KEY POINTS:
We report today that the son of murdered Tokoroa teacher Lois Dear is angry he has been asked to tone down a victim impact statement he plans to read to her killer in court.
He said he submitted the statement to police but was told to tone it down because the judge and prosecution would not accept comments he had made about the accused or the justice system.
This forum debate has now closed. Here is a selection of your views on the topic.
Harry Young
My daughter was Jane Young, one of the two 16-year-old girls killed by a man accelerating a car through a crowd at a party in Christchurch. I have stumbled across this discussion because I am reading up on the Victim Impact Statement system - something that our family will have to face amongst the many other tortures that we are going through. We are direct victims and we will say what we think. If anyone attempts censorship, we will do it through the media instead. I agree with the views set out by you all, but there seems to be a slight misuderstanding - toning things down is not driven by the police. They are just the messengers of a 'legal' system.
I believe that everyone in New Zealand are victims. Jane would have been a model citizen. A good person who would have contributed to society, paid taxes and made the world better. She would have had her own children who would have done the same. Just the sort New Zealand needs. So I urge you all to fill in a Victim Impact Statement when the trial is underway. Specify the emotional and any other impact this has had on you as a citizen of the country that Jane loved, as a parent, as a grandparent, or whatever. Please also specify what you think would be an appropriate punishment for anyone convicted of any crime linked to this incident.
Mother of a teacher at Strathmore School
My daughter was a teacher at Strathmore School at the time of Lois Dear's murder. The distress this caused both teachers and pupils alike was simply frightful. The after shocks are still felt today. I applauded how the school staff handled the murder of their colleague and friend at the time of her death. To have to face a murder scene every day you come to work and guide children through this took immense compassion and courage. I can understand where her son is coming from. Our society does not allow sufficient support or outlet for the victims of violent crimes. It is inhumane that we do not do so. I therefore support Lois's son in his efforts to be heard by the judicial system. After all, this is all he and his family are left with in their immense loss of a dear mother.
Alison Denton
In reply to Harry Young, firstly my deepest sympathy to you and your family on your tragic loss. I expect you will be asked to keep your VIS within guidelines you will find unacceptable. Be prepared to be disillusioned by your experience with the justice system, it is very hard to deal with as a victim, watching the offender being pandered to while your suffering is not considered at all and your feelings are censored to protect the offender.
Unfortunately in some circumstances the family of a victim are not even considered as victims. When a child is a victim of crime but is still alive, the family are not accepted as victims in the legal system. In such cases the family members may submit a Victim Impact Statement on behalf of the child but they are not supposed to comment on the impact of the crime on any other members of the family. There is no place for the distress of the parents or the fears of siblings in our "justice" system.
That the courts are now trying to gag the members of victims families and censor what they have to say is disheartening to say the least.As a matter of interest, victims are not always given the opportunity to read their VIS in court, they are just asked to hand it to police who submit it on their behalf. Unless you know you can request to read it in court, nobody will offer you the opportunity. It seems offenders are the only people in the justice system who are informed of their rights.
Patrick (Southland]
Victim impact reports should not be censored so that they are politically correct. Kevin should be entitled to have his viewpoint presented in court. If not permitted I look forward to its publication in the media.
Lisa (Auckland)
A victim impact statement is just that the impact of the crime on the victim. Its ludicrous to be asked to changed the statement - it is afterall the views of the victim. The statement is used by the judge to be taken into account for sentencing whether it is verbal or written no person should be asked to change what they have written or what they say.
Hoss (Auckland)
I can imagine writing a victim impact statement would be a very painful process. It is important for both the victim and the offender. I have no problem with victim support assisting or making suggestions to help in this process but no one should tell the victim what he or she can or cannot say. Let the victims vent their anger. Censoring them at this crucial time will only hinder their recovery. We are supposed to be helping the victim right?
Ant (Chch)
I agree with the son of this lovely lady. This country stinks. It stinks of the scum that are allowed to roam the streets after commiting horrific crimes. Our justice system needs to get tough. The law makers need to realise that the majority, probably around 95 per cent, would like to see criminals of a serious nature locked up and never seen again. But the law makers time and time again seem to listen to the minority who plead for welfare for inmates!I really feel for Kevin McNeil. If my mother was murdered in those circumstances i would not stop at insulting the justice system just at court. Something needs to be done. I am a young man, and many of my friends feel this country going to the dumps because they see their hard work rewarded with higher benefits going to those who choose not to work, and prisoners receiving more 'comfortable' accommodation. It stinks, it just stinks of fat cats wading in their own muck in the lower north island!!
