It was an utter 'disaster'

VICTIMS' families fiercely criticised changes to the bail laws fearing that they would let more dangerous criminals out on the streets.

Now new figures released show nearly 10 per cent, or 5000 more offenders, were freed on bail when the Bail Amendment Act 2007 came in.

And more than a third were facing serious violent charges, including manslaughter and murder.

John Key's National government went on to abolish the controversial law last December after it came into power amid fears that these offenders were putting the public at risk.

In 2006, less than 48,000 defendants were bailed by the courts – that rose to 50,910 in 2007. After the new bail laws were brought in, the numbers of accused freed on bail rose dramatically to 55,730, according to Ministry of Justice figures obtained by Sunday News under the Official Information Act.

Of those bailed in 2008, almost 20,000 were facing serious violence charges and more than 14,000 were charged with drugs offences.

Garth McVicar, of the Sensible Sentencing Trust, said the figures uncovered by Sunday News were "fantastic evidence" which vindicated its campaign against the bail act.

"We knew the Bail Act (changes) were a disaster and just the changing of that one word, making it a significant risk, as opposed to just a risk, absolutely made it so hard for police," he added.

"We suspected that was the case (more people would be bailed). We had a number of calls from victims and other people who knew the offender in their particular case had re-offended."

The 2007 Bail Act had changed the law so defendants facing trial or sentence had to pose a "real and significant risk" of breaching bail, reoffending or interfering with a witness for bail to be declined. Before, the defendant only had to pose a "risk".

And there had been several high profile, controversial cases involving defendants who re-offended while out on bail.

One case, in December 2007, involved a Matamata teenager who allegedly raped a girl while on bail for aggravated robbery. When the youth reappeared before the Youth Court he was again released on bail.

The same month then double-murder accused Chris Kahui was granted bail despite three previous breaches while awaiting trial over the death of his twin boys. Kahui was found not guilty.

Bruce Emery was bailed in February 2008 after just three weeks in prison while he awaited trial for the manslaughter of 15-year-old tagger Pihema Cameron.

Bailed child murder accused Rikki Hopa, 30, died in a car accident along with the driver of another vehicle after the pair collided in October 2008 .

Justice Minister Simon Power said changing the Bail Act in 2007 was a mistake that simply made it easier for defendants to be released.

"The Law Society, the Police Association, the Police Prosecution Service, and even a defence lawyer have all said the 2007 changes effectively made it easier for people to get bail," Power said. "The statistics show that Labour's changes to the Bail Act in 2007 let more violent offenders into the community. The changes compromised public safety by making it easier for people to get bail."

Power said that was why National, "returned the benefit of the doubt to the public, rather than to the accused, and that's good for everyone".

Before he became prime minister John Key had said he believed the 2007 Bail Act changes were putting Kiwis at risk. "We think they (Labour) were putting the desire to reduce the prison population ahead of the security and safety of New Zealanders," Key said in February 2008.

Manukau District Court bailed the most defendants last year, setting 6237 people free – 339 more defendants than the Wellington District Court who bailed 5898, according to MOJ figures.

Those courts were followed by Christchurch District Court with 5536 and Auckland with 4791. There were 6125 Maori men between the ages of 20-29 bailed in 2008 – the highest group, followed by 5907 European men.

The most recent figures for breaches of bail were from 2005 which showed that 9106 defendants, or 15%, of 60,338 bailed reoffended.

- © Fairfax NZ News