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High-Powered Panel Investigates Judge Ema Aitken’s Conduct

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A high-powered panel has been established to investigate the conduct of District Court Judge Ema Aitken, who recently faced scrutiny for allegedly attending an event without proper invitation, commonly referred to as “gatecrashing.” The investigation, announced on March 15, 2024, aims to address concerns regarding the judge’s professional behavior and uphold judicial standards.

The panel comprises distinguished figures, including a former Governor-General, two senior judges, and a prominent King’s Counsel (KC). This diverse group is tasked with reviewing the circumstances surrounding Judge Aitken’s actions, ensuring a thorough and impartial examination of the facts.

Composition of the Investigation Panel

Among the panel members is the former Governor-General, whose experience in high office lends significant weight to the investigation. The inclusion of two senior judges ensures that the review process will be conducted with legal expertise and a clear understanding of judicial conduct standards. The top KC brings a wealth of legal knowledge and experience, further reinforcing the panel’s credibility.

The investigation was prompted by public unease regarding the integrity of judicial positions and the necessity for transparency within the legal system. The panel’s findings are expected to play a crucial role in determining whether Judge Aitken’s conduct warrants any disciplinary action or if she will continue in her role without further repercussions.

Potential Implications for the Judiciary

The outcome of this investigation could have significant implications for the judiciary in New Zealand. If the panel finds that Judge Aitken’s actions compromised her ability to serve impartially, it may lead to broader discussions about accountability and ethical standards among judges. Maintaining public trust in the legal system is essential, and ensuring that judges adhere to high professional standards is pivotal in achieving this goal.

The investigation is scheduled to commence shortly, with the panel expected to conduct interviews and gather evidence over the coming weeks. The results will be made public, aiming to enhance transparency in judicial proceedings and reaffirm the commitment to ethical conduct within the legal community.

In the wake of this situation, legal experts and commentators have emphasized the importance of upholding the integrity of the judiciary. The panel’s findings could serve as a precedent for future cases involving judicial conduct and public accountability.

As the investigation unfolds, stakeholders across the legal system will be watching closely to see how this situation develops and what it may mean for the future of the judiciary in New Zealand.

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Invercargill Prison Continues Controversial Use of Dry Cells

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Prisoners at Invercargill Prison who are deemed at-risk continue to be placed in dry cells—rooms devoid of toilets and drinking water—despite prior condemnation of this practice by authorities. A report from 2019 by then-Chief Ombudsman Peter Boshier revealed that such conditions violated United Nations standards aimed at protecting the dignity of prisoners. Since that report, data obtained under the Official Information Act indicates that at-risk inmates have been placed in these dry cells at least 14 times, with the majority of incidents occurring in 2023.

The dry cells are part of the prison’s Intervention and Support Unit (ISU) and are primarily intended for monitoring inmates suspected of concealing contraband. While the Department of Corrections maintains that at-risk prisoners are usually placed in designated “safer cells”—rooms lacking ligature points for enhanced monitoring—officials admitted that overcrowding often necessitates the use of dry cells. According to Neil Beales, Deputy Commissioner for Men’s Prisons, “We still have a responsibility to make sure that that person is properly looked after.”

On 13 occasions since 2019, inmates identified as at-risk were housed in dry cells due to the unavailability of safer cells. These cells are designed for close monitoring and provide access to specialized care, but as noted by Beales, “When you’re stuck with nowhere else to put them that is safe… they have to make the best decisions for safety.”

Continued Warnings from Oversight Bodies

Multiple oversight organizations have repeatedly raised concerns regarding the use of dry cells for at-risk inmates. During a visit in 2019, Boshier found that the three safer cells at Invercargill Prison were occupied, leading to two at-risk prisoners being confined to dry cells. This situation led Boshier to identify a breach of Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners, which mandates adequate sanitary facilities.

In 2021, Boshier reiterated his concerns about the practice at other facilities, stating, “Dry cells are a desolate and barren environment for prisoners who are already vulnerable.” In a more recent report in 2023, Chief Inspector of Corrections Janis Adair expressed similar sentiments, emphasizing that the use of dry cells for purposes beyond their intended design is inappropriate.

Calls for Systemic Change from Advocacy Groups

Advocacy organizations have criticized the ongoing use of dry cells, labeling the situation as “inhumane” and an “utter failure” of the justice system. Lisa Woods, Advocacy and Movement Building Director at Amnesty International New Zealand, conveyed the gravity of the situation, stating, “People being placed in such conditions… it’s beyond appalling.” Woods highlighted that the repeated violations of international human rights standards reflect a systemic issue that undermines the dignity of those in custody.

