Te Ara Whakatika

Inside this issue

Co-ordinators excited by first referrals

An offender's account of a community-based restorative justice process Napier Mail

Genuine Remorse

It was the 138^th conviction that got her.

Until then she had never even considered the victim.

But the heroin addict and hardened criminal suddenly came face-to-face with a person hit by her crime. That revelation turned her into a law-abiding citizen.Jackie Katounas (pictured above) is a walking, talking advertisement for restorative justice.

She is also making sure that the concept is used in the Hawkes Bay through a community-based initiative known as Hawkes Bay Restorative Justice Te Puna Wai Ora Inc. (story page 2). She also features in a training video being produced for the court-referred restorative justice project.

Jackie works as a facilitator for the Hawkes Bay organisation's restorative justice project, as well as running a new initiative for the group.

The Whakatikatika Prison Project is a Hawkes Bay innovation which has received support through the Crime Prevention Unit. It involves getting offenders already in the prison system interested in restorative justice. In the first 13 months of her two year contract, Jackie has had 82 referrals from prisoners wanting to make amends with their victims.

"Generally these offenders are genuine in wanting to put things right with the victim. They've got nothing to gain once they are in prison. They are not going to get a lighter sentence. Sometimes they ask to put things right at the end of a prison sentence."

It is also a risk for the offenders who, having convinced themselves of the importance of putting things right, often find the victim is either not willing to meet, not able to meet or is unable to be found. The crimes have ranged from kidnapping to armed robbery to murder.

But Jackie has managed to facilitate 15 conferences. For others, she has asked victims if they would be willing to accept a letter from an offender. This has gone ahead in about nine cases.

"Sometimes when I talk to them about the harm of their offending it is the first time they have ever heard that. I know it sounds bizarre that they don't think about the harm they have caused people or the ripple effect. Some of them still try to justify what they did or dispute the facts, but some begin to see what their offending has done. I know they have no idea of the affect because I used to be just like that."

"I clocked up 138 convictions and spent 12 years in prison

over a 25 year period. In all that time I was never aware I was hurting anyone. I never gave consideration or a thought to the victims," says Jackie.

She went into her first maximum security unit at 12 years, and was in Mt Eden prison at 16.

Jackie's enlightenment came when she received some stolen goods-the owner of which she knew personally. "It was the first time I ever felt shameful. I phoned the victim and went and explained my involvement."

The encounter led her to source the rest of the stolen goods and return them to the victim.

"It was a raw form of restorative justice, but I never offended from that day on. It was a powerful turning point because I began thinking of other people than myself. For 25 years I had wreaked havoc on the community, and then restorative justice changed my life."

For Jackie the move away from a life of crime was tough. "I had to learn to speak to people without speaking about crime and drugs. I had to learn how to build rapport with people  who weren't criminals."

Some time later she heard a speech by restorative justice advocate Jim Consedine. It helped her understand that what she had been through was restorative justice. Jackie trained to be a facilitator, and now her work offers a unique perspective to prisoners.

"I challenge them to make change in their life. They need to address the stuff in their past to have a bright future. I can establish a real rapport with the prisoners."

Prison officers have been very supportive and have embraced the concept. If a prison officer believes a prisoner is showing some remorse, they often make a referral to Jackie.

Jackie has several positive stories from her work with prisoners. In one case a mother shook the hand of the man who had murdered her son and wished him well. "She now has the answers to questions that had haunted her since her son's death. She could now integrate all the details of her son's last few hours. She felt gratified and released. The offender, who had been plagued with deep remorse and self hatred, walked out of the meeting with his head held high."

In another case a recidivist offender who had never spent more than three months out of prison in a 30 year period was involved in a conference with a victim he had kidnapped. The experience resulted in him spending 10 months out of prison. As soon as he was put back behind bars he telephoned Jackie to assure her that he hadn't committed a ‘crime' but had had a driving offence which automatically activated his prison term.

Although the step was small, Jackie believes it was significant for a man with a 30-year history of offending.

"This man had never been at that stage before. He was concerned about being back in prison. His attitude to incarceration and offending was different and he really wanted to make a change."

Moving Forward

Training of the facilitators taking part in the courtreferred restorative justice project is now complete.

Having visited one of the training sessions, and after receiving feedback from those involved, I know this has gone extremely well. I want to pay tribute to all those involved in organising the training, in particular Helen Bowen, Jim Boyack and Ken McMaster.

The next stage of the pilot is the most exciting, as we prepare for the first cases to progress through the restorative justice process. It is a test for all involved, and I will be keeping a close and supportive eye on progress.

I'm keeping in touch with how the project is going through the national liaison committee. This group provides an opportunity for me to hear the issues, hopes and concerns of people representing restorative justice in the community.

Te Ara Whakatika is also an important component of this feedback. Please make extensive use of the newsletter to help build knowledge of restorative justice. Let us know of others who need to be on the mailing list.

Matt Robson
Minister for Courts

People Power

When Kay Whelan identifies a community need, she is not one to sit back and wait for things to get started.

First she helped set up a local twin club, then a community creche, then a play group. When her daughter's boyfriend committed suicide, she helped organise a public meeting which eventually led to Hastings getting a youth health centre.

Kay believes that communities shouldn't sit around and wait for the government or the ‘cavalry' to arrive to sort out their problems. She is a ‘do it' kind of person.

So are the others who set up Hawkes Bay Restorative Justice Te Puna Wai Ora Inc, and volunteer their time to run it.

