Offering a second chance

In 1996 Timaru was selected as one of three pilot sites to trial the use of restorative justice. More than 13 years later, the woman who pioneered the initiative is moving on. Bethany Marett reports.

Linda Gaskin knows exactly how powerful the process of restorative justice can be.

Throughout her 13 1/2 years in the co-coordinator's role she has seen emotions from anger, hurt, pain and suffering expressed. But she has also seen huge support and encouragement and experienced people genuinely changing for the better.

"It never ceases to amaze me how generous victims can be when they can see genuine remorse."

Mrs Gaskin has seen more than 1000 people go through the restorative justice programme – a community diversion process which gives victims of crime and offenders the opportunity to meet and talk in a safe environment.

The inaugural co-ordinator role came shortly after Mrs Gaskin and her husband, Dave – Timaru's top policeman – moved to Timaru from Christchurch.

In a former life she had served as a policewoman for a number of years, before taking time out to have her two children.

The co-ordinator role was a job and an opportunity for which Mrs Gaskin was thrilled to be chosen.

"It was being able to see things from both sides of the situation – the victim's side and the offender's side, and about finding a positive outcome for everyone, that really appealed to me."

The project cost $90,000 for its first two years with funding coming from the Crime Prevention Unit.

Mrs Gaskin said a major reason for its success was the support given at high levels from the start.

"Judge Ryan, who was the resident judge at the time, gave us his total and full support. He was one of a kind."

Wynne Raymond, who was the then mayor and chairman of the Safer Communities' Council, Community Probation Service's Kevin Foley and her husband, Dave, the police Mid-South Canterbury area commander, were also integral, she said.

"Without that support it would have been a hard road."

While there were some independent projects taking place elsewhere, Timaru was the only place in the South Island with government funding to try restorative justice.

Because they were starting from scratch, Mrs Gaskin said, they were able to do things their way.

"We decided we wouldn't write a manual first as there needed to be an element of trial and error and that flexibility to change things.

"We could do what we thought could work in this community."

Mrs Gaskin is quick to say the work was not done all by her – there was a committee involved.

Many of these members have stayed on and are still involved with the programme now, which Mrs Gaskin said had been hugely helpful.

"Their enthusiasm and experience have been crucial."

Since the beginning the cases referred to restorative justice have had to be cases that the court, the victims and police were all willing to divert.

The initial cases they dealt with were "run of the mill" charges such as wilful damage, minor thefts and assaults. But it was not long, Mrs Gaskin said, until they were handed more "meaty" cases such as careless driving causing injury, burglary and fraud.

"People got a sense that it was working and gained confidence."

Over the years only a handful of people, or about 10 per cent of cases, have not reached a final agreement.

Mrs Gaskin said this number was so low because they knew the importance of preparing people for what the meeting would be like and what questions would be asked.

"It's a significant thing for a victim to have the courage to face the offender that has harmed them.

"Most victims that have found that courage are pleased they have, that's shown by research and our feeling."

Mrs Gaskin said often victims found that meeting an offender was a healing and positive way to move on from crime and trauma, and they also liked to think their intervention might help it not happen to someone else.

Restorative justice operates within three levels – diversion, pre-sentence where an outcome is recommended before a conviction is entered, and after a conviction is entered where a report is prepared for the sentencing judge.

Mrs Gaskin said that in the sentencing guidelines a judge could give credit to offenders who had completed the programme.

However, she said, one perception that was not true was that the offender would get off lightly by completing the programme."It's anything but."

Notions that restorative justice was "soft" and that the victims were doing the offender a favour were also untrue, she said.

"It's a chance for the victim to have their say, and to get answers."

As co-ordinator, Mrs Gaskin would first come into contact with the offenders recommended for the programme at court.

"We meet the offender and access suitability.

"They don't have to be the perfect product on court day as that's the power of the process – for them to get some insight into their offending and the harm they have caused."

For an offender to be assessed as suitable, Mrs Gaskin said, she expected to see something of regret, acceptance and responsibility, and a desire to meet the victim and put things right. If they are deemed suitable, contact is made with the victim who is asked if they would like to participate.

Mrs Gaskin said that, overall, the number of victims who chose to participate was higher than those who did not.

"Victims are more likely to agree the lesser the charge. It's harder for victims who have been subjected to violence."

She said the generosity towards young offenders was heartening as people were often very keen to give young people another chance.

Once the victim had agreed, the meeting would be set up involving representation by police, the co-ordinator and two community panel members.

Mrs Gaskin said they encouraged both parties to bring support to the meeting, although it did have to be balanced.

"We can't have one with no-one, and the other with a whole football team. We want this to be a positive experience for everyone."

All aspects of the offending and what should happen is discussed and a group decision with the best possible outcome to go forward is made.

At the higher post-conviction level meetings, Mrs Gaskin said, a more experienced facilitation team was contracted in because it was more complex and needed greater time and preparation.

During a meeting the mood can change vastly within minutes, and Mrs Gaskin has experienced this on all levels.

"People come in tense, nervous, apprehensive scared – that's both parties. But the people who walk out are often far different from the ones who walked in.

"When emotion gets released it is an amazing thing, you can really see the lightening of their load."

For Mrs Gaskin, restorative justice at its best is when a person who has caused harm develops the capacity to learn and appreciate the opportunity given to them, and creates a real desire to better themselves.

"A good outcome for the offender is a good outcome for the community. A better functioning person is going to mean a safer community"

In 1999, a team from Victoria University matched a sample of offenders that had completed restorative justice against a sample of offenders who were processed through the normal system.

The study showed a significant drop in reoffending, with the 12-month reconviction rate of participants 16 per cent for restorative justice against 30 per cent for the normal system.

Mrs Gaskin said reoffending rates were just one measurement of success – the other side of things was to meet victim's needs. "Within restorative justice here and internationally research has shown victim satisfaction is the 90s (per cent)."

A large part of the co-ordinator role has also involved "keeping on people's tails" to ensure offenders are getting on with their required tasks.

Mrs Gaskin said some people tended to think of the programme as a "one-off" but this was not the case.

"Most of what we do is monitor outcomes. It doesn't go back to court until the process has been completed, and that can be weeks or months."

Some of the obligations to be met include attending counselling, or programmes aimed at stopping violence, drugs, or improving parenting, doing community work, making donations to a charity of the victim's's choice or working for the victim.

Mrs Gaskin said Timaru's social services had always been very supportive and gave good feedback which helped the following process of completing a report which is then written to give to police or the court.

One highlight for Mrs Gaskin over her years was one in which she saw incredible generosity from a victim.

"It was a case involving young people and some real harm. This girl showed maturity beyond her years. I saw her being empowered and flourish."

Mrs Gaskin completed her last day as co-ordinator on Tuesday this week, and, at the end of the month, she will take up the reins as a probation officer with Corrections.

The role will initially involve a lot of training which Mrs Gaskin is looking forward to.

"My resignation here was greeted with a lot of surprise, even from myself. I wasn't unhappy, I loved this job to bits.

"It's been more than a job, it's been a passion really and I didn't see myself leaving.

"But I'm looking forward to a new challenge and one that's not in too-unfamiliar territory," she said.

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