Former inmate and spokesperson for the Howard League for Penal Reform, Cosmo Jeffery, also condemned the practice, recalling his own experience in a dry cell. He asserted, “It’s totally inhumane. It’s going back to the dark ages.” Jeffery criticized the lack of effective action to prevent the continued use of these cells, questioning the absence of motivation for reform.

Challenges in Prison Capacity and Mental Health Care

Invercargill Prison has seen its population fluctuate between 110 and 182 inmates since 2019, including a notable increase in those with significant mental health issues. Beales acknowledged the challenges faced by staff amid rising demand. “I know that our managers at those sites will do everything in their power not to use those cells,” he said, emphasizing the dilemma of ensuring safety for both inmates and staff.

When questioned about the lack of expansion of ISU safer cells at Invercargill, Beales cited the age and condition of the facility as a reason for prioritizing resources elsewhere in the prison network. In October 2023, the Department of Corrections opened 500 new high-security beds at Waikeria Prison along with 96 dedicated mental health and addiction beds, aiming to alleviate pressure on facilities across the system.

As the debate continues regarding the treatment of at-risk inmates, the future use of dry cells at Invercargill Prison remains uncertain, contingent on capacity and availability of safer alternatives. The ongoing scrutiny from both watchdogs and advocacy groups underscores the urgent need for reforms in how vulnerable prisoners are managed within the correctional system.

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Invercargill Prison Continues Dry Cell Use for At-Risk Inmates

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The practice of placing at-risk inmates in dry cells at Invercargill Prison has persisted, despite previous condemnation from officials and human rights organizations. Inmates identified as suicidal have been subjected to this treatment at least 14 times since March 2019, according to data obtained under the Official Information Act.

Dry cells, located within the prison’s Intervention and Support Unit (ISU), are designed primarily for monitoring prisoners suspected of concealing contraband. These cells lack basic amenities, including toilets and drinking water. Following an investigation by then-Chief Ombudsman Peter Boshier, it was determined that this practice breaches United Nations standards aimed at preventing inhumane treatment of prisoners.

While Corrections officials state that at-risk inmates are usually placed in ‘safer cells’—which are equipped to minimize ligature points for self-harm—the data shows that on 13 occasions since 2019, the safer cells were occupied, leaving staff with no choice but to use dry cells. Neil Beales, Deputy Commissioner for Men’s Prisons, explained that the safety of inmates must be prioritized, stating, “Nobody is saying that is optimal and preferable, but unfortunately it’s unavoidable in those circumstances.”

The situation has drawn criticism from various watchdogs. During his visit to Invercargill Prison, Boshier noted that inmates were provided with cardboard receptacles instead of toilets, a clear violation of Rule 15 of the UN Standard Minimum Rules for the Treatment of Prisoners. This rule mandates that prisoners have access to adequate sanitary facilities.

In 2021, Boshier reiterated his concerns regarding the use of dry cells in other prisons, describing them as “desolate and barren.” He emphasized that placing at-risk individuals in such conditions is never appropriate. In 2023, the Office of the Inspectorate echoed these concerns, with Chief Inspector Janis Adair highlighting that dry cells were sometimes used beyond their intended purpose due to a lack of adequate at-risk cells.

Advocacy groups have been vocal in their condemnation of the continued use of dry cells. Lisa Woods, the advocacy and movement building director for Amnesty International New Zealand, characterized the situation as an “utter failure” and a breach of international human rights standards. “This shows the system is utterly broken,” Woods asserted, emphasizing that every individual has the right to dignity, which is consistently being undermined.

Additionally, Cosmo Jeffery, spokesperson for the Howard League for Penal Reform, who experienced time in a dry cell himself, described the conditions as “totally inhumane.” He questioned the lack of progress in addressing this issue, suggesting that there is no real desire for change within the system.

The fluctuating population at Invercargill Prison, which has ranged between 110 and 182 inmates, has contributed to the ongoing challenges. Beales acknowledged that there has been an increase in inmates arriving with significant mental health, drug, and alcohol issues. He expressed the difficulty in managing these cases, stating that the aim is to ensure safety for both inmates and staff.

When questioned about the lack of additional safer cells within the prison, Beales explained that resource allocation has focused on other areas of the prison network. Recently, Corrections opened 500 new high-security beds at Waikeria Prison and 96 dedicated mental health and addiction beds, indicating a strategy to relieve pressure on the system.

While the future of dry cells remains uncertain, Beales noted that their use for at-risk inmates will depend on available capacity. The ongoing use of these facilities raises significant ethical and human rights concerns that demand attention from both the public and authorities responsible for prison management.

