Courtroom packed for landmark damages hearing

11.45am

Public interest today forced High Court staff to move the hearing of a landmark murder-related damages case to a larger courtroom in Auckland.

The case involves an action by Tai Hobson, the husband of one of three people murdered at the Panmure RSA in December 2001, against the Attorney-General.

Mr Hobson is claiming $550,000 in general and exemplary damages over the death of his wife, Mary, 47.

In a hearing that began this morning before a packed gallery of 40 people, the Crown is seeking to have the claim struck out.

Mrs Hobson, Wayne Johnson and Bill Absolum were killed by William Bell during the robbery. Another victim, Susan Couch, survived being beaten with a shotgun and left for dead in a pool of blood.

Bell was on parole at the time, having been released from prison part-way through a five-year sentence for aggravated robbery.

For Mr Hobson, lawyer Brian Henry told the court the statement of claim alleged negligence, breach of statutory duty and misfeasance. He said "the Parole Service literally did nothing" after Bell was released in July 2001.

Bell did not comply with conditions relating to alcohol and psychiatric treatment and to residency.

He was allowed to attend a liquor licence course and later began working at the Panmure RSA.

However, Mr Henry said, other RSA staff, including Mrs Hobson, were not told of Mr Bell's "propensity for violent crime".

As a result of the failure to monitor Bell, Mr Hobson had suffered the loss of his wife.

Bell, now 26, is serving a 33-year non-parole prison term for the murders.

The Crown is due to argue that Mr Hobson was owed no duty of care and that it could not be established that his wife's death had been caused by the breach of any particularised duties.

In brief remarks at the start of the hearing, crown lawyer John Pike said the Crown acknowledged that Mr Hobson had "suffered a tragedy that few of us can imagine".

He said the Crown's case was "advanced with no great joy" but only with public policy principles in mind.

- NZPA