JUDGE WANT ABUSE CASES SETTLED OUT OF COURT

Judge wants abuse cases resolved out of court

A judge is asking the Government to find another way of dealing with hundreds of historic abuse claims awaiting court hearings – a backlog which at the current rate would not be cleared till next century.

 claims have so far gone to a full hearing and all of those were dismissed.

The claims filed in court are for the effects of alleged psychological, sexual, and physical abuse said to have happened as early as the 1950s. They cover social welfare institutions, psychiatric hospitals, defence force settings, and a small number in private or religious institutions.

The first four claims to go to trial cost an average of $356,500 in legal aid, and more than a month of court hearing time each. Money problems have complicated the process of getting other claims ready for trial.

Legal aid issues have spawned their own court cases as claimants challenge aid being withdrawn and the Legal Services Agency, which administers the legal aid system, challenges review panel decisions to reinstate legal aid grants.

In the latest of the legal aid decisions from the High Court at Wellington, Justice Robert Dobson has asked the Solicitor-General, David Collins, QC, to consider recommending to the Government an alternative way of resolving the outstanding claims.

One way or another, all aspects of the cases were being pursued at the taxpayer's expense, he said.

Many of them, whether the complaints were genuine or not, seemed to be only barely capable of being decided by a court, the judge said.

The Social Development Ministry has set up a claims resolution team that the judge was told had settled 23 claims against the former Social Welfare Department and 29 against non-government organisations.

Other undisclosed options for dealing with the remaining claims were suggested to the Government more than a year ago, with no decision announced.

At least one lawyer for the claimants favours a process such as the one used to settle the grievances of former child and adolescent patients of Lake Alice psychiatric hospital. An apology was given and more than $10 million shared among more than 180 former patients.

Before Dr Collins was appointed solicitor-general, he was the adviser for former patients during the process nearly 10 years ago in which they spoke confidentially to retired judge Sir Rodney Gallen, who allocated payments.

A spokesman for Dr Collins said alternative ways of settling the current outstanding claims were being looked at afresh in light of Justice Dobson's recent comments.

Attorney-General Chris Finlayson did not respond to requests for comment.

Justice Dobson said many claimants may be seeking an outcome not achievable in the court process – an acknowledgment of responsibility by those who committed a wrong.

- The Dominion Post