Prisoners aren’t really human – so torture and scalping are allowed

BoshierThree weeks ago, the Ombudsman Peter Boshier, issued a report which said the Corrections Department had been tying difficult prisoners to their beds for up to 16 hours a day. The report described one case as follows:

 “The man spent almost 600 hours restrained on the bed and in some cases was not released in order to go to the toilet. His limbs were not moved during the periods of restraint… The inmate also did not receive his medication upon being imprisoned… Corrections also failed to seek medical approval to secure the prisoner to the tie-down bed 36 out of 37 times.”

The five prisoners subject to this inhumane treatment were deemed to be at serious risk of self-harm. In the absence of adequate mental health treatment in prison, chief executive Ray Smith (below left) justified these extreme measures as the only way to keep these inmates alive.

Peter Boshier identified four different prisons where this insidious substitute for mental health treatment was taking place: in Auckland, Christchurch, Otago and Waikeria.  He said the way these prisoners were treated was so cruel, the Department was in breach of the Crimes of Torture Act 1989.

That’s a pretty serious allegation.  Section 3 of this Act, says that anyone who commits an act of torture in New Zealand can be sent to prison for up to 14 years. If it’s that serious an offence, you’d think the media would be up in arms, the police would take immediate action and the prison managers who allowed this mistreatment to take place would be prosecuted.

Ray Smith
Ray Smith: “Appropriate action was taken”

But that didn’t happen of course. Ray Smith assured the public that the matters were “fully investigated and appropriate action taken”.  You must be joking.  One prison officer was fired (for assaulting a prisoner who was already tied down). No one was prosecuted for torture and the media lost interest in the story two days later. Why? Because the victims of these crimes are prisoners; and for the last 20 years or so, with the willing help of the media, the Sensible Sentencing Trust and most MPs have successfully depicted prisoners as something less than human.

As such, they don’t seem to have any rights. Well that’s certainly what Labour MP, Stuart Nash, seems to think. After hearing last week that the High Court said convicted murderer, Phillip John Smith, had the right to wear a toupee in prison, Nash pushed his unrestrained mind into overdrive and posted a message on Facebook claiming “He has no rights!!”  He went on to suggest other inmates should scalp Mr Smith. This is what he wrote:

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Stuart Nash: “He has no rights!!”

“Scalping is associated with American Indians but it was actually started by Europeans. Perhaps someone in jail who isn’t too fond of monsters who destroy little boys’ lives by stealing their innocence in the worst way possible could reintroduce Mr Smith to the practice.”

Posting an incitement to violence on Facebook is a potential breach of section 22 of the Harmful Digital Communication Act which states:

  • A person commits an offence if the person posts a digital communication with the intention that it cause harm to a victim; 
  • Posting the communication would cause harm to an ordinary reasonable person in the position of the victim.

Will Nash be prosecuted? Of course not.  This is the era of fake news where myths, spin, and slander are normal narrative – often replacing the truth. Even law professors are not immune from this insatiable need to denigrate those in prison as less than human. In an opinion piece in Pundit, Otago law professor, Andrew Geddis (below) argues that Phillip Smith does have rights, including the right to wear a toupee. But in order to show he’s not a snowflake or a bleeding-heart blouse, Geddis describes Smith as ‘a piece of shit’ – adding ‘most definitely’ for good measure.

Geddis
Prof Andrew Geddis: Called Phillip John Smith “most definitely a piece of shit”

That may not be against the law – although one could well argue that such a ‘communication would cause harm to an ordinary reasonable person’. If someone texted that to a schoolboy (or girl), it would be called bullying. Calling an adult a piece of shit online (where it lasts forever), could well cause an ordinary person hurt and distress. Sometimes this kind of abuse leads to suicide.

