Monday, February 23, 2015

LEGAL AID GIVEN THEN WITHDRAWN

$11m OF LEGAL AID APPROVED TO FIGHT FOR ABUSE COMPO 

More than $11 million of state-funded legal aid has been approved or already paid to pursue hundreds of historic abuse compensation claims shuffling their way through the court system.
Some of the claims were first filed nearly 10 years ago but only a handful have been heard and so far no court has awarded compensation.
One lawyer, Sonja Cooper, says it would take about 150 years to hear the claims at this rate. She wants an out- of-court system to resolve the claims.
The Legal Services Agency, which administers legal aid, says more than 900 people have asked for legal aid to sue for the damage they say decades- old psychological, physical and sexual abuse caused them. Claims are still being filed.
Legal aid for about 50 people was refused at the outset and about 300 more have either dropped their claims or had legal aid withdrawn after it was initially granted, the agency says.
It began reconsidering funding in the wake of the first few claims failing. When legal aid was withdrawn for some claimants, the withdrawal decisions were taken to a review panel and then on appeal to the High Court.

The United Nations Committee Against Torture has asked the Government what it is doing to ensure the allegations are investigated, perpetrators prosecuted and victims compensated and rehabilitated.
An Auckland lawyer who has continued to represent Palmerston North man Past patient without payment after legal aid was withdrawn says it may take the Supreme Court or the UN to vindicate Patient' claims.
But the case must go to the top New Zealand court before the UN will consider it.
Evgeny Orlov says that, at its heart, the way the claimants were treated at the time and in the court system is a human rights issue. The same kind of treatment that the historic cases have raised is continuing even now. "What is left unpunished will continue to smoulder in the unconscious."

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