Too frequently we read and hear about the egregious behaviour meted out by the Crown, or its servants but, consistent with those in positions to do something about it, nothing happens, and the perpetrators continue their merry way, abusing the rule of law with impunity.
So, hats off to Norman for focusing on the
plight of this poor man, and his family, but while his focus has moved to a
review of the system, that in itself will bring no immediate relief to the
While not derogating from that good
intention, may I suggest that while the wheels of that type of reform move ever
so slowly (if at all given the inherent culpability that would be revealed),
that a case be mounted against the Crown for violation of this man’s
I would imagine that one would not have to
trawl too deeply within the Prisons Act; Prisons Regulations; Corrections Act
nor the Crimes Act to find any number of offences that have been committed, not
to mention the common law duty of care.
The Constitution guarantees all persons
equality before the law and the protection of the law, and right now, from what
I am reading, compounded by silence from the Authorities, Teina Simiona Ataera
Junior’s fundamental rights and freedoms have been infringed and for that he is
entitled to damages.
And I would go further and strongly urge
that the constitutional claim also seek exemplary (punitive) damages in order
to send a clear message to punish those mute Authorities that Society does not
tolerate such outrageous behaviour and to deter others from similar conduct.
And maybe, on this occasion, Norman can
claim costs and be paid.