The thing is – prisoners in New Zealand are barely seen as people, let alone ‘ordinary’ or ‘reasonable’.  You can say anything you like about them. It seems you can also do anything you like to them.  You can house them in shipping containers; feed them poor quality food; lock them up for 23 hours a day; deny them access to mental health treatment when they’re suicidal; expose them to fight clubs and violence; withdraw opiate pain medication when they need it; deny them access to the dentist when they have toothache or an abscess; prevent them from voting in elections; prevent them from talking to the media – the list goes on.

Now you can even torture prison inmates and encourage them to scalp each other.  Except for the Ombudsman, no one in New Zealand seems to give a shit – because according to the Sensible Sentencing Trust, Stuart Nash and now a prominent law professor in New Zealand, that’s all they are.

Qualified addiction counsellors not wanted in NZ prisons

addictionIn April last year, Radio New Zealand reported that the Corrections Department was paying for non-existent alcohol and drug counsellors. The story omitted the fact that most of the AOD counsellors who do work in the prisons are not actually qualified – at least not in addiction treatment.

The qualifications required to work as an AOD counsellor in prison are described in tender documents issued by Corrections recently. The documents relate to Drug Treatment Units (DTUs), the prison programme that inmates with addictions are required to attend. The tender states:

“DTU programme clinical staff and the DTU clinical manager will have a relevant qualification in psychology, counselling, psychotherapy or similar.

no-experienceRemarkably, the document does not specify that the ‘relevant qualification’ has to be a graduate degree. Nor does it state that clinicians require a qualification in the assessment and treatment of addictive disorders.

Currently an AOD agency called CareNZ has contracts with Corrections to run eight of the nine DTUs. CareNZ also has contracts with a number of DHBs up and down the country to provide addiction treatment to the public in community clinics. The DHB contracts are a great more specific. For example, CareNZ’s contract with the Waikato DHB says:

“Clinicians employed to deliver these services must have a level VII (graduate) AOD specific qualification.”

Clearly, the DHB’s want value for money; they want professional clinicians to treat addicts – ones who are specifically qualified in the treatment of addictive disorders. But Corrections doesn’t seem to care. Perhaps that’s because their clients are only prisoners – so any old counsellor with any old qualification will do. If that’s their attitude, no wonder drug treatment in prison doesn’t work.

Review of DTU’s under CareNZ

And it doesn’t work. Hundreds of inmates are put through these DTU programmes each year and they reduce reoffending by less than 5%. Mind you, 11 of the 12 rehabilitation programmes in prison don’t work. Corrections management are concerned about this because in 2011, Government set the Department a goal to reduce reoffending by 25% by June this year.

carenzThe Department seems to think the poor performance of the DTUs is CareNZ’s fault. They even initiated an evaluation of CareNZ’s performance by an independent consulting company, Julian King & Associates.   Amazingly, the independent review reported that CareNZ was doing fine. See Corrections pays consultant to whitewash failure of rehabilitation programme.

So when RNZ reported that Corrections was paying for non-existent counsellors, Corrections’ Southern Regional Commissioner, Ben Clark, spun the story like this. He said:

“If we had cause for concern that Care NZ weren’t delivering an effective service to our offenders, and weren’t giving the taxpayer good value for money, then absolutely we would look to put that money elsewhere, but so far we have no evidence of that being the case.”

Less than 12 months later, Corrections has decided to put the taxpayers’ money elsewhere. They’ve put the DTU contracts up for tender.  The tender process is nearly complete and my sources tell me that six of CareNZ’s eight contracts have now been offered to other AOD treatment agencies. But as described above, neither CareNZ nor any of the new treatment agencies will not be required to use qualified or experienced clinicians.

Prison inmates have extra needs

comorbidThis makes no sense whatsoever. There are now over 10,000 people in prison in New Zealand and up to 90% of them have problems with substance abuse. At least 45% of inmates also have underlying personality disorders, mental health problems, and learning disabilities. They often use alcohol and drugs to alleviate the symptoms associated with these disorders.

