Lawyers back judge who wiped teen's fines | Rotorua News | Local News in Rotorua
Lawyers back judge who wiped teen's fines
By KELLY BLANCHARD in Rotorua
Lawyers have come out in support of a Rotorua judge who was slammed for wiping a teenager's fines in exchange for community work.
Judge Phillip Cooper was slated last week after wiping a teenager's $43,000 court debt in exchange for 300 hours' community work. Judge Cooper said 17-year-old Nigel Caleb Wikiriwhi Dixon did not have any income and could not afford to pay the fines. The new sentence effectively means he will be paying back the fines at a work rate of $143 an hour.
New Zealand First MP Ron Mark called for Judge Cooper to be removed from the bench, saying he sent a wrong message to New Zealanders that it was okay not to pay fines.
But Rotorua Criminal Bar Association president Murray McKechnie says politicians have no right to personally attack the judge because he was only doing what the law allowed.
"Judge Cooper is a man of integrity and to suggest that he is soft or unfit for the job is outrageous," said Mr McKechnie.
Judge Cooper said he was unable to send the teenager to jail and to impose a harsher penalty would only be setting him up to fail.
Mr Dixon told The Daily Post he did have money but chose not to pay the fines because it was his way of getting back at the police.
He said he "survived by the things that I do" and admitted to committing crime such as burglaries.
He claimed he and his "Eastside crew" were picked on by the police, who he referred to as "pigs".
Mr McKechnie said the Rotorua Criminal Bar Association, which represents lawyers who regularly appear in criminal courts, did not accept the criticisms of Judge Cooper.
"A sensible law change would be more effective than abusing the judge."
Mr McKechnie said Judge Cooper was a senior district court judge who was highly respected by all branches of the legal profession.
"The legislation which the judge was applying gives him very little alternative other than to remit the fines.
"Personal attacks on judges by politicians are not helpful and they are in breach of a long-standing constitutional convention that politicians don't make attacks on judgements given in the courts."
Meanwhile, Rotorua police area commander Inspector Bruce Horne said the onus was on Mr Dixon if he wanted nothing to do with the police.
"Judge Cooper has obviously extended him an opportunity to sort himself out. Obviously the judge and the police are hopeful that he will modify his behaviour but if he chooses not to, his offending will not be ignored."
Mr Horne said everyone had choices and he strongly urged Mr Dixon to reconsider the ones he had made in the past.
"If he chooses to offend, we will continue to police his offending and that will result in court appearances."
The case has sparked national outcry, not only from politicians but also from members of the public annoyed the teenager has not been made to pay the fines.
United Future's law and order spokesman Marc Alexander said Mr Dixon needed a "sharp, short jail-time lesson and not the weak as water treatment" he was given.
"What we have here is an arrogant little snot thumbing his nose at society ... Like most people, I am sickened when I see this little yob, barely out of school shorts, telling the world that he has money but he won't pay fines because he hates the police."
Lawyers have come out in support of a Rotorua judge who was slammed for wiping a teenager's fines in exchange for community work.
Judge Phillip Cooper was slated last week after wiping a teenager's $43,000 court debt in exchange for 300 hours' community work. Judge Cooper said 17-year-old Nigel Caleb Wikiriwhi Dixon did not have any income and could not afford to pay the fines. The new sentence effectively means he will be paying back the fines at a work rate of $143 an hour.
New Zealand First MP Ron Mark called for Judge Cooper to be removed from the bench, saying he sent a wrong message to New Zealanders that it was okay not to pay fines.
But Rotorua Criminal Bar Association president Murray McKechnie says politicians have no right to personally attack the judge because he was only doing what the law allowed.
"Judge Cooper is a man of integrity and to suggest that he is soft or unfit for the job is outrageous," said Mr McKechnie.
Judge Cooper said he was unable to send the teenager to jail and to impose a harsher penalty would only be setting him up to fail.
Mr Dixon told The Daily Post he did have money but chose not to pay the fines because it was his way of getting back at the police.
He said he "survived by the things that I do" and admitted to committing crime such as burglaries.
He claimed he and his "Eastside crew" were picked on by the police, who he referred to as "pigs".
Mr McKechnie said the Rotorua Criminal Bar Association, which represents lawyers who regularly appear in criminal courts, did not accept the criticisms of Judge Cooper.
"A sensible law change would be more effective than abusing the judge."
Mr McKechnie said Judge Cooper was a senior district court judge who was highly respected by all branches of the legal profession.
"The legislation which the judge was applying gives him very little alternative other than to remit the fines.
"Personal attacks on judges by politicians are not helpful and they are in breach of a long-standing constitutional convention that politicians don't make attacks on judgements given in the courts."
Meanwhile, Rotorua police area commander Inspector Bruce Horne said the onus was on Mr Dixon if he wanted nothing to do with the police.
"Judge Cooper has obviously extended him an opportunity to sort himself out. Obviously the judge and the police are hopeful that he will modify his behaviour but if he chooses not to, his offending will not be ignored."
Mr Horne said everyone had choices and he strongly urged Mr Dixon to reconsider the ones he had made in the past.
"If he chooses to offend, we will continue to police his offending and that will result in court appearances."
The case has sparked national outcry, not only from politicians but also from members of the public annoyed the teenager has not been made to pay the fines.
United Future's law and order spokesman Marc Alexander said Mr Dixon needed a "sharp, short jail-time lesson and not the weak as water treatment" he was given.
"What we have here is an arrogant little snot thumbing his nose at society ... Like most people, I am sickened when I see this little yob, barely out of school shorts, telling the world that he has money but he won't pay fines because he hates the police."
Email
Print