KEY POINTS:
Most crime victims will not have to go through the trauma of giving evidence twice under changes to the court hearings process, says the Government.
Courts Minister Rick Barker said yesterday that the Criminal Procedure Bill before Parliament would allow depositions hearings - which decide if a case should go to trial - to be based on written evidence, unless otherwise ordered by a judge.
His comments came after the mother of murdered 22-year-old Sophie Elliott told the Herald on Sunday that the legal process was taking a huge toll on the lives of family members.
Lesley Elliott gave evidence during last week's depositions hearing as University of Otago lecturer Clayton Weatherston was sent to trial charged with stabbing Sophie at the Elliott family home in Dunedin in January.
Mrs Elliott said it was "traumatic" giving evidence once and the thought of having to do it again was "hideous".
A friend of the Elliotts, Richard Oliver, told the Otago Daily Times that families were being "brutally punished" by a system that insisted on emotionally draining depositions hearings even when there was clearly a case to answer.
In her evidence, Mrs Elliott told the court that when she opened the door she saw Weatherston kneeling over Sophie's lifeless body.
"Sophie was lying dead, staring, and Clayton was still stabbing her. He was straddled across her legs and she had blood around her neck."
Weatherston then pushed the door closed in Mrs Elliott's face.
"It was [close] enough for Clayton to be stabbing with one hand and closing the door with the other."
Mr Barker said yesterday that the Government was aware of the impact that giving evidence twice could have on victims of crime.
"Recent media reports and public outcry have highlighted just how stressful the oral depositions process can be for the victims of crime," the minister said.
"By shifting the default position and allowing depositions to be based on written evidence, we can significantly reduce the pressures on victims who have to give evidence, free up court time, and make better use of police and judicial resources."
In any given year, thousands of hours of court time were spent on oral depositions and it was "obvious" to try to speed up the process, he said.
The Criminal Procedure Bill also seeks to address concern over the current double jeopardy laws. It has had its second reading in Parliament and is now before a House committee.
The Law Society and the National Party last year opposed law changes that would have allowed cases to go straight to trial unless either side wanted a depositions hearing.