Not forgetting that addictions are hard to treat at the best of times; treating inmates with coexisting disorders is even tougher. The counsellors who work in prison therefore need to be as qualified, if not more qualified and more experienced, than AOD clinicians in the community. At the very least, they need to have a graduate degree in the assessment and treatment of addictive disorders; and they need at least five years’ experience working with addicts in the community before starting work in a prison.

So what’s happened is that Corrections has used CareNZ as a scapegoat. That particular agency’s role in the prison system has been cut, but nothing will change if the clinicians doing the counselling can’t cut the mustard.  To use another analogy, changing agencies is akin to re-arranging the deck chairs on the Titanic; unless the right people are sitting in the right chairs, the ship is still going to sink.

David Bain’s wikipedia page unbalanced, biased & misleading

wikiDavid Bain’s wikipedia page is so biased it breaches one of wikipedia’s five key pillars – the one on neutrality. For the real story, with details about every aspect of the case and the people involved, click here.

Wikipedia has strict policies about the nature and quality of information or pages added to its website. The articles are supposed to be written from a neutral perspective, presenting all the major points of view, especially on controversial subjects. This is how wikipedia describes neutrality:

“All encyclopaedic content on wikipedia must be written from a neutral point of view (NPOV), which means representing fairly, proportionately, and, as far as possible, without editorial bias, all of the significant views that have been published by reliable sources on a topic…  

Biased (or one-sided) information can usually be balanced with material cited from other sources to produce a more neutral (or balanced) perspective…

When reputable sources contradict one another, and are relatively equal in prominence, describe both points of view and work for balance.”

Wikipedia also has a policy called BLP – biographies of living persons. It says:

“Editors must take particular care when adding information about living persons to any Wikipedia page. We must get the article right… Wikipedia is an encyclopaedia, not a tabloid: it is not Wikipedia’s job to be sensationalist, or to be the primary vehicle for the spread of titillating claims about people’s lives.”

However, the wikipedia page about David Bain is far from neutral or ‘right’.  The following describes some of the problems with the page:

1) The title of the page – Bain family murders – is deliberately misleading:

Wikipedia notes that: “In some cases, the choice of name used for a topic can give an appearance of bias.” In David Bain’s case the title, Bain family murders, implies that all those who died, including Robin Bain, were murdered. It therefore points the finger at David. In so doing, it negates the alternative option put forward by the defence, that Robin Bain killed his family and then committed suicide.

The page should either be called David Bain, which, by itself, does not accuse him of anything, or possibly called the Bain familicide which is how family killings are described by criminologists – and which doesn’t point the finger at any one person.

balance2) Lack of balance in content

a) More information describing the guilty verdict than the non-guilty verdict.The article has five paragraphs describing what happened at the first trialat which David was found guilty. The section on the retrial, at which David was found not guilty, contains only two sentences. The retrial section does not mention any of the information presented by the defence which was the basis for the not guilty verdict. It simply says he was found not guilty – as if it was some kind of fluke.

privy-councilb) Key information missing from Privy Council section.The section on thePrivy Council mentions nine points that David’s defence team presented to the Privy Council but doesn’t describe any of them in any detail. As a result, the article omits all the information necessary for the reader to understand why the Privy Council came to the conclusion that there had been a miscarriage of justice.

The section on the Privy Council contains only one paragraph about what happened. There is more information detailing the case against David in the first trial (where he was found guilty), than in the Privy Council hearing and the retrial combined.

c) The section on Joe Karam has been removed.  Joe Karam played a key role on David’s long battle for freedom and then fought for his compensation once he was released. There should be a separate section describing his involvement in the case. But he gets only three lines in passing under the section headed appeals.  This means the extensive evidence that Karam put together suggesting that David was innocent and that Robin was the likely killer is entirely missing from the page.

d) The section on compensation also omits key information:

compAbout the judges. There is no mention of the vastly differing reputations of the two judges charged with investigating David’s compensation claim – Ian Binnie and Ian Callinan. Binnie had an impeccable reputation as an international jurist; Callinan had a very dodgy reputationand, by all accounts, was only appointed as a judge in Australia because of his conservative views. He seems to have been appointed to adjudicate Bain’s compensation claim for the same reason.

