3 Nov 2020

Redress process 'wholly inadequate', Solicitor General told

10:30 pm on 3 November 2020

The words of an abuse survivor harshly criticising the way she and others have been treated by Crown Law, as they battled in court to get redress, has been played back to the Solicitor General.

Acting Director of GCSB

Photo: RNZ / Alexander Robertson

The head of Crown Law, Una Jagose, was in the witness box for the second day on Tuesday at the Abuse in Care inquiry underway in Auckland.

In October at the beginning of the redress phase of the Royal Commission, Leonie McInroe made her feelings clear.

''The Crown has had every opportunity to make right the unlawful and cruel treatment, and torture suffered by the children of Lake Alice.''

She said the Crown should protect and defend all children of Aotearoa who are entitled to dignity, compassion and justice.

McInroe fought for nine years seeking redress.

''I was instead faced with relentless, calculated, intentional abuse of power. For me it has been wholly inadequate, degrading, dehumanising and completely deficient of justice.''

McInroe's claim was first filed in 1994 and finally settled in 2003.

Jagose acknowledged the delay.

''I hear the impact that process has had on her and I acknowledge her today and I hear the revisiting of the pain in it. Crown Law accepted that there were avoidable delays. It has recognised those avoidable delays and I don't know I can say much more than except that this is a case where there were delays that should not have happened.''

Counsel assisting the commission, Simon Mount QC, put it to Jagose that Crown lawyers had missed in the initial assessment of the McInroe claim, a strong moral case to settle.

''That was a failure or opportunity missed to do something different with it, yes.''

Jagose agreed that a two paragraph letter of apology sent to McInroe was woefully inadequate.

She said people should be confident that Crown Law listens to criticism and reviews its own conduct around historical abuse claims.

''The Crown's evidence in this inquiry is showing us we don't always agree with the criticisms that are levelled at different parts of the process. So difficult to review in that context, but this inquiry is the system saying we want what has happened in the past to be examined, so that we learn not just how to deal with redress, but how to stop damaging kids in care.''

Jagose said there was no way for people dissatisfied with the litigation process to take their grievances to Crown Law.

''The place to say that to is the elected government. They are the ones able to change both how things are dealt with, and, or promote changes to policy or law."

Jagose said Crown Law had been entirely open with the inquiry and she was appearing willingly.

She said Crown Law will learn from the Abuse in Care inquiry.

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