The lawyer for convicted murderer Phillip John Smith says police abused their power by issuing 23 press releases when Smith had allegedly escaped custody.
Smith is seeking an order to stop him being handcuffed in court while on trial.
At a Judicial Review in the Auckland High Court today, lawyer Tony Ellis argued the practice is barbaric and affected Smiths presumption of innocence.
He referred Justice Rebecca Edwards to a decision from the Indian Supreme Court which described the practice as inhumane and brutalising.
Mr Ellis argues the resulting publicity means that Smith can't get a fair trial on charges of escaping lawful custody and falsely obtaining a passport.
Smith failed to return from temporary release in 2014 and was later caught in Brazil.
He is charged with escaping lawful custody and falsely obtaining a passport.
Smith wanted to cross-examine Police Commissioner Mike Bush.
Newshub.