Japan
Typical PC rubbish that is overtaking peoples lives in NZ. The guys should be able to say what ever he likes after all the murderer is a murderer and killed the guys mother. I would want the guy to swing from the nearest tree.
Sophia (Hamilton)
Yes victim impact statements should be read no matter what they say. Did the victim have to edit what they said as they were being victimized? No, let the perpetrator hear in full detail how their actions have affected other people, how dare it be suggested that Mrs Dears son has to tone down his statement, he lost his mother in a violent and senseless manner, let him speak from his heart.
Sarah K
Not only should he read his victim impact statement how he wants to read it, Kevin McNeil should be given the right to a baseball bat and the right to have 20 minutes alone with this murderer, giving him something to remember him by. Whoever asked this grieving son to 'tone it down' needs to be shot.
Jay (Auckland)
Typical Labour Government- "lets not hurt anyones feelings", especially not the murderers and other serious offenders. Reality is what it is. The man should be allowed to explain the full impact on his life. Its time for a change in Government.
Trish (Phoenix)
Yes, I totally agree. How could the victim's son dare to share his grief within the confines of that Victim Impact Report. How dare he say how he really feels, that may bring him some modicum of comfort and help him to move through his grief and shock. Who is he? He is the victim. He is the victim, just as his mother was. The victim of an evil or addled mind. Who is the murderer? The murderer is scum. Who are the judiciary? They also have addled minds if they truly are serious in their request for Mr McNeil to 'tone down' his report. They are joking of course. Noone wants to see more New Zealanders die violent and unnecessary deaths by politically correctness.Let Mr McNeil have his day in court. Let the waste of space who killed his mother wallow in his guilt forever. Let his remorse strangle him. Leave him to rot in prison.
Xavier
This is not a case of being politically correct, which these days simply seems to be an easy excuse for those who want to be rude. The VIS has a very clear role in ensuring that the impact of crimes on the victim are taken into account by the the judicial system when passing sentence. While there are a whole range of issues that affect the victim, such as a perceived lack of sympathy and empathy from the judicial system, the VIS is not the right avenue to express them. One can only have a huge amount of sympathy for Kevin in this situation, and I would probably feel different if I were a victim. There are more constructive ways for dissatisfaction and alienation from the judicial system to be expressed.
Malc (Auckland)
Just another example of do-gooders and political correctness trying to protect the murderers and rapists more so than the victims. How can it be called a "victim's report" if said victim is not allowed to air his/her feelings in full and unedited?? The victims family must cope with this for the rest of their lives - so should that mongrel in the dock. If some harsh, heart-felt words from Lois' son crush his dignity, that's a start.
Give Victims a Break
Hell Yes. Of course the Victims of crime should be able to have their say - uncensored. The "perpetrator" does not play by fair guidelines - or they would not be facing the Judiciary. It seems like yet another case where the victim is further victimised, by the suppression of their true feelings and thoughts. Free speech for all.
Cressy
I think that the Mr McNeil should be allowed to read what he has put why should Whetu Te Hiko be allowed dignity when he killed Mrs Dear in such a way to leave her exposed and the police for doing the same instead of covering her with a blanket or something similar. He does not deserve any dignity or anything remotely close. Mr Mcneil should be allowed to read what ever he wrote as it is how he feels and that is why they do victim impact statements so those scum can see what they have done to those left behind!
Anna
Victim Impact Statements - These statements are intended to express the impact and effect the incident has had on the victims life. They are to reflect the victims thoughts and situation in the victims own words.
That is exactly what they should do.
Ammy
It is ridiculous to prevent a son from giving vent to his feelings for that matter any close relation.He has lost a pillar of the family and someone he could have gone to anytime in life for emotional support,the grand children. Do such comments make the judges take a harsher view,the answer is no,let us not give so much importance to culprits which they do not merit the least.
Sarah Hall
Yes victims of crime should be allowed to vent their feelings towards the person convicted of the crime against them. Sometimes it really helps to let go of all the anger and disgust and really the criminal's feelings should not be taken into account at all.There seems to be more rights for criminals than victims and the victims should also be allowed to criticise the justice department (sorry forgot that justice is a word that does not exist here, should take it out of the dictionary altogether).
Amanda (Wellington)
I believe her son should be able to say whatever he likes so the killer knows the amount of pain he has put on the family and also for a form of closure for her son.
