Liam Reid appearing in court via video link today. Photo / Jason Oxenham
Liam Reid appearing in court via video link today. Photo / Jason Oxenham
Murderer and rapist Liam Reid has appeared in the High Court at Auckland today claiming Corrections did not ensure his safety in prison by wrongly placing him in a maximum security unit where he was recently subjected to a violent assault.
Reid is seeking a judicial ruling from Justice Pheroze Jagose that Corrections has acted “illegally” and “unreasonably” by keeping him in a maximum security unit when his prison classification is lower.
Court documents provided to the Herald reveal Reid’s current security classification is “low-medium” - however he is being held in the maximum security unit.
Reid says he has “followed all legitimate reconsideration procedures for his placement to be reviewed” but Corrections has “declined” his request.
“(Corrections) has failed to consider all options of placement available for (Reid’s) placement to be consistent with his security classification at Auckland Prison,” his High Court application states.
“(Corrections) has not taken into account all relevant considerations for (Reid’s) placement to unit nine at Auckland Prison nor has (Corrections) considered this unit as a viable option of placement for (Reid).”
Reid appeared in court by video link from Auckland Prison. Photo / Jason Oxenham
Today Reid appeared via video link from prison for what was effectively an administrative hearing to timetable and arrange his next hearing.
His wife - former lawyer Davina Reid - was in court in person to support him.
She asked the court to appoint her as a McKenzie friend - someone who attends court in support of a party that does not have legal representation.
As Reid’s wife, she said she was restricted to a phone call once a week which meant she could not assist him with his case and left him “flying in the dark” and disadvantaged in terms of preparing for future hearings.
The Crown accepted Reid was entitled to help with his case and did not oppose it.
Alongside the assault, Reid says being in the wrong unit means he has been denied visits from his family including Davina Reid.
The pair married after she was caught smuggling a cellphone, cigarettes, and a lighter to Reid - her client at the time - while he was on remand at Mount Eden Prison.
The application outlines how Reid is “only unlocked every second day” and is “only permitted to one five-minute phone call every two days.
“(He) has not had any family visits since August 2021,” the application claims.
“(Corrections) has prevented family visits to this unit since the lockdowns were imposed in August 2021 in response to the pandemic.”
He said Corrections had “acted unreasonably” both in “maintaining his placement inconsistent with his security classification” and by “preventing family visits.
“(Corrections’) actions are wrong in law… and void,” the application said.
“(Reid) is materially prejudiced by (Corrections) abuse of power which contravenes… the New Zealand Bill of Rights Act 1990.”
He is seeking a legal declaration from the court that Corrections has “acted illegally through breaching its statutory powers” by failing to ensure his safety and place him in a unit consistent with his security classification.
“(Corrections) has operated unreasonably, prejudicially, and has abused its powers… (and) has breached its statutory duties and acted in bad faith by preventing all prisoners’ access to visits from their families and friends.”
Last month Corrections could not discuss Reid’s classification, citing Corrections’ legislative obligations under the Privacy Act 2020 - but said he had been “offered the opportunity to move to a different unit and declined.”
Corrections also confirmed that since February, family visits had resumed for Auckland Prison inmates “held in the low-security units.
“Due to the additional staffing requirements for other units in the prison, high security (units 1-5) and maximum security (10-13) prisoners, family visits are currently being facilitated via AVL on request,” a spokesman said.
“The Prison Director also has the discretion to permit visits in extenuating circumstances including on compassionate grounds and at times these have been approved.”All prisoners at Auckland Prison are also provided with free phone calls to remain in touch with family and friends.”
Liam James Reid in court after he was charged with murdering Emma Agnew. Photo / NZH
The Corrections Act 2004 allows for an inmate’s minimum entitlements to be “denied” if there is an “emergency in the prison, the security of the prison is threatened or if the health or safety of any person is threatened”.
“There have been a number of times recently where staffing levels have been less than required to safely unlock prisoners in maximum security units, which means they have been denied their minimum entitlement,” said the spokesman.
“We are doing everything we can to prevent this from happening, however the safety of our staff and the people we manage in prison is our absolute priority.
“(We) understand the impact that spending extended periods of time in their cells may have on them.
“Work is under way at the site to increase the amount of time maximum security prisoners are spending out of their cells and resume face-to-face visits with family where it is safe to do so.”
Reid has maintained his innocence since his arrest for Agnew’s rape and murder and is working with his wife and legal team towards seeking a further appeal against his conviction and sentence.
