Crown to appeal Teina Pora compensation ruling

LAWRENCE SMITH/Stuff.co.nz

Michael Bennett's new book, In Dark Places, dissects the Crown's flawed case against Teina Pora and his prolonged fight for freedom.

The Crown will file a notice of appeal against a decision to adjust Teina Pora's compensation package to allow for inflation after he was wrongly convicted of murder. 

Tim McKinnel, a former police officer who helped clear Pora's name confirmed on Monday afternoon the Crown had indicated they would appeal.

"We are bitterly disappointed. Teina has had to fight for justice for 25-years," he said. 

Teina Pora was awarded the $2.5 million compensation package in June.
LAWRENCE SMITH/STUFF

Teina Pora was awarded the $2.5 million compensation package in June.

In a High Court decision released on August 29, Justice Rebecca Ellis said Pora's compensation package should be reconsidered for inflation.  

READ MORE: 
* Opinion: A better way of fixing miscarriages of justice
* Labour promises to boost Teina Pora compensation

Private investigator Tim McKinnel confirmed the Crown has filed an 11th hour appeal.
LAWRENCE SMITH/STUFF

Private investigator Tim McKinnel confirmed the Crown has filed an 11th hour appeal.

Ellis said errors were made during the decision making process when initially awarding the compensation. But the judge stopped short of saying the Cabinet's decision on Pora's compensation package should be quashed. 

The real error was not in the decision, but in the advice it was based on, she said.

However, on Monday the Crown indicated to Pora's camp they would file an appeal. McKinnel believed this was done to keep the option of an appeal alive while the caretaker government is in place. 

Pora at the time of his arrest in 1993 when he was accused of murdering Susan Burdett.
SUPPLIED

Pora at the time of his arrest in 1993 when he was accused of murdering Susan Burdett.

The appeal deadline was due to expire on Tuesday. 

Ad Feedback

"Justice Ellis' decision was a powerful one. For Teina to again have to fight is incredibly disappointing." 

"Teina is disappointed, he thought it was over. We were hoping for the best, but we should have known better than that after spending the last 10 years having to fight the Crown and government," McKinnel said. 

MAARTEN HOLL/Fairfax NZ

Justice Minister Amy Adams reads the Crown's apology to Teina Pora.

McKinnel said that Labour had indicated if they were voted into government they would not appeal the decision.

The Government accepted that he was probably innocent and awarded him just over $2.5m compensation.

Pora spent 22 years and 11 months in custody, either awaiting trial or as a sentenced prisoner. 

The Government decided against inflation-adjusting his compensation, despite a recommendation to do so from a retired High Court judge who assessed his claim.

Justice Minister Amy Adams said she had informed Pora's legal counsel that although Cabinet has not made any final decision as to how to respond to the High Court decision, Cabinet has today agreed to file a "placeholder" notice of appeal in respect of the inflation adjustment.

"Cabinet conventions dictate that at this time we hold the status of a caretaker government and as such taking any substantive decisions would be inappropriate. It would therefore not be appropriate for a caretaker government to make any final decision on this matter at this time," she said.

"Filing the notice of appeal means that all courses of action are preserved for an incoming government allowing any new government to fully consider the Crown's legal advice and the implications of each option before proceeding.

"If the incoming government does not wish to appeal, the notice can be easily withdrawn. However, because the time to file the appeal expires on 26 September this decision had to be taken today."

Labour's Justice spokesman Andrew Little said Adams called him on Monday afternoon to advise him of the decision to keep the appeal process in a holding pattern. 

While he believed Pora should be awarded the increase, he said he "respected" Adams not making a significant decision while a caretaker minister.
 

 - Stuff

Ad Feedback
special offers
Auckland

Council should butt out on smoking

The Auckland Council has signed on to a government plan to make New Zealand smokefree by 2025.

OPINION: Damien Grant does not want local government telling him what he can do to his own body.

Battle over murdered woman's estate video

Cissy Chen was known for her caring and strong-willed nature.

Cissy Chen's husband was acquitted of murder, and is heading back to court over a multimillion-dollar estate.

800 Words' Michelle Langstone and her best mate

'At one point Caroline would refer to my relationship problems with men I was dating as "The Troubles."'

Actress Michelle Langstone and director Caroline Bell-Booth met as Drama School students.