Astounded (Wellington)
Of course a victim should be able to tell the court and the accused exactly how they feel, what that person has done to them and how their future will be. The Courts are being very precious about not having any criticism of the judicial system, however victims do still have the right of "freedom of speech". In quite a few instances, the actions of the judicial system have caused a person to become a victim (e.g. early parole people going on murderous rampages etc). Therefore this has had an impact on the victim - so should be included in their Victim Impact Statement. The Courts should get off their high horse and try to relate to the public.
Jonathan, Christchurch
Why should their be any restrictions on his speech at all? Why can't he comment on the judge? Why can't he criticise the system? Why can't he say what he thinks? What is it that the son of a murdered woman can say that is so dangerous we shouldn't be allowed to hear it?
Grant Diggle
Yet again we see more evidence that the victim has no rights and the guilty have all the rights. Call this freedom of speech. I think not. The politically correct and culturally stupid need to be told to butt out. Its time for the majority to reclaim their rightful place.
Roger (Waikato)
Once again, the justice system is geared up to protect the criminal. I can't say I agree more how this man feels, his mother had been completely denigrated; some dirtbag has copped a soft prison sentence for this! As I have said previously in Your Views let the punishment fit the crime, bring in capital punishment! We as taxpayers not only have to pay for these losers whilst they are in prison, but their victims and innocent people constantly live in fear, when these so called recedivists re-enter the community...more often then not they have committed another crime again! I think, giving somebody 20 -30 years simply isn't good enough, but to give them permanent freedom...ie: where they are no longer around, is a blessing for everyone! Bring in the firing squad and have all police issued with a 44 magnum, no more Mr nice guy!
Jeff Stewart
A big yes for Kevin to express all his feelings, comments, judgments, anger, sorrow, be read to the Judge, court and most of all the scum bag that murdered his mum.
Damian
All I have to say is what happened to free speech? It seems like the villain has more rights than the victims witch is wrong. He should be able to say what he feels be it right or wrong not everybody will like it and not everybody will dislike it.
Gary (Auckland)
Some self-indulgent villain has invaded a family - in this case violently killed a mother. The victim's family in the old days might have figured on retribution along the lines of "an eye for an eye". In these so called civilised times we depend on the justice system. At least give the victim's family a chance to voice their true feelings.
Tish
Of course Kevin McNeil should be allowed to read out his statement, I personally would be giving it to the media and letting them have a field day with it, then everyone will know what Kevin has to say, not just the courtroom and this low life. This country is not just PC gone mad it is fast turning into a Communist country. I agree with other Your Views. Criminals have way more rights than victims. Prison is way too good for this low life.
Shaun Palanieappan
Its a shame that a victim cannot express his thoughts and feelings. Why the police would tell him to tone it down I wonder. Who are the police suppose to protect, the victim or the scum of the society? Its time a real government that protects the victims rather than the criminals come into power.
Leanne
I think this is disgraceful. A victim impact statement should be exactly that - a statement saying exactly how this has affected the victim and their family. No-one should be able to tell you what to write. When I eventually was given the opportunity to write a victim impact statement, after a youth stole a Mercedes and crashed killing my son's father, I was asked to write what I thought should happen to the youth who was driving. Therefore, one agency is saying don't write what should happen to the offender and another is saying the opposite.
It's about time that the justice system, police and government agencies started to think more about the victims and not the offenders. Victims are left to fend for their own and not given any help, yet the offenders are given everything.
Tony
If victims should be able to say what they like, without restriction. If they feel they have been treated as second rate citizens, having fewer rights than the perpetrator, they should be able to say so freely. The same goes if they feel the guilty party should be sent to the depths of hell "where they get what they deserve". The political correctness and the rights of the guilty overriding the victims is just a ridiculous situation.
Moira Sionetali
Whatever happened to freedom of speech? It's political correctness gone mad!- The victim/relative of the victim should be able to say exactly whatever he wants to say (without it being edited) regardless of who it upsets, (after all what harm are a few choice words and home truths going to do to the perpetrator of the crime?) It seems like the law once again is in favour of the criminals and is too namby pamby and afraid to upset them in any way whatsoever. Get Real! Freedom of speech is freedom of speech isn't it? So what's the problem? let him say what he wants to say - being given guidelines surely must contravene the freedom of speech.
Sarah K
Not only should he read his victim impact statement how he wants to read it, Kevin McNeil should be given the right to a baseball bat and the right to have 20 minutes alone with this murderer, giving him something to remember him by. Whoever asked this grieving son to 'tone it down' needs to be shot.
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