About the quality of Callinan’s report. Although the article contains some analysis of Binnie’s report (by Judith Collins and Robert Fisher), there is no analysis of Ian Callinan’s conclusion that David had not proved his case. Joe Karam pointed out that Callinan’s report contained many of the same errorsthat Binnie was accused of making, which is why he and the defence team were going to challenge it in court – until David decided to accept the $925,000 non-compensation offered by the Crown if he gave up all further legal action.

About Judith Collins.  Judith Collins’ decision to give a copy of Binnie’s report to the Solicitor General and the Police is mentioned but her decision not to give a copy to David’s defence team is not. Although the article says that Bain subsequently filed a claim in the High Court alleging Collins had breached natural justice, it doesn’t say why; and there is no indication of the controversy this caused or the bias that Collins displayed in handling the case.

Although the article mentions that the public mostly thought Bain should receive compensation, there is no mention of the criticism from numerous academics about the Government’s handling of the compensation claim which, in the end, involved three lengthy reports and cost just as much in legal fees as David got paid out.

Not only did David struggle to find justice in New Zealand, he won’t find it on his Wikipedia page either.

Why Bill English booted Collins off Corrections

The Corrections Department in New Zealand puts out a monthly magazine called, guess what – Corrections Works. This pithy little propaganda sheet provides a pat on the back to any Corrections staff who perform up to expectations or do anything reasonably well in the previous month. The magazine also contains a monthly Message from the Minister, in which, just before Bill English gave her the push, Collins confesses that under her control, Corrections hasn’t been working at all.

For years, the Crusher has consistently claimed the Department is “extremely focused on reducing reoffending” but in Corrections Works, she reveals – with great embarrassment – that:

rehab“The target of reducing reoffending by 25% by 2017 was a laudable aim… (but) progress is slow, the reoffending rate has dropped by (only) 5.6%.” 

Of course, no one at Corrections reveals that the figure of 5.6% only applies to the first 12 months after release from prison. Beyond that there is no reduction whatsoever and 50% of inmates are back inside within five years.  So this is Collins’ most fundamental failure – making bold claims about reducing reoffending – but not being able to perform.

Collins is also responsible for the overcrowding crisis in our prison system which has contributed to these poor results. There are now over 10,000 Kiwis locked up – an all-time high. This mass incarceration is almost entirely due to the raft of ‘tough on crime’ Bills introduced by Judith as Minister of Justice from 2011 to 2014.  She pandered to ACT by passing the three strikes law; made sweeping changes to bail laws making it much harder for defendants to get bail; and raised the bar for prisoners seeking parole so they end up serving more time in prison and struggle to reintegrate afterwards.

Although all categories of prisoners are up, the biggest increase has been in the number held on remand – Kiwis that have not yet been found guilty of the crimes with which they are charged.

collins3These policy changes have put the prison system under enormous pressure. This pressure cooker has had the biggest impact on Mt Eden prison where most remand prisoners are held.

There is also no getting away from the fact that Collins was the Minister in charge of Corrections when Mt Eden was contracted out to Serco, a private British company with a well-established track record of failure. We all know how that turned out. Poor old Sam Lotu-Iiga carried the can for the fight club debacle, but there is no doubt he was set up to fail by Collins. As The Spinoff argues in this excellent analysis of Judith Collins’ many failures:

moj “It is the Minister of Justice who sets the agenda and the policies for the justice system. Corrections just wipes up the mess that follows.”

