Concern over vulnerable prisoners
A lawyer worried about his vulnerable intellectually disabled client in prison is having to make a bail application to try to get him out.
Civil liberties lawyer Michael Bott’s client is in custody in Rimutaka prison for non-violent crimes.
Bott said he needed a high level of engagement since he can barely read and he needed to be able to see his client’s body language, which was hard to do over video link.
The man was due to have a disability hearing in court which included evidence given by doctors, but it would have to be put off during the nationwide lockdown, Bott said.
The hearing was to determine if he was fit to give instructions to his lawyer, which would be nearly impossible to achieve.
‘‘And even if he is, I can’t take instructions from him like this,’’ Bott said.
‘‘He can’t participate in his case where his liberty is at real risk.’’
Instead Bott intends to make an electronic bail application in Porirua District Court.
Prisons are not allowed to have visitors during the lockdown period, which Bott said he understands. He does not want to expose himself to any risk either.
But his client had special needs that could not be easily addressed as the system worked at the moment.
He said he was also worried about prisoners having very restricted access to their families during the crisis.
Many prisoners relied on visits from family to keep up ties to the community. Prisoners are being given a $5 phone card every week until visits are allowed again.
‘‘There must be a way some of them could use Zoom or something like Skype to be in contact,’’ he said. ‘‘There must be some flexibility.’’ Reports for clients were also being delayed by the lockdown. Another lawyer Stuff spoke to said reports for suitability for electronic monitoring were held up by pressures on Corrections staff.
Court ordered reports into psychiatric and psychological issues were having to be conducted by phone since face-to-face interviews were no longer possible.
Chief Ombudsman Peter Boshier said all New Zealanders had the right to be treated fairly during the Covid-19 emergency, including those under lock and key.
‘‘My role as an independent watchdog will continue during the lockdown period and beyond,’’ he said. ‘‘I will be making sure people are still being treated humanely and New Zealand’s international obligations are being met throughout this crisis.’’
The Chief Ombudsman is responsible for examining and monitoring the treatment and conditions of people detained in prisons and court facilities, immigration detention centres, secure health and disability facilities, and child protection and youth justice residences.
‘‘People can be held in detention for a variety of reasons. They may be very unwell, have broken a law, or it may be a way to keep themselves or others safe.’’
Chief District Court judge Heemi Taumaunu earlier in the week ordered that defendants in custody must appear by audio-visual link for scheduled appearances.