Inaccurate translation aborts trial

A major methamphetamine trial was aborted after the High Court judge ruled that a court-appointed interpreter had made "significantly inaccurate" mistakes in translating evidence.

After concerns were raised by defence barrister Greg King, Justice Mark Cooper asked a second Cantonese interpreter to review the translated questions and answers given in evidence by the accused, who was facing a life sentence if convicted on the P charges.

The reviewer found examples of "significantly inaccurate" translation where words had been omitted, added and wrongly translated and the wrong choice had been made between words similar in sound.

"As a result, some questions received answers [from the defendant] which were non-responsive and might have appeared evasive," said Justice Cooper.

"In the circumstances I formed the view that it would not be fair to proceed and to do so might risk an unsafe outcome of the trial.

Justice Cooper said aborting the trial after five days was the result of "unsatisfactory events".

"It is obviously of fundamental importance to ensure that translations in criminal trials are of an appropriately high standard."

Mr King wrote to Justice Minister Simon Power about his concerns, which were forwarded to Courts Minister Georgina te Heuheu.

"That a trial in its fifth day has had to be aborted in these circumstances is quite unacceptable and a gross waste of time and resources for all concerned," wrote Mr King.

"Of even greater concern, however, is the potential for a gross miscarriage of justice had this not been detected and the trial continued."

Mr King became aware of the problems during the trial "only through good fortune" because his junior counsel Josiah and Jan Wong speak Cantonese.

He said that if this hadn't been the case, "the non-Cantonese-speaking judge, jury and counsel would have been none the wiser and we would all have been quite oblivious to the fact that my client was not being availed anything approaching a fair trial".

Mr King said serious issues about the quality of translation by the interpreter had been raised before.

"The integrity of any case in which this person has provided interpreting services must be seriously called into question."

He said an urgent inquiry was needed into translation services used by courts or investigating authorities, with a view to introducing a national standard before someone can interpret criminal cases. The stakes were "extremely high" for non-English-speaking defendants, who were vulnerable and must have accurate translating.

"It is a chilling thought that miscarriages of justice may result from substandard interpretations which go unnoticed."

A spokesman for Ms te Heuheu confirmed that she had received Mr King's letter but was not aware of any similar incidents.

The minister said the standard of the translation services in the aborted trial was unacceptable and she will ask her ministry to investigate further. "Translations provided in courts must always reach a high standard of accuracy in order to preserve a defendant's fundamental right to a fair trial."