Before Bill English gave her the boot as Corrections Minister, Judith got to announce one more massive mistake which is likely to have a detrimental impact for years to come.  Displaying her punitive personality for all to see, she proclaimed (in Corrections Works) she “was pleased to announce that the government has approved plans to increase prison capacity by 1800 beds” and that the Government was going to spend (in reality waste) $2.5 billion of the taxpayers’ money doing so. Collins was pleased because she continues to believe that prison deters criminal offending – and has never bothered to read the criminology research which overwhelmingly shows that prison acts more like a university for crime than a deterrent.

overcrowding

Bill English, on the other hand, believes that early intervention and targeting dysfunctional or struggling families is the best way to help at-risk kids before they become the next generation of prisoners. He quotes research which shows that on average, children brought up in at risk environments will cost the state $270,000 over their lifetime compared with just $33,000 for those who are fortunate enough to be born into pro-social environments which are relatively risk free.

Bill has the support of the new Justice Minister Amy Adams who says the Government doesn’t have “vast amounts of money to throw at new things”, but was going to look at social and mental health interventions with at risk families to see if they would make a difference.

Ironically, the reason the Government doesn’t have vast amounts of money to address the drivers of crime is because they keep spending it on new prisons. And this is why Bill had to fire Judith. Using her roles as Justice and Corrections Minister, Collins has been taking the country in a direction that Bill clearly doesn’t want to go.

So does this mean that as Prime Minister, Mr English is now going to cancel the new prison and put the $2.5 billion into social justice investment? Not bloody likely. Not unless he wants to lose the next election as badly as he did in 2002. For Government, holding onto power is always more important than implementing evidence based policy that might actually make a difference.

scapegoatThere is a cheaper option. The government could simply repeal Judith’s Bail Amendment Act and reduce the prison population overnight. That would save $2.5 billion at the stroke of a pen.

What are the chances of that happening? None whatsoever.

That would be an admission of failure. For politicians, sticking to your guns – even when you know you’re heading in the wrong direction – seems to be far more important than admitting you made a mistake. It’s much easier to find a scapegoat and blame it all on him, or her. Who fits the Bill? Judith Collins, of course.

Bill English admits his Government is a moral & fiscal failure

bill-2
Prisons are a moral and fiscal failure

In 2011, Bill English claimed that prisons were “a moral and fiscal failure” and New Zealand should never build another one. Well said – and achievable – but only if Governments stop pandering to the so-called Sensible Sentencing Trust and the moral panic manufactured by the media whenever a violent crime occurs.

Later that year, the Government set the Corrections Department a goal – to reduce reoffending by 25% (by 2017).  Perhaps Mr English thought that if reoffending declined, so would the prison population – or at least it wouldn’t go up.

In October this year, Mr English and the Government had to admit total defeat on both counts. Reoffending has been reduced a little (by about 8%) – but only in the first 12 months after completion of a rehabilitation programme.  After that, the reoffending rate is back to normal – which means 52% of prisoners return to prison within five years. The long-term reoffending rate has not changed in years.

In the meantime, the prison population has hit an all-time high and the government says it is going to build yet another prison. This increase in prison capacity is going to cost you and me, the taxpayer, an additional $1 billion. Imagine what the education sector could do with another billion dollars – more teachers, better pay, smaller class sizes, with staff satisfaction and retention improved. Imagine what the health sector could do with another billion dollars – reduced waiting lists, better access to mental health care and addiction treatment, better support for those on low incomes and a reduction in New Zealand’s escalating poverty statistics – all of which would likely lead to less crime.

We have to provide the capacity – yeah right!

Announcing his Government’s moral and fiscal failure, Finance Minister Bill English contradicted his 2011 statement about no more prisons saying: “This is something that has to be done. We have to provide the capacity.”

Phil Goff.jpgNo – we don’t. There is absolutely nothing inevitable about this increase in our prison population.  It is entirely the result of penal policies passed by both Labour and National governments in the last few years – policies which have been getting more and more draconian. In a press release in 2002, Tougher laws driving up prison population, Justice Minister Phil Goff said tougher sentencing and parole laws enacted by the Labour government would increase the prison population by over 20% in the next seven years.

