Assault victim alleges serious miscarriage of Justice in complaint to Police Commissioner

The Herald was informed on Wednesday evening that a formal written complaint was forwarded to Commissioner of Police Maara Tetava on 25 August 2010 alleging a serious miscarriage of justice in an assault case involving Mayor of Aitutaki Tai Herman.
The daily paper had reported on 13 August 2010 that Herman was discharged without conviction following a charge of common assault that occurred in January 2010.
The essence of the complaint is the manner in which the Police handled the case.
The assault victim alleges incompetence on the part of the Police.
The victim questions why no victim impact report was carried out by Police. He also questions why Police changed the charge from common assault to assault with intent to cause injury then to the lesser charge of common assault during sentencing.
The victim pointed out that he received hospital treatment, he has permanent scarring over and under his right eye. Although not mentioned in his letter, the victim told the Herald he suffered headaches for several days after the assault and had difficulty seeing out of his right eye.
The victim also questions the actions of the Justice of the Peace who presided over the case, Tiki Matapo.
The victim told the Commissioner that the jurisdiction of the courts had confirmed in his mind from the sentence that two forms of justice are being applied, one for the ordinary person and the other for those who hold positions of status or authority.
He asks whether at the time of sentencing by the JP whether the JP queried the whereabouts of a victim impact report. (It is not known if a probation report was completed).
The victim also queries why the JP was not made aware of any previous Police records on Herman.
The JP also appears he did not ask Herman’s Counsel to substantiate claims he showed remorse. The victim says he did not receive any expression of remorse from Herman either in person or in writing.
The victim says he feels let down by the Police and it was his wish to register his total disgust and dissatisfaction over the manner in which his case was handled.
He asks where does this leave Police when they front up on television frequently espousing the message that they have zero tolerance for violence (which includes assault) and yet turn a blind eye where victims of assault are concerned.
The victim told the Commissioner he was not expecting his complaint to go anywhere because he feels it will only get lost in the system.
A copy of the letter was sent on the same day to the Minister for Police, Minister for Justice and the Attorney General.
A copy was not sent to the Chief Justice of the Peace for his information.

By Charles Pitt

Herald Issue 463 10 June
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