KEY POINTS:
It was "inexcusable" that the criminal who killed Debbie Ashton was out on parole when he caused the car crash that killed her, Acting Police Minister Phil Goff has said.
Twenty-year-old Debbie Marie Ashton died in December 2006 after Jonathan Alan Barclay's speeding car crossed the centre line on Paton Rd, Hope, and crashed into her vehicle.
Barclay was a recidivist offender who had evaded prison by using his new identity under the police witness protection programme to be treated as a first-time offender.
State Services Minister David Parker today released the results of a Government inquiry launched last October into the circumstances around Debbie Ashton's death.
Kristy McDonald QC found a series of system failures and errors by staff within both Police and Corrections led to Barclay remaining in the community and driving a car when he should not have been.
Phil Goff said the human errors should not have been allowed to happen.
"Systems should have been in place to avoid such errors leading to the tragic consequences which occurred in this case," he said in a statement.
"Corrections and police accept in full the criticisms made and the recommendations to remedy the deficiencies that existed in the area of dealing with offenders who were witnesses and under the witness protection programme," he said.
"The offender should have been recalled to prison when convicted of driving with excess breath alcohol and the decision not to was inexcusable," Mr Goff said.
"Protection of identities under the witness protection programme is important but the paramount obligation of Corrections and police is to the safety of the community."
He said fundamental changes had been made to the management of offenders on the programme who were on parole.
"I am assured by both Corrections and police that the recommendations if the inquiry to prevent any further tragedies of this nature will be fully implemented."
Parents critical
Ms Ashton's mother, Judy Ashton, said this morning she felt far from satisfied after the release of the report and apologies from Police and the Department of Corrections.
"This is like looking into a muddy puddle. I can't see what is at the bottom of it. I don't know what changes they have made, and how do we check those changes have been made?" she said.
"We relied on them to get it right the first time, so what's to say they are not going to mess up a second time."
Police and the Corrections Department had admitted they had got it wrong, she said, but "only after we have had to push....only after we started rattling chains".
Mrs Ashton said the agencies had to have been aware when Barclay was sentenced to 5 1/2 years' jail for manslaughter last year what had happened.
"And nobody made any attempt to come and apologise to us or talk to us until we started pushing for this inquiry," she said.
It had taken nearly six months to get the draft ministerial report, and another seven months to get it finished.
"And these have been the longest seven months of my life."
Mrs Ashton said she had not yet even been able to grieve for her daughter.
"If I had let myself go down that track, I wouldn't have had the energy to (pursue the inquiry). That's something I need to deal with once this has got some kind of conclusion."
In a joint statement with her husband, Ted Ashton, she said: "We are so angry that an incompetent justice system allowed a convicted criminal on parole to run riot until he killed our daughter."
"The part that hurts so much is that her death was totally preventable if police and Corrections had done their job properly."
Report's findings
Barclay had been relocated to Nelson in May 2006 under the police witness protection programme and given a new identity.
A Crown request for continued suppression of Barclay's real name in connection with the programme was today rejected by Justice Simon France, who said the suppression covered only his assumed name.
In November, a month before the fatal crash, Barclay was convicted of driving with excess breath alcohol in the Nelson District Court. He was fined and disqualified from driving.
He failed to tell the police or the court his previous identity, and was dealt with as a first offender.
However, a month earlier, he had been disqualified from driving for 18 months and warned he would go to jail for further driving offences, after disclosing his previous name and his involvement with the witness protection programme.
Ms McDonald said there were no steps taken to ensure Barclay's real identity was known by the court.
"There were no steps taken to ensure this did not happen or to ensure that the court knew his birth name, that he was on parole, or that he had previous convictions," she said in her report.
"Not only have I concluded that there were a series of mistakes made by individuals, more significantly I have found that the systems, policies and practices in place at the time by the Department of Corrections and police were inadequate and contributed to these events."
She said there were failures in communication between government departments and within departments there was a lack of clarity on reporting lines.
"Further, there was a failure within the Department of Corrections to provide proper direction and oversight to those managing a parolee in circumstances such as those that arose in this matter."
'Poor decisions'
Police National Manager of Crime Services, Superintendent Win van der Velde and Katrina Casey, General Manager Community Probation and Psychological Services this morning apologised for the mistakes.
"Katrina and I have recognised the role our respective agencies have played in the death of Debbie Ashton and we have both apologised in person to Debbie's parents and family and expressed our deepest regret for their loss," Mr van der Velde said.
He said staff managing Barclay's parole put too much emphasis on the "covert nature" of the Witness Protection Programme.
"This approach meant the offender was not adequately managed and poor decisions were made at a number of key junctures."
The technology available meant Barclay's previous convictions were not linked to his new identity and communication between Corrections and Police was "inadequate", Mr van der Velde said.
Ms Casey said it was important both organisations learned as much as they could from their mistakes.
"It's an unfortunate reflection of the types of people we are managing, that when mistakes are made the consequences can be tragic," she said.
"In this case, both agencies have made significant changes to address the deficiencies identified during this inquiry and we are committed to working together to ensure we keep our communities as safe as possible."
Ms McDonald said all the individuals she had spoken to, and who had made mistakes, regretted them bitterly.
She said the majority of people under the witness protection programme had criminal backgrounds, often very serious ones.
"I have been told it is a necessary part of policing...and I have accepted this," she said.
"What is clear though is that if police wish to maintain such a programme...a high level of monitoring and supervision of those individuals is required."
'Changes made'
Ms Casey said both agencies had addressed a number of the issues raised in Ms McDonald's report - which was released to Government ministers last December - and the work was ongoing.
Corrections had developed clearer guidelines for the management of offenders on the Witness Protection Programme.
They included requiring all offenders on the Witness Protection Programme to be put on the Offender Warning Register.
Police had strengthened policy around the recording of contacts between witnesses and their case officers and the review of cases on "a weekly and monthly basis".
They had also introduced an electronic monitoring system to ensure any contact between police law enforcement and a witness was automatically and immediately notified to the Witness Protection unit and National Manager.
Both agencies said they had developed clearer lines of communication with each other.
