'You have suffered considerably' - Teina Pora to receive $2.5 million compensation offer

June 15, 2016

Amy Adams says after a review, Teina Pora has proven his innocence on the balance of probabilities.

Teina Pora has received an offer for more than $2.5 million in compensation for his wrongful imprisonment following the murder and rape of Auckland woman Susan Burdett.

Justice Minister Amy Adams today announced an independent review found on the balance of probabilities Teina Pora is innocent of the charges for which he was convicted.

Cabinet accepted the finding and agreed to pay $2,520,949.42.

"The Government has agreed to compensate Mr Pora after considering reports from retired High Court Judge Rodney Hansen QC, which confirmed Mr Pora's innocence and recommended the compensation amount that should be paid to him under the guidelines," Ms Adams said.

I hope the compensation can go some way in helping you and your family

—  Justice Minister Amy Adams |

"I have written to Mr Pora to acknowledge his innocence and unreservedly apologise to him for the devastating impact his wrongful conviction and imprisonment has had on nearly 20 years of his life.

"While it can never completely remedy the injustice Mr Pora has suffered, I hope that these findings, along with the compensation, can go some way in helping him and his family build a better future together."

Justice Minister Amy Adams' letter to Teina Pora.

Ms Adams' formal letter of apology to Mr Pora stated: "The Crown accepts that your are innocent of the offences for which you were convicted in 1994, and again in 2000. I acknowledge that over the past two decades you have suffered considerably, including the many years you spent away from your young daughter."

She said while the compensation could "never completely remedy the injustice" Mr Pora suffered she hoped the Crown's offer can "go some way in helping you and your family build a better future together".

Earlier, Ms Burdett's brother, Jim Burdett, told ONE News "it's the least the Government could do".

"But I have no idea how you calculate 20 years of imprisonment that shouldn't have happened," he said.

Journalist Paula Penfold says the compensation for Mr Pora could be an "inadequate figure".

Speaking from his Waiheke Island home, Mr Burdett said he had "found the whole process quite taxing".

NZ Police apologise and acknowledge 'deficiencies' in investigation which led to conviction

Acting NZ Police Commissioner Glenn Dunbier said police acknowledge today's apology and compensation announcement from the Crown for Mr Pora.

Pora's lawyers say their client "needs time to reflect on the offer" of more than $2.5million for wrongful imprisonment.

He said police also apologise for the deficiencies found in the original police investigation.

Police acknowledge today's apology and compensation and also apologise for the deficiencies in the original police investigation

—  Acting Commissioner Glenn Dunbier |

The report by Mr Rodney Hansen QC, along with the March 2015 judgement of the Privy Council, highlights how foetal alcohol spectrum disorder (FASD) was not identified by police or Mr Pora’s defence team in his 1994 and 2000 trials as a possible factor in Mr Pora's confessions.

At that time FASD was a condition which was still being understood by science, and its relevance to criminal investigations was yet to be fully recognised, Mr Dunbier said.

"Police accept Mr Hansen's view that Mr Pora's version of events regarding the rape and murder of Susan Burdett made in his confessions cannot stand up to critical scrutiny."

He said police also wanted to state that both the investigation and prosecution of Mr Pora was conducted in good faith.

As the Privy Council noted in its March 2015 judgement regarding the police interviews with Mr Pora: "None of the police officers exerted pressure on Pora."

"Indeed, they were if anything, fastidiously correct in their treatment of him."

Mr Dunbier said there are lessons to be learnt from the case, but "there is nothing to suggest that police staff involved acted in anything other than good faith".

Significant advancements have been made in police investigation practices since the convictions of Teina Pora in 1994 and 2004, he said, including far greater sophistication in interview practices, and an enhanced awareness of confessions and the risks they may create.

A greater understanding is also being gained on the impact of foetal alcohol spectrum disorder (FASD), and the potential impacts this may have on the cognitive and behavioural functions of individuals who are being interviewed by police.

Convictions quashed by Privy Council

Mr Pora, 41, was convicted in 1994 of the 1992 rape and murder of Ms Burdett.

She was beaten to death with a baseball bat in her South Auckland home.

Mr Pora was convicted when he was 17 and was imprisoned between 1994 and 2014, but maintained his innocence.

After more than 20 years in prison, his convictions were quashed by the Privy Council in March 2015 after concerns were raised about the manner in which his confession was obtained by police.

New evidence also showed Mr Pora suffered from foetal alcohol syndrome.

Mr Pora, who spent more than 21 years in prison, placed a claim in April 2015 for compensation for the wrongful conviction and imprisonment.

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