Refuge supports not jailing wife-beaters

A Waitakere judge who is under fire for saying some wife-beaters should not be jailed won support yesterday from an unexpected quarter - a women's refuge.

Glenda Ryan, manager of Henderson's Viviana refuge, said local refuges supported a Waitakere pilot scheme which encourages men charged with domestic violence to plead guilty and attend anger management courses and drug and alcohol counselling.

The pilot makes men charged with domestic violence less likely to be jailed in Waitakere than in most other parts of the country apart from Manukau, where a similar pilot started in February.

Judge Philip Recordon, one of three Waitakere judges who hear domestic violence cases, told a conference in Wellington that men who beat their partners should not be jailed if their behaviour could be changed in other ways.

"The more you can do to change his behaviour the better - what's the point of locking them up if you can avoid it?" he was reported to have asked. The text of his speech has not been released. He is reported to have said that judges should consider discharging first-time offenders without conviction in a minority of domestic violence cases "at the lower end of the scale".

Ms Ryan said many women who were beaten by their partners wanted the violence to stop, but still wanted the relationship to continue and were not willing to send them to jail.

"In the old system a lot of the men would plead not guilty and go to a defended hearing. On the day their partner would refuse to give evidence and they would walk free," she said.

"When there is a chance to offer help and services to those families, women are prepared to stick with their complaints on the basis that their partners will be sent to things like anger management and drug and alcohol counselling and any other personal counselling that they might need."

She said repeated and extremely violent assaults should still lead to jail, but in less extreme cases all the circumstances should be taken into account.

"I believe the system we have helps sort that out adequately and most of the time we find the judges are doing the right sentencing."

Waitakere city councillor Penny Hulse, a trustee of the Waitakere Anti-Violence Essential Services (Waves) Trust, said the pilot had "huge community support". But Waves opposed discharging any wife-beater without conviction. "No one who has committed family violence and reoffends should appear in court as a first offender," she said.

Women's Refuge national manager Heather Henare called for tougher action when men were referred to anger management courses and failed to keep attending.

"There is little follow-through. That is the area that needs to be tightened up."

Justice Minister Phil Goff said people were free to appeal any court judgements that were out of line with others.

"There should be no suggestion that domestic violence is less serious than any other form of violence," he said.

"However, one consideration that will have a bearing on the judge's decision is the impact that the decision will have on the likelihood of reoffending and the restoration of the relationship."

Judge Philip Recordon

1985: One of two lawyers who won a High Court injunction to stop an All Black tour of South Africa.

2001: Began sole practice as barrister in Auckland.

Aug 2003: District Court Judge in Waitakere.

Dec 2004: Discharged Tuvalu dialysis patient Senee Niusila on second charge of assaulting his wife.

Feb 2005: Discharged an All Black without conviction and with name suppression after he had admitted assaulting his pregnant wife but underwent counselling.

Oct 2005: Said wife-beaters should not be jailed if their behaviour could be changed in other ways.