Claim by RSA victims fails

The Court of Appeal has dismissed a claim by two victims of the RSA killings who want to sue the Department of Corrections for negligence.

However, at least one of the victims - Tai Hobson, whose wife, Mary, was one of three people killed - has vowed to continue the fight.

"I will take it all the way. We are just going to keep going, we are not going to give up."

Mr Hobson initially took a case to the High Court but his claim that the Corrections Department was negligent in allowing a parolee to work at the RSA was thrown out.

He then appealed against that decision in a joint claim with Susan Couch, the only survivor of the killings.

Ms Couch was seeking $2 million for pain, suffering and damages caused when she was nearly beaten to death by William Bell at the Mt Wellington/Panmure RSA in December 2001.

Mr Hobson was seeking $550,000 for pain, suffering and damages.

The pair are fighting for the right to have their case against the Corrections Department heard in court.

However, yesterday's decision, which upholds the previous ruling by the High Court, prevents that.

The Court of Appeal ruled that Ms Couch had "no reasonable cause of action" to take a case against the department and Mr Hobson was even further removed from Bell's action.

Brian Henry, the lawyer for both victims, said that while the decision did not go their way, it was encouraging that not all of the three justices on the panel agreed.

Justice Grant Hammond said he felt it would be "premature to strike out Ms Couch's claim in negligence" but was overruled by his colleagues.

Mr Henry said it was likely the case would be taken to the Supreme Court but he was yet to discuss the matter with Ms Couch.

Ms Couch was understood to have been upset with yesterday's decision but could not be contacted last night.

Mr Hobson told the Herald he was surprised and disappointed by the decision.

"It was a bit of a let-down, I just can't see the justice system working."

However, he said he would not be deterred. His case was not about the money but about giving victims of crime a chance to have their case heard in court.

Sensible Sentencing Trust spokesman Garth McVicar said he was also disappointed by the decision.

"We are annoyed and Tai and Susan are absolutely frustrated but I suppose from our point of view we are not surprised.

"We have known for some time that we have had a criminal-centred justice system and if an offender wants to get compensation they have legal aid and everything available to them.

"From a victim's point of view, our justice system just forces them to wallow in the mire. They just can't even get their case heard in the court."

The Sensible Sentencing Trust has paid for the costs of taking the case to court, an expense which Mr McVicar estimates at close to $50,000.

The Bell case

* Dec. 2001, William Bell murders three people at the Mt Wellington/Panmure RSA and critically injures Susan Couch.

* Ms Couch and Tai Hobson, whose wife, Mary, was killed, want to sue the Corrections Department, saying it was negligent in letting Bell work at the RSA while on parole.

* A sole claim by Mr Hobson was rejected by the High Court. A joint claim was yesterday dismissed by the Court of Appeal.