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Lawyers defend Turangi judge's remark

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Mon, 16 Jan 2012 7:19a.m.

Scene of the alleged crime

Scene of the alleged crime

Lawyers are defending a judge's comment that the Turangi teenager who allegedly raped a five-year-old girl at a campground looked "very smart", saying such comments are commonplace.

The 16-year-old reappeared in Taupo Youth Court on Thursday charged with rape, burglary and causing grievous bodily harm by sexual violation after the campground attack in December, which left the girl with significant injuries to her head and body.

The girl's parents, who are European tourists, asked Judge Jocelyn Munro to consider their feelings after she praised the teenager's tidy appearance at a recent court appearance.

"We felt the judge's comments about the offender's smart looking (appearance) was out of place. We were concerned when we read them," the parents said, according to the New Zealand Herald.

They asked the court in a statement to "consider the impact this has had and will continue to have for years on our daughter and our family".

However, Youth Court lawyers say such comments by judges are fairly normal.

Manukau barrister Kate Leys told the New Zealand Herald there was a statutory requirement to ensure a young accused understood and participated in the court proceedings.

"I can understand why the victim's family could be upset in the circumstances, but I don't think it's showing any bias or anything else," she says.

Auckland University law professor Warren Brookbanks said it was clear the judge was "accept(ing) the mandate that young people appearing in court are to be treated as benevolently as possible".

The girl's parents were also reportedly upset that a prayer written by the accused teen, asking God for forgiveness of his sins and to relieve him of anger and stress, was read to the court at his last appearance.

The teenager has indicated he will plead guilty to the charges.

The family, who are still in New Zealand, said they will not be at the youth's next court appearance on Wednesday because they will be with their daughter at Waikato Hospital.

A trust fund set up for the girl has raised $61,000.

NZN

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Comments

18 Jan 2012 07:35p.m.

Proud Kiwi wrote:

This alleged young criminal appears to be in safe hands and in a very benevolent society where even the judge who is paid to hand out justice is impressed by his appearance.What more can he ask for? Even we as citizens of this country are debating over trivial issues but there is no debate about how do we make our society safer. One thing is for sure that if that was to happen, we will need people with deeper understanding and empathy for victims rather than shallow praise for criminals who look smart. The so called Judge should actually be judging fashion parades.

17 Jan 2012 12:29p.m.

Dan2 wrote:

@ Bruce: The judge is there to control the process. They should be allowed to comment on appearance and etiquette because that is part of the professionalism of the courts. Do you think the defendant should be allowed to dress how he pleases and the judge have no ability to decide the appropriateness of his appearance? Like I said I would be amazed if people got upset if the judge commented that the defendant looked "sloppy". People here are only upset because it happened to be a positive comment.

17 Jan 2012 11:50a.m.

nick a wrote:

Turangi....would actually be a nice place...if it wasnt for the locals. Also the mum of this scumbag says he has been made out to be a monster.....news flash mummy, make absolutly no mistake about it, your son is a monster!!!

17 Jan 2012 11:41a.m.

Jenny wrote:

"Facts", I'm concerned about your lack of empathy for the victim and her family in this case. Of course it makes a difference if the child's parents were metres or kilometres away. They would never have been kilometres away because they are decent parents. Are we now going to dissect the parenting abilities of these Europeans and use the fact that they stepped away from their caravan for a few moments as an excuse and reason for a boy to rape and beat a five year old girl? Really? I grew up staying in camping grounds during Summer and sleeping under an awning attached to our caravan with my brother while my parents slept in our caravan. My parents were not by my side every second. Would they have deserved to suffer as the parents of the little 5 year old girl has? What rubbish. How odd you are.

17 Jan 2012 11:11a.m.

Jenny wrote:

I am disgusted by how the emphasis in this case seems to be constantly on the offender and Turangi itself. Comments about the offender's dress, his guilty plea and his prayers are completely out of place in this case where a little girl, who is practically a baby, was brutally raped and beaten. I am left dumbfounded by comments by Turangi locals who comment about how wonderful this hellspawn youth is to have pleaded guilty, how they feel sorry for him and his family and how Turangi itself has been affected. How disgusting. This little girl and her parents will never recover from this incident and the offender will not even be tried in an adult court, despite the severity of his crime. What kind of adult is this "youth" going to become? What further impact will he have on society? Yet another Maori causing harm to the innocent.

17 Jan 2012 09:47a.m.

Raye wrote:

I agree with Chargone that it's a little ridiculous to be stirred up about how a judge commented on how well dressed/smart looking the boy was. It's an observation, and might even be a hint that sometimes it's the welldressed ones that we need to look out for. However I agree with Diane that if a 16 year-old can get a licence, condoms, have sex and get married - they should be then also trialled as adults. There are so many cases where children/teenagers get out of jail and just do it all over again - just worse crimes.

17 Jan 2012 08:51a.m.

bruce wrote:

Dan2. Why does the judge need to make any comment about the appearance of anyone? The judge is there to weigh up the evidence and pass sentence. The judge is not the fashion police and his or her views of appearance is not relevant oir germane to this case but comment obviously has caused offence. Professionalism of the highest order is required in our courts and justice system. It needs and deserves our trust but lately that trust is being eroded (for a number of reasons).

16 Jan 2012 09:54p.m.

Mel wrote:

Hey Dan2 - do you or have you ever had a 5 year old child because I am sure if you did you would react the same, I personally cannot understand anyone giving this boy the time of day regardless of his upbringing - we all have a choice in our actions!

16 Jan 2012 08:56p.m.

H-TownLawyer wrote:

I am a criminal defence lawyer with over 10 years experience. I consider that the Judge's comment showed appalling insensitivity, and a disturbing lack of empathy - and that an apology to the poor girls parents is very much in order.

16 Jan 2012 08:53p.m.

Dan2 wrote:

@ Bruce: the family of the victim is understandably aggrieved but the criminal process is not in place for their comfort or anyone else's. The judge is permitted to comment positively or negatively as the case may be on the appearance of the defendant, this is nothing new. I'm sure if the judge had commented that the defendant looked "sloppy" people here would have no issue with it. This leads me to reasonably believe that its not because the judge commented at all on the appearance of the defendant that has offended people here but rather that she dared to state an observable fact which any objective bystander could have made. Oh and knee jerk reactions isn't what sets us apart from the animals, its our ability to rationalise which most posters here have set aside in favour of outbursts of self-righteous rage.