Just days out from the historic apology for abuse in state care, one survivor is calling for the Government to move to overturn his precedent-setting case, saying it means others like him can’t expect to find justice in a New Zealand court.
The man who has permanent name suppression and goes by “Earl White” lost his case against the Crown in 2007. It was the first civil case about abuse in social welfare homes to go to trial.
White first filed legal action in 1999, hoping to settle the case quickly. But it dragged out to 2007, despite Crown Law in 2002 internally discussing that the case was “relatively compelling.”
“My whole life has been hell, but it’s been worse since I filed that claim,” White said.
White was first abused at home by his father. He was then placed in state care, Epuni Boys Home and Hokio Beach School, where he faced more abuse in the 1970s. At Hokio, he was sexually abused by the cook Michael Ansell.
The Crown knew Ansell had been convicted of abusing other boys in 1976, at the same time White was at the school, but failed to disclose this.
Earl White said the Crown’s strategies were “from the sewer.”
“What it’s done to me is cause me so much harm.”
Crown law used a private investigator to dig for dirt on White, confirmed by a government inquiry in 2018.
“I was treated as a criminal, but worse than a criminal.”
He said he was hammered with questions, including an insinuation he had allowed the abuse to happen in return for cigarettes.
“They showed no mercy and that, because they all had instructions, they had to win at all cost.”
The judge, Justice Forrest Miller, found sexual abuse happened to Earl White at Hokio, but it didn’t make a “material contribution” to his later problems.
Rather, the judge said they were caused by his early childhood.
“It is embarrassing for him, but not traumatic,” said the judge in his conclusion.
“To say it didn’t affect me, it’s just pathetic,” said White.
He said he’s had nightmares all his life and is on sleeping pills and seven different medications. At one point, he was feeling so low he poured terps all over his legs and set fire to himself.
White was not awarded damages, but later he did receive an ex gratia payment from the Ministry of Social Development and an apology.
The Royal Commission assessed his case during the inquiry and found Crown Law and MSD did not behave as a model litigant and minimised the Crown’s moral responsibility.
A former chief human rights commissioner, Rosslyn Noonan, said the case has had consequences for others.
“It caused huge anxiety and tension for other survivors. Frankly, it frightened them off from actually taking cases.”
She said she’s still “extremely disturbed” by what went on in the case.
Earl White has unsuccessfully appealed his case. Now he’s approached the Attorney General, saying if Tuesday’s apology is to mean anything at all, the Government should intervene to overturn the case.
The Attorney General Judith Collins said it’s not her role to overturn cases.
“I think people sometimes get confused with the US system. We don’t have that power. That’s for the courts.”
When asked if she thought the decision was a troubling precedent to have on the record books, Ms Collins responded that she doesn’t find court decisions troubling.
“It’s very important as the Attorney General that I uphold the rule of law and the courts they make their own decision. Again, it’s not the US system. It’s not how it works here. There are already mechanisms in the system, but that’s not something I can address in detail.”
During the royal commission’s inquiry Solicitor General Una Jagose agreed the overall impression of the White case was of a piece of litigation conducted aggressively by the Crown.
She’s one of seven public sector leaders delivering apologies on Tuesday.