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Case Highlights Weakness Of Bail

Wednesday 7 January 2009, 12:38PM

By New Zealand Police

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PALMERSTON NORTH

A recent Palmerston North case demonstrates the parlous state of the New Zealand justice system - particularly with regard to the enforcement of bail conditions, ACT New Zealand Law & Order spokesman David Garrett said today.

"Marcus Carlin beached his electronic bail on New Year's Eve - leaving a note on his door addressed to police, telling them: 'you can take away my new year, but you ain't f-ing taking away my New Years'. He signed it with a taunt," Mr Garrett said.

"Carlin then presumably celebrated New Years and then handed himself into police. In court, his lawyer said it had been a frustrating year and Carlin wanted his bail conditions relaxed - particularly the alcohol ban.

"The judge - rather than immediately imprisoning Carlin for breach of bail conditions - gave him a 'final warning' and released him.

"This case shows that the tinkering with bail laws before Christmas was just that: tinkering. The judge was probably unable to remand Carlin in custody - despite his clearly demonstrated contempt for the system - because of the weak bail laws.

"The bail act needs a complete and comprehensive revision; not just tinkering. Here is a man who has literally told the justice system to 'f off' and literally been rewarded for doing so rather than punished," Mr Garrett said.