Victims' families take aim at police, Corrections

The families of two young people killed by known criminals have dropped their bid to hold individual police officers and public servants to account for their deaths - but are still pursuing the organisations they work for.

Karl Kuchenbecker was murdered by Graeme Burton in 2007, when the latter went on a rampage while on parole.

Debbie Ashton was 20 when her car was hit head-on by one driven by disqualified speeding driver Jonathon Allan Barclay in 2006.

The families of both - with support from the Sensible Sentencing Trust - say Burton and Barclay should have been in prison when the victims were killed.

Today, their lawyer, Nikki Pender, argued in the Wellington District Court for more time to prosecute police and the Corrections Department under the Occupational Health and Safety Act while dropping a bid to sue Police Commissioner Howard Broad, Wellington police chief Pieri Munro, Corrections chief Barry Matthews, former Rimutaka Prison manager Christopher Smith and Probation Service manager Katrina Casey.

An extension to the six months allowed for evidence for a civil case to be gathered was needed due to the Department of Labour, which administers the Act, taking too long to respond to requests for information, Miss Pender told the court.

Miss Ashton died after Barclay's car crossed a centre line and hit her car in December 2006.

The previous month, Barclay had escaped a return to prison when he was convicted of drink driving.

He was on parole at the time and had been given a new identity under the witness protection programme, meaning he was treated as a first-time offender and fined $500 and disqualified from driving instead of being sent back to jail.

A ministerial inquiry report revealed Police National Headquarters, Corrections and a probation officer were aware Barclay was using his new alias when he appeared in court, but failed to notify the judge.

Mr Kuchenbecker was shot and killed and four others were wounded by Burton while he was on parole in January 2007.

Wellington coroner Garry Evans found Mr Kuchenbecker's death might have been prevented "had the actions, procedures and processes of the [Parole] Board, the [Corrections] Department and police been different at various points in time".

Mr Kuchenbecker's father, Paul, said outside the court he was pursuing the case as the public service had to be held accountable.

"I feel that there's two rules, one for us and one for them, and they're not accountable for their ... lack of action," he said.

Paul Kuchenbecker was an earth-moving contractor and, as such, was liable for the safety of his staff and the public.

"The public walk on to my site and I've got to protect them, through fences and what have you. If there's a death through my cause then OSH (Occupational Safety and Health) and the police will follow up with prosecution and fines, so I don't see the difference," he said.

"Burton was a ticking timebomb and he should have been monitored.

"It'll never bring Karl back but his death will not be in vain - as far as we're concerned, we have to do something about it."

Miss Ashton's mother, Judy, said outside the court she would not rest until she had done everything in her power to make sure others did not suffer as her family had.

"Maybe the more we become outspoken, the more people will get behind us with their own experiences," she said.

"You don't have to accept what has happened to you."

Her family - husband Ted and three children - had been devastated by her daughter's death and Mrs Ashton did not want another family to suffer in the same way.

"They hide behind their systems and this and that, but somebody has to be accountable," she said.

"That's what it's all about - not an individual head on the block but somebody has to take a stand and say 'yes, we're accountable'."

The Crown will argue its case next Monday.

- NZPA