This year Judith Collins said the continuing increase was due to tougher laws passed by National. She said criminals are getting longer sentences but that the muster blowout since 2014 has mostly been driven by a 40% increase in the number of prisoners on remand. That blowout stems from changes to the Bail, Sentencing and Victim’s Rights Acts.

There is absolutely nothing inevitable about this. Prof John Pratt of Victoria University would say it is entirely due to political populism – whereby politicians follow the dubious wisdom of victims groups and the media instead of taking advice from criminologists and justice sector experts.

How Finland cut its prison population

Finland is an example of what can happen when politicians listen to academics. In 2006 in Little done to break cycle of offending, Simon Collins wrote:

“Finland has cut its imprisonment rate by two-thirds in the past 50 years, with no apparent effect on the crime rate.”

He quotes Tapio Lappi-Seppala of the Finnish Institute of Legal Policy who said Finnish judges, lawyers and politicians were ashamed of their high rate of imprisonment compared with other Nordic countries which had quite low rates.

In the 1960s, on their own initiative, judges in Finland started imposing shorter sentences on a variety of offenders. In the 1970s, politicians backed up the judges with two key law changes: imprisonment for theft and drink driving were abolished and replaced by fines and ‘conditional imprisonment’ – offenders stayed out of jail as long as they did not reoffend. Then in 1994, a new sentence of community service was introduced to replace short jail terms.

The result was a dramatic drop in the rate of imprisonment from 195 down to 66 inmates per 100,000 of the population. This proves it can be done. During this same period (1960 to now) New Zealand’s rate of imprisonment has gone up and up. In 2016, it topped 200 people per 100,000 – four times higher than Finland’s. This puts us on a par with Mexico (204) and way above Australia (152), the United Kingdom (146), China (118) and Canada (114). Altogether New Zealand locks up more people per head of population than 150 other countries.

Liam Martin
Dr Liam Martin: “Its time to start making different choices.”

Attempts have even been made in New Zealand to turn this around. In Lessons from youth justice for our prison policy, VUW criminology lecturer Dr Liam Martin notes:

“It’s time to start making different choices. Our history of youth justice is a reminder we have changed paths before: in less than a decade between 1988 and 1996, we cut the number of children in state institutions from 2000 to fewer than 100.”

If we can reduce the number of children in state institutions (and the number of psychiatric patients in state care), surely we reduce the number of adults in our prison system. Spending $1 billion to increase prison capacity is an irresponsible and appalling waste of taxpayers’ money. It would be much better spent in the education and health sectors – where it would actually contribute to reduced offending.

The research on familicide all points to Robin Bain as the killer

david-bainFamilicide is the name given to a particular kind of multiple murder – where one member of a family kills virtually everyone else in the family. If the perpetrator commits suicide afterwards (which occurs in 60% of such cases), it is referred to as familicide-suicide.

In June, 1994, David Bain was accused of shooting all five members of his family – the crime of familicide. He was found guilty and sentenced to life in prison – although according to Canadian judge Ian Binnie ‘no plausible motive ever emerged’.  He spent 13 years in prison before a retrial, at which he was found not guilty.

Throughout this process, David’s defence team argued that Robin Bain killed his wife and children while David was out delivering newspapers; that he typed the cryptic message found on the family computer (‘Sorry. You are the only one who deserved to stay’) and then shot himself – in a case of familicide-suicide.

Callinan
Ian Callinan: forced to stand down in Australia because of perceived bias

Binnie said David should get compensation. The Government didn’t like that idea and shopped around for another judge – one who was willing to write a report declaring that David didn’t deserve it. They found one in Ian Callinan QC, who had a history of bending the rules in Australia.

So far, not much has been reported in the New Zealand media about Callinan’s dodgy legal ethics or the extraordinary flaws in his compensation report. But there’s a wealth of information available on the David Bain Campaign website.

