Compensation and apology for wrongful conviction
The Government has agreed to pay $351,575 compensation to Aaron Farmer for wrongful conviction and imprisonment, the Associate Justice Minister Nathan Guy has announced today.
Mr Farmer was convicted of rape in 2005 and spent two years and three months in prison. His conviction was quashed by the Court of Appeal and a retrial ordered after the court found his trial lawyer had not followed up on a potential alibi witness. He was discharged before the second trial began when a new method of DNA testing, not available at the time of his trial, confirmed he was not the offender.
“Hon Robert Fisher QC was asked to examine Mr Farmer’s case and he reached the view that Mr Farmer is innocent of the offence beyond reasonable doubt. The Crown accepts Mr Farmer’s innocence and unreservedly apologises to Mr Farmer for the devastating wrong he has suffered,” says Mr Guy.
“The payment compensates Mr Farmer for the non-pecuniary losses he suffered as a result of the wrongful conviction and imprisonment. These losses include his loss of liberty, loss of reputation, loss or interruption with family or personal relationships, and mental and emotional harm. The payment also acknowledges that some of the questions or suggestions put to Mr Farmer during his police interview were criticised by the courts.
“While the Crown’s apology and offer of compensation can never completely make up for the trauma and loss Mr Farmer has suffered, I hope it can go some way in helping him and his family put this very difficult experience behind them.
“I believe that New Zealanders on the whole enjoy a fair and effective criminal justice system. However, the system is not infallible. When mistakes like this happen, the Government must do its best to put things right. This compensation payment to Mr Farmer shows the Government’s commitment to acknowledging and addressing mistakes when they do occur.”