Shipping Auckland port north

Ngati Whatua says the opportunity to invest in reclaimed land on the waterfront would be welcomed by Aucklanders.

NZ First has won agreement to $500 million rail investment that could end in Auckland's port moving to Whangarei.

Wellington

'Reluctant' motor-racing champion

Denny Hulme developed his love of cars as a youngster working at the one and only garage in Motueka.

Our only F1 champion, Denny Hulme, took his fame in his stride.

'Change' for all NZ video

Labour's immigration policy survived coalition negotiations, Jacinda Ardern says.

Jacinda Ardern has revealed the new government's stance on migration, capitalism and "meaningful change".

Popular mini-train returns

The Aotea Lagoon train was decommissioned two years ago, but Porirua City Council project manager Philip Royle, left, ...

Porirua's only mini-train will get a new lease on life this Labour weekend.

Lions too tough for Taniwha

Jackson Garden-Bachop, left, and Julian Savea were to the fore as Wellington played their way into Friday's championship ...

Wellington impress in comfortable championship semifinal win over Northland.

Canterbury

Crash victim 'devoted to caring' video

Jaimey Leigh Fellows, who was killed in a car crash overnight, has been remembered as a funny and genuine woman who ...

Mum of woman who died in crash near Burnham says her daughter was "funny, lovely".

Rail collapse injures 4

Four men were on the deck outside the Portage Resort Hotel's restaurant and bar in the Marlborough Sounds when a rail ...

A group of men fell off a Marlborough hotel deck "like a pack of cards" after a railing collapsed, a witness says.

Lotto fans make two-hour trip

Some Reefton residents hoping for a Lotto windfall have been driving to Greymouth or Westport -
 two-hour return jouneys ...

Reefton fans are driving to other towns to buy tickets after the local ticket machine broke.

Man seriously hurt by mill machine

A man aged "in his 40s" was trapped in timber yard machinery at a Tasman saw mill and flown to hospital with serious ...

He was trapped in a timber machine at a Tasman saw mill for more than 30 minutes.

Waikato

Girls rule at graffiti festival

Auckland-based muralist Adore (aka Emily Gardener) prepares for three days of painting at the Graffiato festival in ...

Seven of the 10 street artists at theTaupō festival this year are women.

Recognise this guy? 

Recognise this guy? The police want to hear from you if you do.

Police have released images of one of the suspected robbers of a Belgian hitchhiker.

Tomatomania for long weekend

Sweet 100, a cherry tomato hybrid, grows like a weed in warmer weather.

Labour Day Weekend is the perfect time to get your vege patch set for summer.

Domino's robbed

Police are investigating a robbery at a Domino's pizza shop in Hamilton.

Armed pair each wore a balaclava and a hoodie. They escaped in a waiting car driven by a third person.

Taranaki

From trio of crashes to triathlon

Steve Webber and wife Louisa are off to the World Xterra Championships later this month.

He's broken his back, collarbone and his ribs twice, but now he's back on his bike at a world championship level.

Losing its 'life blood'

19102017 News Photo ANDY JACKSON/STUFF.   Graeme Duckett for feature on the old AFCO freezing works in Waitara.

Known as the "university" it was the training ground for a crop of freezing workers who pumped money and life into Waitara.

Food dream blossoming

Liz Buttimore and partner Bradley Hornby have worked together for twelve years.

A Taranaki girl's long-held dream has come to fruition in Marlborough, creating innovative food with local produce.

Titokowaru never lost his mana

This oil painting by James Barry in 1820 shows chiefs Waikato and Hongi Hika with missionary Thomas Kendall in England  ...

OPINION: History can twist a story - and besmirch the name of a great New Zealander.

Manawatu

Fireworks and your furry friends

Fireworks are great to look at, but the noise and lights can be terrifying for pets.

PAWS AND CLAWS: Guy Fawkes can be a terrifying experience for our pets.

Practical magic video

The tools of furniture maker Rowan Dicks' trade.

Rowan Dicks makes furniture that isn't just run-of-the-mill.

Men, money and moving on

Inbar Lavi plays serial con artist Maddie in Imposters.

OPINION: I have this vivid memory of Basil Fawlty angrily attacking his car with a tree branch.

