The deaf defendant in the aborted Wanganui murder trial has no legal right to an interpreter, though the Justice Department says it is providing one.
Ivan Sydney Curry’s trial was indefinitely adjourned on Monday after expert defence witnesses, a psychologist and a psychiatrist, refused to appear for the set rates of pay.
However, deaf defendants have limited rights to an interpreter. A report just completed by the National Foundation for the Deaf by Pat Dugdale cites a written reply to her on behalf of the Secretary for Justice as saying: “There is no statute explicitly providing a legal right for deaf people to demand an interpreter at any stage of legal proceedings.”
“Also, the law does not require presiding judicial officers to ensure that deaf persons understand proceedings, or police officers to make sure that persons being questioned or charged understand what is said to or about them.”
The reply said experience showed judges adjourned proceedings to arrange for an interpreter if it was apparent a person did not understand proceedings. But the report cites another Wanganui case in which this did not happen.
“In Wanganui, a deaf person was tried without an interpreter, the police and the court being confident that they could understand him sufficiently. No interpreter was called to evaluate how much the deaf person understood,” Ms Dugdale said.
Wanganui’s High Court registrar, Chris Greaney, said that in Curry’s case a signer would be flown in from Auckland.
The interpreter’s fees are set at a maximum of $14 an hour and $91.50 a day. This compares with $68 for the first hour, $48 for subsequent hours and $305 maximum for a day for expert witnesses.
The Dugdale report says deaf people have no legal right to special treatment and are at the mercy of the presiding judge, who often shows understanding.
“There is reason to fear others are not so tolerant, and that the quality of mercy is sometimes strained to snapping point when the communication barrier imposes itself on a busy court.”
Ms Dugdale gives another example of a deaf person sentenced to six months at Paremoremo who re-offended after he was freed and appeared in court again without an interpreter.
Among recommendations made by the report are:
- Education of police officers and judiciary on some less obvious aspects of deafness.
- Instructions on legal proceedings and terminology as part of interpreter training with the cooperation of Justice officials and the police.
