Police and prisons face legal action over Burton

Police and prison chiefs are facing legal action on two fronts over alleged failings to keep the public safe.

The Sensible Sentencing Trust is taking police and prison managers to court over the murderous rampage of Graeme Burton, who killed father-of-two Karl Kuchenbecker in the Lower Hutt hills while on parole in January 2007, The Dominion Post reported today.

Officials are also facing private prosecution over failures leading to the death of Nelson woman Debbie Nelson, who was killed in a collision with a car driven by a repeat drink drive offender.

Papers in the Burton case have been filed by trust spokesman Garth McVicar against Police Commissioner Howard Broad, Wellington police chief Pieri Munro, Corrections chief Barry Matthews, former Rimutaka Prison manager Christopher Smith, and probation service manager Katrina Casey.

A report released by Auditor-General Kevin Brady in March showed the department failed to follow procedure in Burton's parole.

Mr McVicar said there was clear evidence that ministers and managers involved with parolees like Burton had not taken steps to prevent serious and predictable harm.

Karl Kuchenbecker's father Paul said the action was not about money.

"People are only going to learn from their mistakes if they are punished for them."

Judy Ashton said her daughter Debbie would have also been alive today if Corrections and police had done their jobs.

Debbie Ashton died in a head-on crash when a speeding car driven by repeat drunk driver Jonathan Allan Barclay crossed the centre line.

Barclay would have been in prison if Corrections and police had advised the court of his long list of convictions when he appeared on a previous driving charge.

Judy Ashton said: "All I'm really seeking is accountability and for people to know they are not above the law, and if they fail to do their job and keep people safe, then they will have to face the consequences."

- NZPA