Principal's full-time siren sounds

Retired Manchester St School principal Rex Wheeler has more time to spend reconditioning his 1937 Studebaker Gran ...

After 43 years in the district, principal Rex Wheeler has more time for tinkering.

Nelson

Makos fans jet into enemy territory

Originair flight OG3313 Captain Warwick Wild shows his support for the Tasman Makos before a flight to New Plymouth today.

Look out Ferdinand - there'll be a few more fins up in the crowd at Yarrow Stadium this weekend.

Tale of two MPs

Nick Smith says National will be a formidable force in opposition.

The top of the south looks set to swap one cabinet minister for another.

Men 'fell like a pack of cards'

Four men were on the deck outside the Portage Resort Hotel's restaurant and bar in the Marlborough Sounds when a rail ...

A group of men fell off a Marlborough hotel deck "like a pack of cards" after a railing collapsed, a witness says.

Salisbury takes heart 

Salisbury School at Richmond is the only national single-sex residential school for girls with intellectual disabilities.

Could the long fight to save Salisbury School be over with the change of government?

Marlborough

Men 'fell like a pack of cards'

Four men were on the deck outside the Portage Resort Hotel's restaurant and bar in the Marlborough Sounds when a rail ...

A group of men fell off a Marlborough hotel deck "like a pack of cards" after a railing collapsed, a witness says.

SH1 rebuild continues

Work at Ohau point on State Highway 1 on Thursday. The site is one of the critical parts of the rebuild.

Night-time closures, unsealed sections and lane closures will greet travellers when quake-damaged SH1 reopens.

Tiny train turns 50 video

Picton Society of Model Engineers members, from left, Brian Henstock, Kerry Johnson and Graham Low get the train ready ...

What a difference 50 years makes? Ten cents of a difference in fact.

All the fun of the fair

Hannah Schmitt and Scarlet Venrooy had a great time on the trailer ride last year.

The Linkwater School Spring Fair is on today, right on time to plant up your vegetable garden.

South Canterbury

It's coming down

Owner of the Hydro Grand, Allan Booth.

Timaru's Hydro Grand Hotel could be reduced to rubble by the end of November.

Disease 'contained'

22092017 News Photo: TOM LEE/STUFF - Dairy Cow, Farming, Fonterra, Cattle. Milking, Dawn Morning.

Ministry for Primary Industries confident Mycoplasma bovis is contained.

'Cautious optimism'

Federated Farmers South Canterbury chairman Mark Adams.

Hopes and fears have been raised by prominent South Canterbury figures now our new Government has been revealed.

Farewell to commissioner

Fairlie Primary School commissioner Terri Johnstone has said farewell to the school.

Fairlie Primary School is in a state of self-governence once more.

Otago

Ex-convict in compo bid

Rex Haig, of Dunedin, is hoping to lodge a compensation claim with the Government.

Rex Haig's murder conviction was quashed, but his fight for justice is far from over.

Location scout's extraordinary life video

Dave Comer was considered New Zealand's first professional film location scout.

From Barry Crump commercials to Peter Jackson blockbusters, Dave Comer connected NZ's landscapes with its people.

Fire rages near Te Anau

A large scrub fire covering more than 1300 hectares started at Mt Prospect Station near Te Anau.

Six helicopters are helping fight an out-of-control Southland blaze that's spread to more than 1300 hectares.

Boy seriously hurt in crash

A rescue helicopter lands at the crash site.

The long weekend is off to a bad start in the South Island, with a three-vehicle crash leaving a boy with serious injuries.

Southland

Fire rages near Te Anau

A large scrub fire covering more than 1300 hectares started at Mt Prospect Station near Te Anau.

Six helicopters helping fight out-of-control blaze that's spread to more than 1300 hectares.

Fishing for all

Greg Sheppard, from Te Anau's, Trout Observatory releases a rainbow trout into McGregor's Pond near Te Anau, under the ...

Southerners are spoilt for choice this weekend in terms of things to do.

Southland fraudster sentenced

The Invercargill District Court.

A Southland fraudster who admitted 16 dishonesty charges has been sentenced to community detention.

A passion for the immortal Mustang

Wayne Fabish, of the Taranaki Mustang Club, spent four years building up his 67 Mustang, which he is showing for the ...

The 38th National Mustang Convention taking place in Invercargill this weekend.

Ad Feedback