Good morning Mr Francis,

Acknowledging receipt of your request for information under the Official Information Act 1982. You can expect a response to your request on or before 3 April 2018.

Kind regards,
Claire

Claire O'Connor
Advisor | Official Correspondence
Communications
Ministry of Justice | Tāhū o te Ture

-----Original Message-----
From: Ross Francis [mailto:[FOI #7377 email]]
Sent: Sunday, 4 March 2018 10:40 p.m.
To: correspondence, official <[Ministry of Justice request email]>
Subject: Official Information request - Briefing to the Justice Minister

Dear Ministry of Justice,

In December 2017, the Justice Ministry provided information to its Minister about establishing a Criminal Cases Review Commission. At paragraph 4 of that paper, entitled “Proposed Model for establishing a Criminal Cases Review Commission”, officials say: “The CCRC’s function would be to refer a conviction or sentence in a criminal case back to the appeals court where it considers a miscarriage of justice might have occurred.”

According to records held including information held in the minds of officials, would the proposed CCRC have the power, as the Justice Ministry does currently, to recommend that an applicant be pardoned?

At paragraph 72 of the above briefing paper, the Ministry says that the “composition of the membership of the CCRC will be critical in promoting confidence in its decision-making abilities and independence”.

Has the Ministry recommended to the Minister that specific criteria should apply in regards to who is appointed to the CCRC? If so, what is the recommended criteria? According to records held including information in the minds of officials, does the Ministry believe that a friend of the trial judge should be able to be appointed to investigate any application to the CCRC? (On the advice of Ministry officials, Sir Thomas Eichelbaum was appointed to chair the Ministerial Inquiry into the Peter Ellis case. Eichelbaum had nothing but praise for Justice Neil Williamson – the Ellis trial judge – when, in 1997, he delivered the Inaugural Neil Williamson Memorial Lecture. He said of his late friend and colleague: “He conducted many of the most difficult trials of his time, and he did so impeccably…Neil was much more than an outstanding Judge…[he was] an exceptional human being”.)

In November 2017, the Justice Ministry wrote a briefing paper entitled “Establishing a Criminal Cases Review Commission”. In footnote 4, the writer of the briefing paper claims that “[c]ontentious cases like David Bain, Peter Ellis and Rex Haig were referred back to the appeals court as would have occurred if a CCRC had been in force. The existence of a CCRC would not have led to a different outcome”.

Following Rex Haig’s second application for the Royal Prerogative of Mercy, did Colin Carruthers QC complain that Ministry officials "seem to have stepped into the shoes of the Court of Appeal and decided the essential question which is one for the Court of Appeal to decide, and not the Minister"? Please supply me with a copy of Colin Carruthers’ report into the Rex Haig case.

Please contact me if you have any queries regarding this request.

Yours faithfully,

Ross Francis

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Dear Mr Francis
 
The Ministry's responses to your requests for information follow your
questions below in italics.
 
Jeff Orr
Chief Legal Counsel
Ministry of Justice
 
 
-----Original Message-----
From: Ross Francis
[[1]mailto:[FOI #7377 email]]
Sent: Sunday, 4 March 2018 10:40 p.m.
To: correspondence, official <[2][Ministry of Justice request email]>
Subject: Official Information request - Briefing to the Justice Minister
 
Dear Ministry of Justice,
 
In December 2017, the Justice Ministry provided information to its
Minister about establishing a Criminal Cases Review Commission. At
paragraph 4 of that paper, entitled “Proposed Model for establishing a
Criminal Cases Review Commission”, officials say: “The CCRC’s function
would be to refer a conviction or sentence in a criminal case back to the
appeals court where it considers a miscarriage of justice might have
occurred.”
 
According to records held including information held in the minds of
officials, would the proposed CCRC have the power, as the Justice Ministry
does currently, to recommend that an applicant be pardoned?
 
Response: This issue is under policy development and no final decisions
have been made.  Preliminary advice was provided to the Minister at
paragraphs 61 and 62 of the briefing to the Minister of 11 December 2017
(which was disclosed to you) and was withheld on the grounds identified in
that briefing which likewise apply to your current request.
 
At paragraph 72 of the above briefing paper, the Ministry says that the
“composition of the membership of the CCRC will be critical in promoting
confidence in its decision-making abilities and independence”.
 
Has the Ministry recommended to the Minister that specific criteria should
apply in regards to who is appointed to the CCRC? If so, what is the
recommended criteria?
 
Response: This issue is under policy development and no final decisions
have been made.  Preliminary advice was provided to the Minister at
paragraphs 73 to 78 of the briefing of 11 December 2017 and was withheld
on the grounds identified in that briefing which likewise apply to your
current request.
 
According to records held including information in the minds of officials,
does the Ministry believe that a friend of the trial judge should be able
to be appointed to investigate any application to the CCRC?
 
Response: This is not a request for official information but a request for
an opinion.  Your request is refused under section 18(h) on the grounds
that it is frivolous or vexatious.
 
(On the advice of Ministry officials, Sir Thomas Eichelbaum was appointed
to chair the Ministerial Inquiry into the Peter Ellis case. Eichelbaum had
nothing but praise for Justice Neil Williamson – the Ellis trial judge –
when, in 1997, he delivered the Inaugural Neil Williamson Memorial
Lecture. He said of his late friend and colleague: “He conducted many of
the most difficult trials of his time, and he did so impeccably…Neil was
much more than an outstanding Judge…[he was]  an exceptional human
being”.)
 
In November 2017, the Justice Ministry wrote a briefing paper entitled
“Establishing a Criminal Cases Review Commission”. In footnote 4, the
writer of the briefing paper claims that “[c]ontentious cases like David
Bain, Peter Ellis and Rex Haig were referred back to the appeals court as
would have occurred if a CCRC had been in force. The existence of a CCRC
would not have led to a different outcome”.
 
Following Rex Haig’s second application for the Royal Prerogative of
Mercy, did Colin Carruthers QC complain that Ministry officials "seem to
have stepped into the shoes of the Court of Appeal and decided the
essential question which is one for the Court of Appeal to decide, and not
the Minister"?
 
Response: Yes, he expressed an opinion along those lines.
 
Please supply me with a copy of Colin Carruthers’ report into the Rex Haig
case.
 
Response: This document is withheld under section 9(2)(h) of the Official
Information Act 1982 to maintain legal privilege.    There are no
considerations which render it desirable, in the public interest, to make
that information available.  As you know, you have the right to complain
to the Ombudsman about the withheld material.
 
Please contact me if you have any queries regarding this request.
 
Yours faithfully,
 
Ross Francis
 
-------------------------------------------------------------------
 
This is an Official Information request made via the FYI website.
 
Please use this email address for all replies to this request:
[3][FOI #7377 email]
 
Is [4][Ministry of Justice request email] the wrong address for
Official Information requests to Ministry of Justice? If so, please
contact us using this form:
[5]https://fyi.org.nz/change_request/new?bo...
 
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://fyi.org.nz/help/officers
 
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
 
 
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Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

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