Coroner highlights bail laws
A coroner has recommended greater scrutiny of bail applications from serious offenders, after the killing of Auckland teen Christie Marceau.
Coroner Katharine Greig released her findings into Marceau’s death yesterday, following an inquest last year.
Akshay Chand stabbed 18-yearold Christie to death in 2011 at her North Shore home while on bail for a previous attack on her. His bail address was a short walk from Christie’s home.
Chand, also 18, was found not guilty of her murder by reason of insanity after being diagnosed with paranoid schizophrenia.
He was placed in the care of Waitemata DHB’s Mason Clinic as a special patient.
In her findings, Greig said Christie’s death had ‘‘shocked the nation’’.
‘‘The tragedy and futility of Christie’s death, together with questions as to how Mr Chand came to be in a position where he could kill Christie, have continued to resonate and are a matter of strong public interest.’’
She noted that because Marceau died while Chand was on bail, there was ‘‘some public expectation that the coronial inquiry would consider whether the judge exercised his judicial discretion to grant bail correctly’’.
The inquest had no power to do so, because the grant of bail was a judicial decision that could only be properly reviewed by way of appeal, which did not happen in this case, the coroner said.
However, she recommended in her findings that the chief executives of the Ministry of Justice and Corrections, and the Police Commissioner, consult with key stakeholders about bail applications involving serious offences and a 24-hour curfew.
This was to ensure evidence was provided to the court in a suitable format for all such applications, including details of the proposed address, and whether or not the proposed bail address was acceptable to the prosecuting authority.
Changes to legislation should be considered as part of the consultation, the coroner said.
Another issue examined in the findings was Chand’s psychotic state around the time he killed Marceau, which eluded clinicians despite a dozen mental health checks.
The coroner was satisfied that on the 12 occasions he was seen by a health professional in the lead-up to Marceau’s death, Chand was appropriately assessed for psychosis. However, Chand never admitted to psychotic symptoms, and no evidence of the disorder was found by any of the mental health staff.
‘‘Mr Chand is an intelligent, complicated, and difficult person who did not give any of the various health professionals who assessed him concern that he had a psychotic illness,’’ the coroner said. ‘‘It is clear only with hindsight that Mr Chand was so terribly dangerous to Christie because of his psychiatric condition.’’
Victim advocate Ruth Money said Marceau’s parents, Tracey and Brian Marceau, had read the report and welcomed the recommendations.
After Marceau’s death, her family had campaigned for bail law reforms. ‘‘The coroner has been very thorough, which is all we could have asked for,’’ Money said.