Mikus' Judge Does Great Job With Poor Law

Friday 1 Nov 2002 Stephen Franks Press Releases -- Crime & Justice -- Zero Tolerance for Crime

Justice Gendall's judgment today sentencing Jules Pierre Nicolas Mikus to life imprisonment, preventive detention and two terms of fourteen years is refreshingly old-fashioned, ACT Justice Spokesman Stephen Franks said today.

"Justice Gendall has denounced the evil man in the strongest terms available to him. He has carefully navigated two sets of mine fields. The first is leaving room for grounds to appeal. By recording a denial that he was trying to avenge Teresa's suffering, no matter how justified, he took away the argument that the sentence was retributive.

"The second mine field is the risk recorded by the Judge that "Parliament has entrusted [the task of deciding how long criminals will actually serve in jail] not to the Courts but to the parole board".

"Justice Gendall emphasised at every opportunity the risks of Mikus' further offending to limit the room for a parole board second-guessing his decision. Mikus has a right to seek parole after seven years, and at least every two years after that. The parole board would have to grant it if he could satisfy them that he was no longer a danger to the community, no matter how outrageous that would be to everyone - the board included. For example, under Labour's new parole law if Hitler was in prison and feigned great remorse and couldn't do it again because he had become incapacitated, the parole board would have to let him out.

"Let's just hope that a parole board in seven years time shares Justice Gendall's conclusion that no-one should ever release Mikus," Mr Franks said.

For more information visit ACT online at http://www.act.org.nz or contact the ACT Parliamentary Office at act@parliament.govt.nz.

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