Palmerston North Crown Prosecutor Ben Vanderkolk has handled some high-profile prosecutions, but the recent publicity over his rebuke and $20,000 costs order for serious errors and failures over a murder investigation delivered profile and questions that raise serious concerns among many in the New Zealand criminal justice system.
The unusual incident involving a senior Crown prosecutor has lead to the inevitable questions as to whether the case is an isolated one or represents systemic issues.
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Vanderkolk famously prosecuted Ewen McDonald over the killing of his former brother-in-law Scott Guy, as well as the equally notorious murder trial of Mark Lundy, who killed his wife and baby daughter.
Vanderkolk found himself as a defendant in a case relating to the 2016 murder of Palmiro MacDonald, shot and his body was dumped in the Tararua Ranges until found some time later by a hunter, where he faced allegations of improper conduct and potentially professional dishonor, with a proposed penalty of $125,000.
The case against MacDonald’s accused murderers, William Hines, Joseph Johnson, and Chea Hemara, was plagued by issues of non-disclosure by the police and Crown.
Lawyers for Hemara and Johnson argued that these delays and concealed evidence affected the fairness of the trial. Despite repeated denials from the Crown and police, significant failures in the case were brought to light, including undisclosed agreements with key witnesses.
The case was pursued by Wellington barristers Chris Stevenson and Elizabeth Hall (pictured).
One witness, known as Witness A, has an extensive criminal history for dishonesty and other offences and was offered a reduced sentence after a ‘letter of assistance’ had been provided by the Police in exchange for testimony, a fact that was concealed for a year.
High Court judge Rebecca Ellis criticized Vanderkolk for not investigating the matter when it was raised and for instructing officials to conceal his presence in key meetings. The concealment, alongside other failures like defying court orders to release data and using contradictory evidence from informants, led to Justice Ellis ruling that Vanderkolk failed to act as a “minister of justice.”
The decision, which orders Vanderkolk to pay the $20,000 costs for his actions, has sparked considerable discussion and underscores the heightened responsibility of Crown prosecutors to ensure fair trials and full evidence disclosure.
The New Zealand Law Society hasn’t commented on any potential investigations, and the police have refused to comment on the judgment.
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