Familicide

But there’s another side to this story which has not seen much daylight either. A systematic review of the literature on familicide  found a number of common factors in such incidents. The first is that in 95% of cases where both parents were killed, the perpetrator was the father. Only 1% of familicides are committed by an adult son. The researcher wrote:

“In cases where (one of the) sons killed both parents, the research indicates that the perpetrator is always either severely abused, suffering from severe mental disorders (usually psychotic) or psychopathic. There are no identified cases where the son exhibits none of these pathologies and does not commit suicide.”

robin-bain
Robin Bain fits the profile for familicide

Second, many of these fathers displayed symptoms of depression prior to the killings and a number of Robin Bain’s professional colleagues testified to this effect. Fellow teachers described Robin at the time of the killings as “deeply depressed, to the point of impairing his ability to do his job of teaching children”.

He also published graphic and inappropriate stories of violence and killings by his 9-year-old pupils in the school newsletter; one of those stories involved the murder of an entire family. The president of the Taieri Principals’ Association at the time, found this “unbelievable” and regarded the publication of these stories as “the clearest possible evidence that Robin Bain had lost touch with reality due to his mental state” (Privy Council, 2007, para 41). The publication also suggests Robin had possibly been planning to kill his family months in advance.

It appears Robin Bain never sought professional help for depression, but this is another point of commonality; fathers who commit familicide tend to view themselves as the head of the family, and “control their outer image closely, rarely confiding in people or seeking help”. The fact that family and friends said Robin appeared to be happy is consistent with other familicides; such men internalise their personal sufferings in order to maintain appearances.

Angry vs despairing perpetrators 

The literature also suggests there are two types of familicide perpetrator. At one end of the continuum, there is the angry type – men who have displayed a well-established history of anger and hostile behaviour, especially towards women. For this type, the killing of one’s partner and children is an act of revenge or punishment, usually following parental separation. At the other end of the continuum, there is the despairing type of perpetrator who has no previous history of hostile behaviour and is generally well regarded in the community. This description applies to Robin Bain.  For this type, familicide, followed by suicide is “an escape both for himself and his family from an intolerable future”.

In addition to feelings of depression and anger, the literature shows that familicide is generally preceded by a prolonged build-up of shame. This usually follows parental separation or a serious breakdown in the relationship; loss of employment or significant financial losses may also be involved.  These lead to a psychological loss of control and/or a perceived loss of social status.   Robin Bain also fits this profile. He and Margaret had been estranged for several years and by all accounts, he was unfulfilled in his job. He had applied for a number of other teaching positions, but was unsuccessful.

But for Robin Bain, there may have been an even greater source of shame. He was a Christian, a Freemason and a respected member of the community. At the second trial, witnesses said he had been committing incest with his youngest daughter, Laniet, ever since the family came back from Papua New Guinea. If indeed he had been molesting her, this would have created intense feelings of guilt and internal conflict. It seems that “despair is the end-state for these perpetrators”.

The triggering event

The research also found that in most cases of familicide there is usually some kind of triggering event, one which leads to a sense of “ignominy, terminal public shame, mortification and self-disgust”.  Testimony at the second trial suggests Laniet was about to reveal to the rest of the family what her father had been doing to her. It seems the potential loss of face Robin Bain was facing was so great, he not only killed everyone else in the family (except David), he also shot himself. This is another point of commonality.  In over 60% of familicide cases, the offender subsequently commits suicide.

In summary, David Bain did not have an identified motive, did not have a mental health disorder and did not commit suicide. Robin Bain did, or had, all three. In every single aspect of this case, it is Robin Bain rather than David Bain, who fits the profile of the typical perpetrator of familicide, followed by suicide.

Corrections should get rid of all 2,500 volunteers

NuiBlack power member, Ngapari Nui (right), has been working as a prison volunteer for the last five years trying to steer young gang members away from crime. By all accounts he’s been doing a great job.

But this week Mr Nui was given the boot after the so-called Sensible Sentencing Trust made a complaint to Judith Collins claiming that gang members should not be allowed to volunteer in prison. Since then two other volunteers, who also used to be in gangs, have also been shut out.

