrina Hargrave, a researcher for Victim Support, said victims did not feel heard ‘‘because they currently have no place in the justice system’’.