Alan Hall's wrongful conviction compensation could be largest in NZ history

Friday, 19 August 2022

Alan Hall, who was convicted of murdering Arthur Easton, spent 19 years in jail for the crime. His conviction was quashed by the Supreme Court. Stuff followed Alan and his family during the process. (First published in June 2022)

Alan Hall, whose murder conviction was overturned after 36 years by the Supreme Court, has filed a claim for compensation.

If accepted, it is likely to be the largest payout for wrongful conviction in New Zealand history by far, in excess of $6 million according to some estimates.

That amount would be the equivalent of the total of all other wrongful conviction compensation payments made in the last 25 years.

Hall was convicted of murdering Auckland father of five Arthur Easton in October 1985. Easton, 52, was stabbed to death with a bayonet in his home by an intruder, who also injured two of his sons, Brendan and Kim.

* Crown knew about serious problems with Alan Hall's murder conviction, but did nothing

* Supreme Court quashes murder conviction of wrongfully jailed man

* Payments for wrongfully convicted to be increased

Alan Hall was 23 when he became the prime suspect in the murder of Auckland father of five, Arthur Easton.

Despite insisting he was innocent, Hall, who is autistic and clearly had cognitive difficulties, was grilled by detectives for a total of 23 hours without a lawyer, despite requesting one.

Crown Law has now acknowledged many of Hall’s police statements were “unfairly obtained”.

During the investigation, police deliberately altered a crucial eyewitness’s evidence, changing the witness’s description of the possible offender without telling the witness or the court, and making it appear as if the offender could have been Hall.

The prosecution also concealed vital information and witness statements that would have helped clear Hall, and misled the jury.

Hall, who was 23 at the time, was found guilty and spent nearly 19 years in prison, only finally being released in March.

Now, 60, Alan Hall and his family spent nearly four decades trying to prove his innocence, but were repeatedly rebuffed and ignored by authorities, until the Supreme Court quashed his conviction in June. His application for compensation rests in the hands of the Minister of Justice and Cabinet.

But in an extraordinary move this year, the Crown accepted Hall had been wrongfully convicted and urged the Supreme Court to overturn his convictions.

In June, Chief Justice Dame Helen Winkelmann accepted “that significant parts of the criminal justice process have failed Mr Hall with seriously adverse consequences for him.”

In acquitting Hall, she noted the reason for the miscarriage “must either be the result of extreme incompetence or of a deliberate and wrongful strategy to secure conviction.”

Now, Hall’s legal team has applied to the Minister of Justice for Hall to be compensated for the time he spent in prison and on parole with restrictive conditions.

Decisions on compensation are taken by Cabinet, and politicians must be satisfied the person is innocent on the balance of probabilities.

Usually, this decision is based on recommendations from a QC or retired judge.

Arthur Easton, who was murdered in his home in Papakura in October 1985. Alan Hall was convicted of his murder in 1986. In June 2022 the Supreme Court quashed Hall's conviction and said there had been a substantial miscarriage of justice. Police have declined to say if they will reopen the investigation into Easton’s death.

However, Hall’s lawyer, Nick Chisnall, has urged Justice Minister Kiri Allan to accept Hall’s innocence, given the Crown and Supreme Court’s clear statements that Hall is a victim of a miscarriage of justice.

Instead, Chisnall has asked Allan to expedite the process and appoint an official to assess the level of compensation Hall should receive.

New guidelines introduced in 2020 outline how compensation should be calculated.

The base rate for compensating someone jailed for something they didn’t do is $150,000 for each year they served in prison, with an additional $100,000 per year in jail payable for loss of livelihood.

Investigator Tim McKinnel says Alan Hall’s adult life has been taken from him.

Applicants can also receive up to $75,000 per year spent on bail or parole.

On top of this, victims of wrongful conviction can be granted $50,000 to aid their reintegration into society, and up to $250,000 for significant financial loss.

If aggravating factors such as police misconduct or malpractice by prosecutors is accepted, up to $150,000 can be added.

Hall, who spent nearly 19 years in prison and over 16 years on restrictive parole, could therefore be eligible for compensation in excess of $6 million if his innocence is accepted.

After 36 years of fighting to prove he had been wrongfully convicted, the Crown and Supreme Court finally accepted Alan Hall should never have been charged or convicted for Arthur Easton’s murder.

That would dwarf the current highest payment for wrongful conviction in New Zealand - the $3.5 million awarded to Teina Pora in 2017 for the 20 years he spent in prison for a rape and murder he didn’t commit.

And it could match the entire amount paid for wrongful convictions in New Zealand over the last 25 years.

Since 1998, 39 applications have been made for wrongful conviction compensation, but only eight accepted. The total paid in those cases, including Pora’s, is $6.8 million.

Hall’s lawyer, Nick Chisnall, said he hadn’t applied for a specific amount of compensation, but believed the maximum amounts available should be paid, given the longstanding effects on Hall’s life, and the aggravating features of his wrongful conviction, such as serious police and prosecutorial misconduct.

Investigator Tim McKinnel, who helped expose Hall’s case, believed Hall had endured the longest period of time wrongfully convicted, before being acquitted, of anyone in New Zealand.

“Alan has lost almost his entire adult life to being wrongfully convicted for a murder he had nothing to do with.

“And it’s difficult for people who haven’t met somebody who’s been through that experience to understand the devastating impact it has on your life is something that money will never fix.

“But it’s one of the few ways we can try to make amends as a society when we get it terribly wrong.

“And my personal view is there’s no doubt at all that Alan is innocent and, as a result, has suffered enormously at the hands of the State. And for that reason, I think compensation is well justified.”

McKinnel, who was also instrumental in proving Teina Pora’s innocence and gaining compensation for him, hoped the matter wouldn’t drag on.

“It’s evident from the path Alan’s case has taken that he’s had to be very, very patient for almost four decades.

“I know Alan and his family would be incredibly grateful for a speedy resolution to his compensation claim.”

Justice Minister Kiri Allan said she was taking advice on Hall’s claim and considering the next steps, but couldn’t comment further.

Four official inquiries have been launched into how Hall was wrongfully convicted.