This puts Collins at odds with her management team – because Corrections likes to use volunteers. On their website, the Department describes how important  the role is to them:

Volunteering within Corrections supports our goal of reducing re-offending, by assisting offenders to meet their rehabilitative needs and transition back into society (reintegration).”

Over 2,500 well-meaning Kiwis are currently authorised by Corrections to fill this role. Despite their good intentions, the reality is that these volunteers don’t make much difference.  About a quarter of ex-prisoners reoffend in the first 12 months of release and nearly 50% are back inside within four years.

Who you gonna call?

There’s a reason these volunteers are ineffective. It’s because reintegration is a job for professionals and those doing it should get paid. Look at it like this. What if police officers didn’t get paid? Suppose the police was a volunteer force – no skills or training required. Would you feel safe in your community? What would happen to the crime rate?

What if teachers didn’t get paid?  And only those who love working with kids could volunteer. What would happen to our kid’s education if we did that? What if doctors, nurses and social workers didn’t get paid?  What if prison officers didn’t get paid? Only volunteers with authoritarian tendencies required. How many would put themselves forward for that – especially if they were asked to volunteer at Paremoremo.  What if city councils relied exclusively on volunteers to collect the city’s rubbish? Man, what a mess that would make.

With the exception of rubbish collectors, the people who do these jobs are mostly professionals, with years of training and experience. No doubt there’s a bad apple here and there, but most of them are also dedicated – they believe in what they do and they make a valuable contribution to society.

At the heart of all this is the old fashioned principle that if what you do is worthwhile and makes a difference, then you should get paid for it; and the more specialist your skills are, the more you make.  This is how it works in a modern economy.

Rubbish bagPicking up the trash

So what does this say about the use of volunteers to reintegrate prisoners and reduce reoffending? It says that Corrections regards the resettlement of prisoners in the community as less important than rubbish collection – just chuck them out on the street and see if anyone volunteers to pick them up. It means that as a society, those coming out of prison are worth less to us than our garbage. And it means all the political posturing about reducing reoffending is not worth the paper it’s printed on.

These are human beings we’re talking about. If we treat them like rubbish, they go back to the dysfunctional environments they came from punctuated by poverty, unemployment, substance abuse and violence.

Carruthers.jpgJudge David Carruthers (left), current chairman of the IPCA and former chairman of the parole board, points out that in Canada, 60% of prisoners are released into halfway houses funded by the Canadian Correctional service; and that this has helped to cut reoffending rates dramatically. Canada now has over 250 halfway houses which provide counselling support and additional rehabilitation programs for ex-prisoners.

The staff in these houses are not volunteers; they’re paid professionals. Why? Because the Canadian Corrections service understands that this is not a job for volunteers, and those who do it make a valuable contribution to society, and should be paid accordingly.

In New Zealand, the Corrections Department provides funding for only two halfway houses in the whole country – Moana house in Dunedin, and Salisbury Trust in Christchurch. These two facilities provide beds for a grand total of 25 ex-prisoners at any one time – bearing in mind that about 20,000 people circulate through our prisons every year.

Prison cartoon.jpgThere are no halfway houses funded by Corrections in the North Island where the bulk of the prisoners are held; and there are no halfway houses for women anywhere in the country.

In addition to limited funding for half way houses, in 2013 the Government agreed to fund five agencies to provide Out of Gate reintegration services – to the tune of $10 million over two years. That’s $5 million a year – not much when you consider that crime costs the country at least $9 billion a year and the prison population is at an all-time high of 9,500.

Because these agencies are paid so little, they have no choice but to rely on volunteers. Perhaps it should be no surprise that New Zealand has one of the highest ratios of volunteers to prisoners of any country in the world. That says something about the compassion of the average New Zealander. But it doesn’t say much for the Corrections Department which treats those coming out of prison with less respect than the rubbish we put out on the street.

The reality is that even our rubbish is picked up and recycled by people who get paid – and I bet that costs a lot more $5 million a year.