Letters: Lauren Dickason tried under outdated laws; long delay in Darleen Tana inquiry unacceptable

Lauren Dickason at her sentencing in the High Court at Christchurch. Photo / Pool

Dickason tried under outdated laws

There will no doubt be an outcry over the perceived leniency meted out to Dr Lauren Dickason, who has been convicted of the murder of her three daughters. I do not wish to enter that debate.

The point I wish to make is that it appears to me that New Zealand law is outdated with regard to the defence of insanity in criminal trials. It still applies the M’Naghten rule of the 19th century, which only deems an accused insane if he or she is unable to appreciate the unlawfulness of his or her act due to a mental illness. Modern legal systems recognise a second aspect, namely the inability to act in accordance with that appreciation.

Ironically, Dickason would probably have been found not guilty by reason of insanity if she were to have been tried in a South African court. There the test for an insanity plea is stated as follows:

“A person who commits an act which constitutes an offence and who at the time of such commission suffers from a mental illness or mental defect which makes him incapable -

(a) of appreciating the wrongfulness of his act; or:

(b) of acting in accordance with an appreciation of the wrongfulness of his act, shall not be criminally responsible for such act.”

The M’Naghten rule recognises only the first part, that under subsection (a). Several modern legal systems, including those of a number of US states, apply the same test as that under South African law.

Dr C.G. Marnewick, Bucklands Beach.

Incomprehensible sentence

It is beyond any comprehension that a judge should sentence a mentally ill woman to 18 years in prison for unconscionable crimes she committed while obviously insane at the time. Anyone with half a brain could see that she is in no way a risk to the public.

Is this what this nation has come to - an obsession to build more prisons to lock up not just criminals but also those who need medical treatment and compassionate understanding?

I write in despair and overwhelming sadness.

David Barber, Waikanae.

Tana delay unacceptable

I write to express my frustration and concern regarding the seemingly endless delay in the inquiry into MP Darleen Tana’s alleged involvement in migrant exploitation.

It has been months since allegations of inappropriate behaviour surfaced, yet taxpayers are still footing the bill for her wages. The Greens appear to be dragging their heels in the hope that public interest will wane and the whole issue will quietly disappear.

It is imperative that the Greens and all involved parties face this issue head-on. The public deserves to know the findings of the inquiry and what actions will be taken as a result. We cannot allow important matters of potential misconduct to be swept under the rug.

I urge the Greens to uphold the standards they demand of others when it comes to contentious issues. It is time for openness, clarity, and swift resolution so that we can move forward with confidence in our elected representatives.

Alan Walker, St Heliers.

Ghahraman had a choice

Correspondent Emna MacIntosh, writing about Golriz Ghahraman’s mental health issues (NZ Herald, June 27), states that women have to be alert from birth – but there are always choices.

As a woman in her 70s, I understand New Zealand is not the safe place it used to be, and if I had to walk anywhere at midnight I would make sure I was not alone.

I also understand threats of the type in Golriz’s case would be upsetting, however again there is a choice. I could stay and endure the situation and be afraid for my life, or walk away from the toxicity from where the mental health issues emanate. It has been done before. Former National Party leader Todd Muller did that in 2020 after suffering mental health issues. He realised one’s health is far more important than any political aspirations.

Janet Boyle, Ōrewa.

Chairman cost NZ

Correspondent Paul Jamison, in his defence of KiwiRail chairman David McLean (NZ Herald, June 27) is mixing two things.

David MacLean may have been a perfect director for KiwiRail because he tried to maximise the company’s returns by rail-enabling the new mega-ferries. At the same time, he imposed a few extra billion dollars of cost on the country to pay for the new harbour infrastructure. That is his failure.

He also jeopardised future security of service because if one of the two mega-ferries was laid up for service or failure, he would lose half his transport capacity, instead of one-third or one-quarter if he had three or four smaller ships. Again, this would have cost the country millions while leaving KiwiRail unscathed. All of this to maximise rail transport, which becomes less important when trucks are using hydrogen as fuel.

K.H. Peter Kammler, Warkworth.