Grieving father wants change in jury system

The father of murder victim Philip Cowan wept uncontrollably before MPs yesterday as he told of his fury with a justice system unable to hold his son's killers to account.

Simon Cowan said from a victim's perspective, the system should be about "finding out the truth of what happened".

He broke down as he told of not being able to find Philip's body and the alleged murderers walking free from court.

"[Philip's] body was not recovered, so as a father and husband I cannot give my wife closure," Mr Cowan said.

Hardline Act MP David Garrett rose spontaneously from his chair and moved to comfort Mr Cowan.

Mr Cowan told Parliament's law and order select committee he was there because "it is important to me that the people side of things is not forgotten".

Philip Cowan, a designer who turned to dealing cannabis, disappeared while on a trip to Wellington from his Hawkes Bay home eight years ago.

Mr Cowan, an accountant from Taradale, was presenting a submission on the Government's Sentencing and Parole Reform Bill.

He said while he knew of the problems with parole, his wife Cathy did not understand because with no convictions their family had not been involved. "She would love the opportunity to deal with the parole system because at least that would have meant we'd got some sort of closure."

His son's case had shown the failings of the adversarial system based on a jury's "beyond reasonable doubt" verdicts.

"I can't do anything about Philip any more but this is fundamentally wrong. I think if you asked any Joe Blow New Zealander they would think truth is the core of the justice system."

Mr Cowan said he had put this to many lawyers, who replied: "Don't be silly - truth is nowhere near the goal."

He said the jury system was "past its use-by date" with people compromised by their own time constraints and personal commitments forced to make major decisions.

"I'm an accountant. I prepare tax returns. If I want my pipes fixed, I go and see a plumber. Why then do we put people from all walks of life into an environment they've never been in with lawyers and clever fellows who are experts at debating?"

Lawyers could twist and turn things, unlike ordinary people like him.

Mr Cowan suggested an inquisitorial system like that in France where the court is actively involved in determining the facts of the case.

National MP Simon Bridges, a former Crown prosecutor, told Mr Cowan he had highlighted the culture of a "cold prosecution" compared to the defence's "hands-on fight for your client".