Kay decided restorative justice was a great concept after reading Jim Consedine's book on the subject. "Restorative justice made so much sense to me. Clearly our retributive justice system does not meet the needs of victims," says Kay.

Launched in 1998, the community group has facilitated 51 conferences. Kay says the group gleaned valuable information from Helen Bowen and Jim Boyack, who were involved with New Zealand's first group in Auckland.

Establishing a community-based project has brought challenges, including getting those involved in the criminal justice system to embrace the concept. Kay, who works parttime as a Family Court co-ordinator, believes the courtreferred project will help to alleviate some of the anxieties people have about the process. "The fact that the Government has picked it up gives it more credibility."

The government pilot will also "provide valuable research that can show that restorative justice does reduce crime and satisfy victims. Then it will become an accepted complementary practice within the justice system."

Kay's expertise has been valuable to the court-referred project. She developed the co-ordinators' manual and provides ongoing advice.

The Hawkes Bay group has received funding from Lotteries, the Eastern Central Trust, COGS and others such as the Crime Prevention Unit which funded its Whakatikatika project (story page 1). "Before that we were struggling. We had a post office box, a message phone, a fax at my house and we met in everyone's homes."

Kay's advice to other groups is to ensure they consult fully with the community and those involved in the criminal justice system before setting out. "To gain credibility they need to be professional about how they set themselves up, train facilitators, offer their services and carry out their tasks. They also need to network with other groups so they don't reinvent the wheel."

She says that the response from those taking part in conferences has been very positive.

"Victims are able to tell offenders directly about the harm caused and ask questions. Offenders tell of the circumstances around the offending and express remorse. I remember my sense of wonder when I first began hearing how this process led so commonly, yet often unexpectedly, to a considerable measure of restoration, reconciliation and healing. The theory is real!

"This process of being inspired by an idea, exploring its suitability for a particular community and, if appropriate, creating something new, is how our communities have developed over the centuries. Communities are responsible for their own evolution."

Chance to Apologise

Peter was worried as he walked into the building to face the man who had lost part of his leg as a result of his driving.

"I didn't know if he was going to be angry. I didn't know what to expect. In the end he was just after an apology and I was more than happy to apologise. I am really regretful. Even now I still think about it. He accepted my apology and by the end of the meeting I was gradually feeling okay."

Peter (not his real name) took part in a community-based restorative justice process. "They gave both sides a chance to speak. It was really fair."

For Peter, a student with no previous trouble with the law, being on the wrong side of the court system was something he wouldn't wish on anyone. "I was embarrassed and ashamed.

"When the accident happened I couldn't believe it. I was in shock. I could see his leg was injured pretty badly."

Later it was decided the leg should be amputated.

"I pleaded guilty and wrote a letter of apology to the victim and the judge. In the end I was charged with careless driving causing injury. I was fined and disqualified from driving for six months.

"Even though there were things that affected my ability to see him, such as road works, I had to live with that. He was going to find it tough without a leg. I was in the wrong pulling out, so I took responsibility for it."

Co-ordinators Excited by First Referrals

After months of preparatory work, the country's first court-referred restorative justice referrals are flowing in.

"I'm really impressed with the number of judges referring cases," says Islay Brown, the restorative justice co-ordinator for the Auckland District Court.

"We had nine referrals in our first eight or nine days, and at this stage most of these are going through to conferences." Islay says that interest from the community has been intense. She has even received several requests from high schools wanting to look at using restorative justice methods.

"It really feels like we're up and going now."

Dunedin co-ordinator Cathy Brown says that it is exciting after months of preparation to now be ready to accept referrals. "I'm eagerly looking forward to the first conferences in Dunedin and to getting feedback as to how they go."

Waitakere co-ordinator Garry Summers has received a number of referrals for a variety of offences. "It has been a challenge working through the first referrals and getting things smoothed out. That is the reality of running a pilot. Any difficulties or hurdles encountered can be pinpointed and addressed so as to make improvements as we go.

"It is great to see it coming together."

Hamilton co-ordinator Jim Berkett says the building blocks are now in place for a "solid process that will benefit victims and offenders. Facilitators have been keen to start, and now that referrals have commenced expectations are high.

"We have to recognise that it is a pilot, and as such there will be teething difficulties. Once everything is firmed up, we're all looking forward to a very positive outcome for the victims and offenders." Cases referred in the pilot areas have included theft as a servant, burglary, assault with a weapon, entering with intent, aggravated robbery and damage to property by fire.

Te Ara Whakatika is produced by the Department for Courts to ensure the wide community of people who support the restorative justice movement are kept informed about the court-referred restorative justice project. The items in this newsletter do not necessarily reflect the views of the Department for Courts or official policies. Articles in this newsletter may be copied and reproduced, but Te Ara Whakatika must be acknowledged. Inquiries regarding the court-referred restorative justice project should be directed to: Alison Hill, Department for Courts, PO Box 2750, Wellington, Phone (04) 918 8839, Fax (04) 918 8820, email: alison.hill@courts.govt.nz; or to co-ordinators Islay Brown (Auckland) Phone 025 745 141, (09) 916 9000; Garry Summers (Waitakere) Phone 025 271 5148, (09) 916 5268; Jim Berkett (Hamilton) Phone 025 271 5203, (07) 957 7700; Cathy Brown (Dunedin) Phone 025 271 5164, (03) 471 5170. Te Ara Whakatika mailing list inquiries should be directed to: Abpost, PO