15 Apr 2011

Police seek to apologise over wrongful imprisonment

6:10 am on 15 April 2011

An autistic Christchurch man wrongfully jailed for rape has received a formal apology from the Crown as well as $350,000 in compensation.

Police also want to apologise to Aaron Farmer over their handling of the case.

Mr Farmer spent two years in jail for the 2003 rape of a woman in Christchurch. The conviction was eventually quashed and he was later discharged. No retrial was held.

The Government said on Thursday that an independent Queen's Counsel reached the conclusion that Mr Farmer is innocent beyond reasonable doubt.

The Government says the Crown accepts the lawyer's findings, and unreservedly apologises for the devastating wrong Mr Farmer has suffered.

Associate Justice Minister Nathan Guy says DNA evidence proves Mr Farmer's innocence and it is important that the Crown fairly compensates him for the hardship suffered.

Mr Farmer has received a full apology and $351,575 in compensation which covers loss of liberty and reputation, interruption of family and personal relationships, and mental and emotional harm.

Assistant Commissioner Malcolm Burgess admitted on Thursday that police could have done better and a face-to-face apology is warranted.

"Frankly, I think we could have done better yes, we could have done more in terms of that particular inquiry. I'm in the process of dealing with their lawyer to see whether the Farmer family want to speak to us.

"I think it'd be proper for us to apologise for the inadequacies in the police investigation."

Mr Burgess told Checkpoint it not common practice to lie to people about the evidence against them, and the officer who wrongly told Mr Farmer there was DNA linking him to the rape no longer works as a detective.

Mr Farmer's lawyer Simon Shamy says a face-to-face apology from police would help the family's healing.

However, Mr Shamy told Checkpoint that Government reforms to the justice sector could lead to more such cases.

"There are innocent people who are charged by the police. If we start fast-tracking the court system and getting rid of (the defence of) provocation, getting rid of colour of right ... then the inevitable consequence is you're going to get more Aaron Farmers."

Police say the case remains open, but Mr Shamy doubts the real offender will ever be found.

"There is, as far as we're aware, a rapist out there and they've been out there for years, possibly offending all the time."

He says the police would struggle to revive an investigation because of the lack of forensic evidence and witnesses, and the victim having left Christchurch.

Mother loses faith in justice system

Mr Farmer's mother, Beverley Farmer, says the money will help him get his life on track, but she has always insisted on the written apology, as the wrongful conviction has ruined their life and split their family.

"This won't go away - this will stay with me forever," she says.

Ms Farmer says she will never trust police again and no longer believes in the justice system.