Anybody who knows me, is aware that I am not a great Facebook user, but this might just be the way to get my feeling out and for all to see…. I am sitting at home feeling very frustrated and need to vent....So we attended the sentencing of Brad Martin last Wednesday expecting a resolution - however this was not to be! Anybody who knows me, is aware that I am not a great Facebook user, but this might just be the way to get my feeling out and for all to see…. I am sitting at home feeling very frustrated and need to vent....So we attended the sentencing of Brad Martin last Wednesday expecting a resolution - however this was not to be! So while Melissa continues to struggle with her recovery from serious multiple injuries including severe brain injury, blindness in one eye and vision impairment in the other, broken pituitary gland and a multitude of other impairments, we are also struggling with the unfairness of the justice system. The situation to date… 1st Court Appearance – Brad’s lawyer entered a plea of Not Guilty? Supposedly because the Defence Team had not had enough time to prepare their case?? Resulting in adjournment. My reponse: Why did they not have enough time? The facts are simple , we ALL know what happened, Brad has acknowledged his guilt, there is no grey area here….If I were the Judge I would have said “too bad, if you have come to court unprepared then so be it, we will continue regardless, it is your responsibility to do the work and be ready by the date set. Melissa did not have the opportunity to say “hey I’m not ready to be hospitalised with life threatening serious injuries…..can we put it off to a later date”….I did not have the opportunity to say “hey I’m not ready for my life to be turned upside down and have to cope with this reality”!! 2nd Court Appearance – Brad agreed to change his plea to Guilty - BUT ONLY if; a) the Prosecution reduce two of the charges and; b) That the Court be changed to the Auckland District Court! Both were agreed upon. Again the case was adjourned. My response: I wish to God, I could have an opportunity to plea bargain with someone to reduce Melissa’s sentence – perhaps we could reduce the injuries sustained, may be take away the blindness and perhaps the brain injury as well? I wish I could plea bargain with someone to reduce the stress this has placed on myself and family, I wish I could reduce the length (Term) of our sentence – perhaps we could have the life sentence we have received reduced? 3rd Court Appearance – The Sentencing Date!! At our pre-court meeting with the Crown Prosecutor, Serious Crash Unit and the Court Victim Advisor we were advised that the Judge would have already decided on the sentence Brad will receive and our being there will have no effect at all on this outcome. I would have the opportunity to read outloud my Victim Impact Statement and although the Judge had already read this, it would give me an opportunity to stand up and express my feelings to the court (for what it is worth). The Crown Prosecutor advised that they would be asking for a 3 year Jail Sentence, which after negotiating with the Defence, would most likely be reduced to 2 years or less. As such the Judge would then agree on a sentence of Home Detention rather than jail. With Home Detention, a suitable address is required so the accused can be monitored 24/7. Brad’s family live on Waiheke Island, which is not suitable for such monitoring. As a result of this when Brad made his appearance, the Judge asked his Lawyer if suitable accommodation has been found, she said no and the judge then said, well I will not pass sentence today so once again Adjourned!! The Prosecution tried to reason with the Judge that the Victims family and friends have travelled from all over to be here for the sentencing and could we please conclude this today. The Judge basically said he didn’t care and would not change his mind. This all lasted about 10 minutes max. We had no opportunity to say anything! My response: OMG…..I have no doubt that Brad’s family and Lawyer would have been quite certain that Brad would be likely to get a sentence of Home Detention, so why had they not already arranged this? If I were the Judge once again, I would have said “OK, that’s too bad …in light of the fact that no accommodation has been arranged for Brad, he will have to start serving his sentence in prison, until suitable arrangements are made….I am quite sure something would have been sorted pretty quickly. I felt quite sick on the morning of this sentencing, just because it is all very stressful and emotional, the idea of having to read out my victim impact statement (even though I know it will change nothing), the emotion of seeing Brad sentenced etc etc. But I took solace in knowing that by day’s end, at least this part of the nightmare will be over! I know that Brad’s family and Lawyers are only doing what they can to help Brad and I am not angry with them for doing this, as parents we would all be doing the same. However, there is no opportunity anywhere for Melissa, myself or any of her family or friends to have a say in what we feel should happen, we cannot appeal, we cannot do anything! I know it is not realistic and was never going to happen, but what is wrong with this boy standing up in court on the very first appearance and saying “You know what?, I don’t need legal representation, I am 100% guilty of causing this crash, it is absolutely my fault that peoples lives have been ruined and that I caused injury to two of my friends. I am truly sorry and remorseful, but I accept my guilt and I am prepared to accept appropriate punishment!” I do not want to see Brad go to jail and I don’t believe this would ever have been the likely outcome, but I would have had so much more respect for the boy if he had just stood up and accepted the consequences. It would have shown me that he truly is remorseful and that Melissa’s terrible injuries had had some effect. Brad’s Mum Angela has been an amazing support throughout this time, regularly visiting Melissa and providing food and vouchers to help out , and I thank her for this! I do understand where they are coming from as parents, wanting the best possible outcome for their son, however I cant help but wonder how they would feel if the shoe were on the other foot and it was their son who had been seriously injured and someone else was to blame for this. Phew...I do feel better now.....
Posted on: Sun, 05 Oct 2014 01:56:10 +0000
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