Speech: Evidence Bill / Dr Pita Sharples
te-pati-maori
Wed Jun 20 2007 12:00:00 GMT+1200 (New Zealand Standard Time)
Speech: Evidence Bill / Dr Pita Sharples
Wednesday, 20 June 2007, 1:16 pm
Press Release: The Maori Party
Dr Pita Sharples; Co-leader Maori Party
Tuesday 19 June 2007
Urgent Amending Legislation for Evidence Act 2006
The urgency of this legislation is perhaps under-scored by the greater context in which this Bill sits.
On one hand, the Bill is all about sorting out a technicality. We all appreciate that the Evidence Act 2006 is scheduled to come into force on 1 August 2007.
Given the very short lead in time until the Bill becomes a reality, it is therefore also appreciated that an urgent amendment is required in order to avoid serious implications for trials involving multiple accused charged with serious criminal offending.
We recall also that the Maori Party supported the passage of the Evidence Act 2006, in which this rule was meant to be included; and so our support today, is consistent with that original position.
However, it is the particular case of the multi-defendant methamphetamine trials which has certainly grabbed my attention to this matter before the House.
As we understand it, the problem relates to section 27(1) of the Act - from which the "co-conspirator's rule" has been unintentionally deleted.
And so why is that so important?
The Minister has clarified the context in that under that rule, statements by one defendant are, in defined circumstances, admissible as evidence against another defendant.
The most usual circumstance of this is in the drug trials where the intercepted statements of one may be used against others who are also involved in criminal enterprise or even gang offending.
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Madam Speaker, the House will know that these issues are very dear to my heart.
My involvement with campaigns targeting drug offending was given particular focus through the Patua te Ngangara, or 'Beat the Demon' drug education programme we initiated from Hoani Waititi marae in 2003.
It was a joint initiative where we invited the participation of the Police. We produced an education programme to take around and we initiated training for the Police to talk to their display. We gave them a script and then they went back to their regions and set these programmes up.
We used graphic images - including photos of brains with holes in them, caused when the street drug known as P burns out nerve receptors in the brain, and the personal testimonials of people affected by the drug - and we took the programme out to marae, the Royal NZ Police College in Porirua, we came here to Parliament to the Maori Affairs Select Committee; to Waiwhetu marae in Lower Hutt - indeed all over the motu.
But we didn't just present to marae - we went to schools, we went to community centres, town halls; we presented to the Mongrel Mob, to Hells Angels, to Black Power, and we talked with them all about the consequences of being involved in the conspiracy world that is associated with methamphetamine.
From Kaitaia in the North to Invercargill in the South.
So I come to this take, the technicality around the co-conspirators rule, with their voices in my head.
I remember whanau grieving about how 'P' methamphetamine broke up the family. Stories no one should hear about young girls prostituting themselves to feed their parent's habit.
The substance intrudes upon the normal patterns of every day life.
And I think of the tears shed by grandparents talked about their children being unable to focus on the tasks of parenting - feeding, changing, washing their babies - while under the influence of P methamphetamine.
And when I think of children, I know too of children as young as nine years old being sold 'P' in fruit flavoured tablets.
As MP for Tamaki Makaurau and as an active participant in the Hoani Waititi marae, Patua te Ngangara programme; it is particularly those children that drive me forward in our campaign to stamp out methamphetamine.
Almost half of Manukau's population - 42% - is under the age of 25. In a survey carried out by the Manukau City Council a few years back, they found that 39% of the youth respondents said that dealing with drugs and alcohol was a major issue for them.
Along with alcohol, violence and dishonesty, drugs topped the list of crime issues that they were most concerned about.
So when we came to this Evidence Amendment Bill, and contemplated the implications for major drug dealing, organised criminal enterprises, or serious violent offending, we believe this amendment to be crucial and critical.
I want to really commend the local councils that are working together with iwi, with police, with government agencies to remove the pushers, the cooks, the suppliers of this drug.
And I think today's action, in remedying the omission of the co-conspirator's rule, in including the common law exceptions to the general rule, is another vital step in making change.
As I understand it, the Justice and Electoral Select Committee always intended to maintain the rule, but section 27(1) of the Act clearly abolishes the rule - a rule which has always been part of the common law and which was intended to be retained in the Act.
So it would seem that the most logical remedy for this situation is to amend the Act under an urgent application before it comes into force on 1 August 2007.
And we are happy to do that.
We support any moves which will help our nation to rid itself of the damage caused by people manufacturing, distributing and selling Methamphetamine.
Indeed, we welcome today's urgent action as a response to a call that I laid in this House on 23 February 2006, that Parliament could lead a campaign to stamp out P.
We know there are some incredible efforts occurring in a community level.
* In Murupara, the townsfolk have vowed to clear the streets; to declare P Free Zones
* the iwi of Tauranga ran a high profile campaign, including advertising on local radio and Maori television - resulting in P related crime in the region dropping by 20%;
* communities came together and marched to Parliament last February, in the Fight Against P;
* there have been marches in towns all other this country;
* Many tribes have placed a rahui (ban) - in effect prohibiting the manufacture, supply or use of methamphetamine in the area.
A rahui is generally reserved for protection of ocean and land generations - as a method to conserve future generations. It seems entirely appropriate also to protect our future generations against P.
The introduction and first reading of the Evidence Bill today, therefore builds on the community efforts and consolidates the application of common law, of ensuring criminal trials will not be obstructed in following the course of justice.
Urgent enactment of the Evidence Amendment Bill will ensure that the common law exceptions relating to the admissibility of evidence will have major implications for criminal trials involving multiple accused - such as is commonly found in drug trials or trials involving gang related criminal activity.
The admissibility of evidence of co-conspirators and persons involved in joint criminal enterprises was based on the code drafted by the Law Commission.
Of course we would expect the same standards of rigour and integrity to apply in the examination of evidence as we would expect of any evidence admissible in a Court of Law.
All things considered, we are happy to support the urgent amending legislation for the Evidence Act 2006.
Finally, I am reminded of one of the slogans associated with the campaign speaking out against methamphetamine; namely "There is no P in community".
I am pleased that this Bill today moves another step forward to ensuring any criminal related activity associated with multi-defendant trials are able to be heard in a context of sound legal rules for the pursuit of justice for all.
ENDS
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