Video hiccups in cannabis sentencing

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A cannabis grower has been sentenced to 12 months' home detention in what is believed to be the first such sentencing by video link, between Rotorua and Wellington this morning.

 

However, there were teething problems with the system when Gavin Herewini, 29, appeared in the High Court at Rotorua and the sentencing judge sat in the High Court at Wellington.

 

Witnesses have been able to provide testimony by video link for some time but it was the first time under new legislation that an accused has been sentenced via the link.

 

Herewini had earlier admitted one charge each of cultivating and possessing cannabis after police searched his house in December last year.

 

The hearing got off to a false start when Herewini's lawyer Robert Vigor-Brown started his submission before Justice Joseph Williams had entered the Wellington court room.

 

Crown prosecutor Sarah-Louise Wootton said she did not like being on camera, and Mr Vigor-Brown asked if the television screens could be adjusted to make him look slimmer.

 

When the hearing started properly there were still problems with paperwork, as the judge did not have a copy of a report into Herewini's suitability for home detention and a fines summary did not make sense.

 

The video link also allowed those in the Wellington court to hear Mr Vigor-Brown consulting with his client over fines repayments, which prompted Justice Williams to comment: "I am pretty sure we are not supposed to be hearing this."

 

In his summary the judge said police found a sophisticated growing operation, which they estimated cost $5500 to set up and would have realised $200,000, although Herewini said those estimates were exaggerated.

 

Justice Williams sentenced Herewini to 12 months' home detention. He must live with his partner in Hastings, not consume alcohol or drugs, and undertake an appropriate drug counselling programme. The conditions of his home detention will also allow him to keep his job at a local meat works.

 

A spokesman for the Rotorua court said it was the first time someone had been sentenced in the court by video link. He said any problems with overhearing lawyer-client conversations lay with the firm providing the link.

 

Meanwhile, technicians are testing the video link between Auckland District Court and Mt Eden Prison, which will allow prisoners to give evidence without having to be transported to the court. The technology could be ready for use later this month.

 

Date: 2 August 2010

Source: NZ: New Zealand Herald.com

http://www.nzherald.co.nz/nz/news/article....jectid=10663055