Frustrated judge lambasts Corrections over handcuffed defendants

Judge Noel Cocurullo was left frustrated after two prisoners appeared before him handcuffed on Friday, the third incident of handcuffing in less than two weeks. Photo / Christine Cornege

A frustrated judge abruptly ended two separate court appearances of defendants by audio-visual link and lambasted the Department of Corrections after discovering the prisoners were handcuffed.

While Judge Noel Cocurullo, sitting in the Hamilton District Court on Friday, said he didn’t have an issue with prisoners being handcuffed, he didn’t like not being given an explanation as to why the accused were wearing restraints.

It was the third time in 10 days that prisoners had appeared in his court wearing handcuffs, and it had left him unimpressed.

The first prisoner appeared before Judge Cocurullo on violence and driving charges on January 16.

The judge noticed the handcuffs and adjourned the matter for a please explain from the prison.

It was recalled after lunch, and with little explanation from the Corrections, the judge issued a memorandum to be sent to the department.

“I had no prior warning about [handcuffs]. It is discourteous to make a court appearance and no reason given why he was handcuffed. [Accused] is in prison but when he is on the screen before me he is before the court.

“The explanation from the prison is less than professional and discourteous.

“Corrections need to understand that they have the advantage of having prisoners appear remotely on the screen. When a prisoner appears on a screen they are in a court hearing.”

The judge ordered Corrections to alert the court if a defendant was going to be handcuffed during an AVL appearance. Photo / File

He ordered the minute be sent to prison management.

On Friday, two other defendants appeared via audio visual link, minutes apart, and again were handcuffed.

The first appeared from Auckland’s maximum security unit, Paremoremo, accused of burglary and theft charges.

A clearly frustrated Judge Cocurullo , immediately stopped proceedings and asked the registrar to get a prison manager on the screen before leaving the courtroom.

Shortly afterwards, he returned and explained the incident from earlier this month, how Corrections had responded with an apology from prison staff, but this time wanted staff on screen to explain what happened.

He issued a further minute, outlining how he had “no clue about why, for a court appearance, the Corrections Department has seen fit to have this man shackled to the front”.

He said he knew prisons were “challenging and dynamic” workplaces, and while he didn’t have an issue with a prisoner being handcuffed he had not been given the courtesy of an explanation.

“I am very concerned that this has happened again.”

However, another matter called, just minutes later, saw a prisoner at Spring Hill Corrections Facility in North Waikato, handcuffed. This time, the judge addressed the first accused’s counsel, Glenn Dixon.

“This has got to be taken up by the law society ... something is inherently wrong here. What other judge gets this?” he asked.

When told by lawyers they hadn’t seen it before, Judge Cocurullo replied, “I’m just the unlucky judge that on three days this has happened.”

“I will get an explanation for this. I don’t know what Corrections’ ultimate end game with this lack of communications is about.”

A Spring Hill officer then appeared on the link and explained how the accused had requested to be handcuffed.

He said there were new staff at the prison who were unaware of the procedure and that three officers were required to remove handcuffs.

He said he would inform other staff of the need to tell the court about any use of handcuffs.

Soon after, a prison manager from Auckland prison appeared and firstly apologised, before saying, “You may understand we’re currently going through a lot of staff retention issues”.

He added that the new staff involved knew of other AVL interview booths where prisoners were left handcuffed but didn’t realise the difference with court AVL appearances.

It was also harder to get handcuffs off maximum security prisoners as they entered their AVL booths as there was no “hatch” for the defendant to put their hands through to remove the restraints safely.

Judge Cocurullo accepted the apologies on behalf of Corrections’ staff, and, in a final minute, reiterated that any prisoner being handcuffed in an AVL appearance should communicate with the court first.