Bar Association says misinformed criticism of judges is dangerous

The New Zealand Bar Association | Ngā Ahorangi Motuhake o Aotearoa is concerned by the anger being directed at the judiciary following Thursday's tragic shootings at Commercial Bay, Auckland last week.

The New Zealand Bar Association says misinformed criticism of sentencing decisions has the potential for disturbing consequences for the justice system and society generally.

The Bar Association Criminal Committee Co-Chair, James Rapley KC says while public discussion around sentencing is generally good, it becomes harmful when that discussion is based on incorrect information. Criticism of sentencing decisions by individual judges is easy to make but can ignore the wide range of information and factors which the judges have before them and must consider.

Maria Dew KC, President of the Bar Association, says the way our justice system operates, judges cannot enter public debate or defend themselves in these circumstances. She says that Judge Bonnar KC, the sentencing judge in this case, is being unfairly maligned. “As well as the personal difficulties this creates for the judge and his family, the wider implications of the undermining of our justice system through ill-informed comment on social media is also worrying,” she says.

James Rapley KC explains that "Judges must make their decisions according to the facts and following the processes and considerations set out in the Sentencing Act and by other similar cases. Our sentencing system is a product of a carefully developed framework. The Crown did not appeal his decision and that can be taken as acknowledgement that Judge Bonnar’s decision was accepted as appropriate. These are not arbitrary decisions made by judges.”

The Bar Association is totally supportive of our judges. New Zealanders should be proud that our judiciary is made up of people of his understanding, legal expertise and compassion.

We encourage interested members of the public to read reporting of this issue, in the accredited media rather than rely on incorrect statements in social media.