MOKO: Finlayson response arrogant inadequate and wrong- McVicar
10th June 2016
The Attorney General Chris Finlayson has imperiously announced that he will explain "in words of one syllable" the
seemingly inexplicable decision to downgrade the murder charges originally laid against the killers of three year old
Moko Rangitoheriri - but only after the sentencing on 27 June. Both Finlayson and the Solicitor General - who approved
the deal - have hitherto said nothing in the face of widespread public outrage at the decision.
"It would seem that Finlayson has finally deigned to break his silence after an opinion piece by Judge Roy Wade was published on Tuesday. In that piece, Judge Wade said that the decision was seemingly inexplicable, and that the
public were owed an explanation. Judge Wade is clearly a man who doesn't need things explained to him in words of one
syllable, and his piece essentially says the same things we have been saying all along" said Sensible Sentencing Founder
Garth McVicar.
"This sneering insult from the Attorney General is the kind of waspish comment the public have come to expect from him.
Our legal advisors are also people who don't need things explained to them in words of one syllable, and all of them are
of the view that the decision to downgrade the charges is inexplicable. Their view did not change - rather it was
strengthened - after the sickening summary of facts was available" McVicar said.
"Finlayson also says he cannot say anything until after the sentencing on 27 June. We would like to know the legal basis
for that assertion. Our advisors tell us that there is no reason the Attorney General cannot reveal the reasons for the
charging decision now. Pleas to the manslaughter charges have been entered and accepted. The killers have been convicted
of manslaughter. All that remains is the sentencing. No High Court Judge could possibly be influenced in his or her
sentencing by an explanation of why the charges were downgraded in the first place" said McVicar.
"Finlayson also denies that what has happened is plea bargaining - a system he claims we don't have. He is being utterly
disingenuous when he makes that claim. For years defence lawyers and prosecutors have had discussions on what lesser
charges accused persons will be prepared to plead guilty to. If such an agreement is made, and a plea of guilty to a
lesser charge is accepted, that is a plea bargain"
"As Finlayson well knows, under changes to rules made three years ago, [Mr Finlayson was in charge of the review that
resulted in these changes]prosecutors may now also initiate such discussions, with the aim of avoiding trials. I don't care what he wants to call it - what we
have is a system of crown initiated plea bargaining, and that is what we are strongly opposed to" McVicar said.
"It seems Attorney General Finlayson likes to treat the public as mushrooms - keep them in the dark and feed them
bullshit. He is a disgrace to his office and destoring public faith in the Justice System." said McVicar ENDS
ends