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Albanese Accuses Israel of International Law Breaches Amid Gaza Crisis

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Australian Prime Minister Anthony Albanese has accused Israel of “quite clearly” breaching international law by withholding humanitarian aid from civilians in Gaza. In a recent statement, he emphasized that while he respects formal processes for assessing violations, such actions constitute a “breach of decent humanity and morality.” This declaration marks a significant moment in Australia’s foreign policy stance regarding the ongoing conflict in the region.

Albanese’s remarks come as the humanitarian situation in Gaza deteriorates, with reports indicating severe shortages of essential supplies, including food, medicine, and clean water. The Prime Minister’s comments reflect growing international concern over the impact of the conflict on innocent civilians.

During a press briefing, Albanese stated, “The situation in Gaza is dire, and it is crucial that aid is allowed to reach those in need.” He reiterated Australia’s commitment to supporting humanitarian efforts while calling for an immediate ceasefire to allow for the safe delivery of aid.

Pressure Mounts for Recognition of Palestinian State

According to Australian correspondent Oliver Peterson, there is increasing pressure on the Albanese government to follow France in formally recognizing a Palestinian state. This move could signify a shift in Australia’s diplomatic approach towards the Israeli-Palestinian conflict.

Peterson highlighted that recognition of a Palestinian state is being discussed in political circles, reflecting a broader international trend. “Many are urging the Australian government to take a stronger stance in support of Palestinian rights,” he noted. The debate around recognition is intensifying as the humanitarian crisis unfolds, prompting calls from various political leaders and advocacy groups within Australia.

While Albanese has expressed support for a two-state solution, the complexity of the situation poses challenges for any immediate policy changes. The Prime Minister’s comments on Israel’s actions are likely to resonate with those advocating for increased humanitarian assistance and recognition of Palestinian sovereignty.

As the conflict continues, international leaders and organizations are closely monitoring Australia’s response. The potential for Australia to take a more definitive stance on recognizing a Palestinian state could have significant implications for its diplomatic relations in the region and beyond.

In summary, Prime Minister Anthony Albanese’s recent accusations against Israel highlight a critical moment in Australia’s foreign policy. With increasing pressure to recognize a Palestinian state and respond to the humanitarian crisis in Gaza, the government’s next steps will be closely scrutinized both domestically and internationally.

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Teen Confronts Abuser in Court: Sentencing for Shane Bell

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A teenager who suffered years of sexual abuse confronted his abuser in court, expressing his anger and desire for justice. In a moving statement, the teen, who has a head injury, addressed the court during the sentencing of Shane Bell, 49, at the Christchurch District Court. He urged that no other young person should endure what he experienced.

During the hearing, the teenager recounted how Bell’s actions led to feelings of insecurity and mistrust. “I find it hard at times to express myself,” he told the court. “I am angry with him, with what he did to me.” His father, who accompanied him, shared his own feelings of betrayal, stating he once trusted Bell around his son. “I don’t have any trust in him now after what he has done to my son,” he said. This experience has heightened his awareness of who he allows around his other children to prevent similar trauma.

The emotional impact of the abuse extended beyond the boy to his entire family. The father noted that they continue to deal with the residual trauma. A pre-sentence report revealed that Bell posed a high risk of reoffending, demonstrating distorted thinking and a lack of remorse. He faced multiple charges, including sexual connection with a young person and possessing objectionable materials.

Bell abused the victim over an 18-month period, during which he performed sexual acts while instructing the boy not to disclose the incidents. The victim was too frightened to come forward, believing he had been assaulted approximately 50 times. In addition to the abuse, Bell also supplied the boy with cannabis and alcohol during these encounters.

Bell’s criminal activities were brought to the attention of Polish authorities through a cellphone that received child exploitation material. In early 2023, this information was shared with New Zealand police, leading to a search of Bell’s home where multiple devices were seized. Investigators discovered over 1,000 files on his laptop and cellphone, including images involving young boys and animals. His search history included more than 100 queries related to child exploitation and bestiality.

During the sentencing, Judge Gerard Lynch condemned Bell’s actions as “deplorable, vile and degrading.” The judge noted Bell’s primary concern while in custody was the welfare of his cats, which highlighted his lack of accountability for his actions. Judge Lynch emphasized that Bell required an intensive sexual treatment program to address his behavior, stating that he did not accept Bell’s apology.

Ultimately, Bell was sentenced to six years and three months in prison and was placed on the Child Sex Offenders Register as part of his punishment.

For those affected by similar issues, support is available. If you or someone you know is at risk or has experienced sexual assault, immediate help can be sought by calling emergency services. The confidential crisis helpline Safe to Talk is available at 0800 044 334 or via text at 4334, operating 24/7. Additionally, Male Survivors Aotearoa and other organizations provide confidential support across New Zealand.

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