Judge slams delays in analysis of 'speed'

The High Court has slammed delays in analysing evidence from suspected methamphetamine laboratories as "intolerable" - it's severest criticism yet.

Justice Judith Potter made the criticism in the case of a drug suspect who has been waiting almost a year for his trial.

A backlog at the Institute of Environmental Science and Research (ESR) means some drug accused are held in custody for up to three years before their cases can be heard.

ESR blames soaring numbers of clandestine drug labs and a worldwide forensic scientist shortage.

In the latest case, Phillip Brian Marriner of New Plymouth has been remanded in custody twice and declined bail since his first arrest last July for alleged methamphetamine offences.

Justice Potter has described the potential delays for Marriner as "extremely serious".

It is understood the Government will next week announce initiatives to address the problem.

Justice Potter said the delays placed at risk the position of persons charged with offences and the rights that the law recognises in respect of them.

"The ESR situation ... can only be described as intolerable," she said on April 30.

"It is to be hoped that those with the power to change this situation will take urgent steps to change it, otherwise the situation which the court must consider today is likely to arise again and again and to get worse, not better."

Marriner's lawyer, Paul Keegan, said afterwards that the comments were the strongest to date from the High Court.

He had argued that Marriner had a right under the Bill of Rights Act to be tried without delay and to be informed promptly of the nature and details of the charges against him.

"The specific concern I have is that he can be in custody a long time without police establishing any case against him because of the intolerable delay with methamphetamine lab analysis."

Normally police took only eight weeks to put their case to court in a depositions hearing.

"Now we're in May 2004 and there's been no progress."

After his arrest in July, Marriner had been 54th on the ESR list. By January, he had slipped to 176th.

"That's a potential delay of three years," Mr Keegan said.

"It's a ridiculous situation. You can be locked up for years."

ESR general manager Wayne Chisnall said an American scientist had been hired to start work next month, after meeting Justice Ministry officials in February.

ESR had started reducing the lab case backlog. Police had provided a commitment that they would pay for all work on clandestine labs, including the backlog, as each case was completed.

The number of lab-testing staff has doubled to eight since 2001, but ESR has said more scientists are needed to cope.

Late last year, Justice John Priestley criticised the ESR delays, after Murupara drug accused Craig Mulder was told he might have to wait 18 more months for trial because of the delays. He had already spent seven months inside.

The number of clandestine labs discovered nationwide has risen rapidly to about 180 last year.

In the year to June 30 that is expected to reach 300 - far more than the eight scientists can handle. There is now a backlog of 170 cases.

National Party police spokesman Tony Ryall accused the Government of ignoring the growing backlog, despite knowing about it for two years.

Science and Research Minister Pete Hodgson told Parliament yesterday that the backlog of samples awaiting analysis was 165 at the end of last month but it peaked in December and was coming down.

- NZPA