Marceau inquest: Killer's lawyer refutes mother's evidence

Akshay Anand Chand in court after he stabbed Christie Marceau to death. Photo / New Zealand Herald

Akshay Chand's lawyer says his family was aware of the bail and supervision conditions and has refuted the evidence they gave yesterday at the inquest into Christie Marceau's death.

Chand's mother Suchita and sister Shayal told the inquest that they were not consulted before he was granted bail to their home, nor did they understand the court's expectation that he would be supervised at all times.

Chand's aunt Amita Williams gave similar evidence.



Under cross-examination, Suchita Chand conceded that she did tell her son's lawyer she could "keep an eye on" him, but she did not know that meant she needed to supervise him 24/7.

Around-the-clock supervision being "assured" by the family was a significant part of his application for bail.

Today, Chand's lawyer Mary-Anne Lowe firmly refuted the women's evidence, saying the family were at "a number of" bail hearing and "confirmed" to her that they could meet his bail conditions.

She was adamant that she explained the situation to them fully, and that they understood.

"I would speak to them before [each] hearing and after the hearing," Lowe said.

"I would have told them [about his charges] so that they were fully informed of what the situation was with him.

"I discussed it with the mother and the aunt about whether they wished him to come home, and was there adequate supervision and support for him if he was to come home."

Lowe said Chand's mother and aunt promised that the youth would not be left alone if he was bailed.

"I don't propose bail conditions unless I am assured they can be met," Lowe said.

"If that [supervision] was not possible, I would not have suggested that as a bail condition."

Chand kidnapped, threatened and assaulted Christie, 18, in September 2011.

He was charged and remanded in custody after his initial court appearance.

However, on October 5 he was granted bail.

Judge David McNaughton ordered him to abide by a strict 24-hour curfew and not leave his home unless he was attending medical or legal appointments, and only then if he was accompanied by his mother or aunt.

He was also ordered not to have any contact with Christie.

On November 7 he ignored all of those conditions, went to the Marceau home and stabbed Christie to death.

Lowe is one of the last witnesses to give evidence at the inquest into Christie's death before Coroner Katharine Greig at the Auckland District Court.

"I have been asked about what advice Mrs Chand and her sister Mrs Williams received from me about Mr Chand's bail conditions," she said.

"I recall Mr Chand's family were at a number of bail hearings; I spoke to them, particularly his mother, at all hearings, and also his aunt at most hearings.

"Mrs Chand and Mrs Williams were at court on 23 September when the matter was first called before Judge McNaughton.

"I had spoken to them before that hearing and was able to obtain assurances that their respective work commitments meant that Mr Chand would always be in the company of one or other of them at the home address if he was granted bail; if he had a 24-hour curfew."

Lowe said she was also advised that Chand's sister was "usually" at the address.

She said Chand's mother and aunt were in court on the day Judge McNaughton granted the youth bail.

"I spoke to Mr Chand's mother and aunt again before the bail on that date to confirm our previous discussions about the condition that he must not be left alone at the bail address without either his mother or aunt being present.

"They again confirmed the family was able to meet that bail condition and that they were there to take him home that day if he was granted bail."

Lowe recalled Chand was aware of an appointment that had been made the next week at a mental health outpatient unit.

"I had also told the family about the victim's view; namely that Ms Marceau did not want Mr Chand to be bailed.

Chand's lawyer grilled over bail conditions

Suchita Chand's lawyer Alex Witten-Hannah grilled Lowe under cross examination about the bail conditions.

He put to her that Chand being monitored by his mother and aunt 24/7 was not a formal bail condition.

That level of supervision was not noted on the written bail bond letter sent to Chand.

Lowe agreed that the written conditions did not convey the supervision requirement but maintained that it was discussed in court before Judge McNaughton and with Chand's mother and aunt.

"I asked them what safety mechanisms could be put around him if he was granted bail," Lowe said.

"I did not impose that condition on them nor did I suggest it [to the court] without the assurance that it could be done."

She said court transcripts from the bail hearing clearly showed that 24/7 supervision was discussed and that Judge McNaughton had asked for the names of Chand's mother and aunt.

She assumed that meant the bail condition would relay that one of the women had to be at the bail address with Chand at all times.

Witten-Hannah suggested that Chand's mother and aunt did not fully understand the bail condition.

Lowe said the word "monitoring" could have different meanings to different people - but she was confident at the time the women knew exactly what was expected of them because they had suggested the arrangement.

"It was a bail condition I was instructed could be offered to the court and if the court wished to impose bail, it could be met," she said.

The inquest heard yesterday that Suchita Chand and her sister never thought they would have to stay with Chand every hour of every day.

Due to work and childcare commitments, neither of the women were able to undertake that.

Lowe said had she been aware of that issue she "would not have been in a position to submit to the court that Mr Chand would never be alone".

Defence file on Chand destroyed before inquest

Lowe told the inquest that she had made notes during and after her discussions with Chand's mother and aunt at court.

However, her file had been destroyed shortly before she was informed she was required to give evidence at the inquest.

Lowe said she left the legal chambers where she was working at the time of Chand's case but left her files there in storage as her new office had no space.

When she was notified of the inquest she contacted her former chambers to organise access to the files and was told they had been destroyed "not long before".