22 LISTENER OCTOBER 13 2018
Last-chance saloon
Few cases are sent back to court under
the royal prerogative of mercy, and the
granting of pardons is even rarer.
that the expenses-related fraud con-
victions of former Whanganui police
superintendent Alec Waugh be referred
to the High Court, where the convic-
tions are quashed. Waugh later wins a
$1 million payout from the
Employment Court.
2004: Rex Haig’s conviction
for the murder of Mark Rode-
rique, in 1995, is referred
back to the Court of Appeal
on his second prerogative
of mercy application. The
court quashes the convic-
tion in 2006, but a QC’s
report recommends against
compensation. Haig dies in
2017 before a second bid for
compensation is resolved.
2009: The Ministry of Justice
recommends the Court of
Appeal reconsider the case
of Tyson Redman, who, in
2007 aged 17, was convicted
of wounding and injuring
during a group assault at a
birthday party in Auckland.
The court overturns Red-
man’s convictions. In 2018,
Justice Minister Andrew Little
apologises to Redman and
pays $550,000 compensation
for his 30 months in prison.
2011: Lawyers for Te i n a Po ra, jailed for
the murder of Susan Burdett in South
Auckland in 1992, file a prerogative
of mercy application, but before it’s
decided, the Privy Council grants an
appeal. In 2015, the council recom-
mends against a retrial. Pora later
receives $3.5 million in compensation.
2017: Brian McDonald, a convicted
murderer and supporter of convicted
Sounds killer Scott Watson, files a new
application for the prerogative of mercy
after an earlier application is declined in
2013 on the advice of Justice Minis-
ter Judith Collins. The Privy Council
rejected Watson’s application for appeal
in 2003, as did the Court of Appeal in
2000.
2018: Lawyer Murray Gibson applies for
the prerogative of mercy or a pardon
for the murder convictions of David
Tamihere, after a jailhouse snitch, who
testified against him in his 1990 trial for
killing Swedish tourists Urban Höglin
and Heidi Paakkonen, is convicted of
perjury in 2017.30YEAR FIGHT FOR JUSTICE
- David Bain with supporters,
including Joe Karam, left. 2.
Arthur Thomas. 3. Peter Ellis. - Rex Haig. 5. Teina Pora. 6.
1 David Dougherty.
2
3
4
5
T
he royal prerogative of mercy
is designed as a safety net in
potential miscarriages of justice
for people who’ve been con-
victed of an offence but have
exhausted the appeal process. It’s exer-
cised by the Governor-General on the
advice of the Government. It can result
in a pardon – although this is very rare –
or referral of the case back to a court for
further consideration. About 10 applica-
tions are lodged each year and only
about 9% succeed in a referral back to
court. Of about 160 applications lodged
between 1995 and 2017, the prerogative
of mercy was exercised 15 times.NOTABLE CASES INCLUDE:
1979: Prime Minister Robert Muldoon
pardons Arthur Allan Thomas and awards
him $950,000 compensation for
the nine years he spent in
jail after the 1970 murders
of Jeannette and Harvey
Crewe in Pukekawa, south
of Auckland. The pardon fol-
lows an application for the
prerogative of mercy, and
a report by Robert Adams-
Smith QC, which finds “an
injustice may have beendone”.
1996: David Dougherty’s convic-
tion for raping his 11-year-old
neighbour in West Auckland
in 1992 is referred back to
the Court of Appeal, which orders a
retrial at which Dougherty is acquitted
of rape. Another man, Nicholas Reekie,
is later identified by DNA as the attacker,
and Dougherty receives an apology
from the Government and $868,000
compensation.
1998: The 1993 Christchurch Civic Creche
sex-abuse convictions against Peter Ellis
are referred back to the Court of Appeal,
but the following year, the court dismisses
the appeal. Two further applications are
unsuccessful.
2000: The Governor-General refers
some questions in the David Bain case to
the Court of Appeal after supporter
Joe Karam’s prerogative of mercy
application in 1998. The court
ultimately dismisses the appeal
in 2003. The Privy Council later
orders a retrial, and in 2009, Bain
is acquitted on all five counts of
murdering his family in Dunedin
in 1994.
2002: Justice Minister Phil
Goff recommends
6NZ HERALD/GLENN JEFFREY/GREG BOWKER; JOHN MCCOOMBE; SOUTHLAND T
IMES/BARRY HARCOURT; NEWSPIX