UN anti-torture obligations 'ignored' by Crown when Lake Alice claims emerged

Monday, 28 June 2021

Solicitor-general Una Jagose agreed the Crown Law Office didn’t automatically connect the first Lake Alice civil claim with New Zealand’s UN anti-torture obligations.

Five years after New Zealand ratified the United Nations Convention against Torture, the first civil claim alleging cruel treatment at Lake Alice was filed.

But the Crown’s legal adviser didn’t connect the two and instead focused on “throwing money” at the issue rather than helping victims of childhood torture, a lawyer representing Lake Alice survivors said.

Solicitor-general Una Jagose, QC, the Crown law Office chief executive, agreed the office’s approach could be criticised, but said the settlement was more nuanced than handing over cash.

Jagose on Monday gave evidence to the Royal Commission of Inquiry into Abuse in Care, sitting in Auckland. This part of the inquiry is focused on the child and adolescent unit at Lake Alice, which operated from 1972 to 1978 in Rangitīkei.

The Royal Commission of Inquiry into Abuse in Care is examining what happened at the Lake Alice child and adolescent unit.

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During the past fortnight the commission has heard from survivors of the unit that they were raped and abused, and subjected to electric shock treatments as punishment for misbehaving.

Nobody has faced criminal charges for what happened, although the latest police investigation continues.

New Zealand ratified the UN anti-torture convention in 1989. Five years later the first civil claim seeking damages for what happened at Lake Alice was filed.

Lawyer representing the survivors, Frances Joychild, QC, robustly questioned Jagose about New Zealand's obligations under UN treaties, saying they should have been top of mind when the first claim of child torture at Lake Alice emerged.

Dr Selwyn Leeks was the lead psychiatrist at Lake Alice's child and adolescent unit.

“It seems to me that human rights obligations that New Zealand has were just not well-embedded.”

Jagose agreed.

Joychild said that was a failing. Crown Law was the Government’s legal adviser and should tell it of possible breaches.

She said the process for dealing with civil claims, such as a class action led by lawyer Grant Cameron settled in 2001, was “simplistic”. It was about “throwing money” at the survivors, rather than dealing with their rehabilitative needs.

“The approach was not complying with the obligation under the convention against torture,” Joychild said. “We’ve got people who are impoverished, deprived of an education in many cases… broken people dealing with PTSD, relationship struggles.”

“I disagree that throwing money at it was the response,” Jagose said. “That was an agreed settlement with a group of people, represented by a lawyer, that included an apology from the prime minister [Helen Clark] and minister of health [Annette King].”

The Royal Commission was part of the state meeting its obligations and the inquiry would produce recommendations.

Jagose said she agreed there were not further discussions with survivors after the civil settlements were reached, but disagreed the Crown failed to meet its obligations under the torture convention.

She also agreed with Joychild that thinking only of money was insufficient to deal with the effects of what happened at Lake Alice on survivors.

Jagose was unable to answer a question from Joychild about whether Treasury set aside $132 million to settle Lake Alice claims, saying she would look into that. About $13m has been paid out.

Leonie McInroe, who filed the 1994 claim, has previously told the commission she was subjected to cruel treatment at Lake Alice.

At one stage the Crown brought Lake Alice psychiatrist Dr Selwyn Leeks, who survivors say administered electro-convulsive therapy, back from Australia for mediation with her. McInroe was told to keep the meetings secret.

Joychild asked Jagose to what extent Crown Law paid Leeks’ legal fees when he was defending McInroe’s claim.

After about six years of the lengthy litigation, Crown Law then “turned on” Leeks and asked for a contribution, having previously worked closely with him, Joychild said.

Jagose said she wasn’t aware of Crown Law paying his legal fees, but would look into it.

She apologised for failings in dealing with McInroe’s claim, such as delays in releasing documentation. Such delays signalled a lack of empathy among Crown Law staff in recognising they were dealing with a person's life.

The inquiry hearing into the Lake Alice unit is expected to finish on Tuesday.