and other scum [INTRO]

Posted in Uncategorized by Jack on 07/11/2008

CLICK ON [INTRO] above, for a speedier ride.

“BLOODY EVIL BASTARDS”

An exposé of corruption and perversity in the New Zealand Police.

“All members of the New Zealand Police have key roles to play in building and maintaining safer communities together. Those of us who have the privilege of holding the office of constable – that is, being sworn police officers – carry special powers to help protect life and property, preserve the peace, uphold the law and prevent and detect criminal offences. These powers come with important responsibilities. Chief amongst them, New Zealanders have a right to expect the highest standards of ethics, integrity and conduct from their police officers.”
Rob Robinson, Police Commissioner.

NZ Police standards of conduct.

The following standards of conduct are expected of all police officers:

Honesty and integrity
Fairness and impartiality
Respect for people
Respect for confidentiality
Obedience to the law and lawful orders
Reasonable exercise of discretion
Efficient performance of duties
Not damaging the reputation or relationships of the Police

CLICK 09 AGENT PROVOCATEUR FOR STARTERS.

“NO NEED TO MAKE UP DIRT, THE TRUTH IS SUFFICIENT.”

If its true it would be the story of the year.
weizguy.
17/11/2004

……………………………………………………………

paula wrote:

It’s a very informative site. There’s nobody more motivated than a Dutchman who has a grievance concerning money and reputation!

…………………………………………………………….

Bentcops is quite a revealing insight into NZ’s police. I’m personally familiar with some of their devious and heavy handed machinations.

Greg
………………………….

I feel secure in the knowledge that there are people among us capable of clear communication. I am impressed by your work Jack. I have understood the complexity of what you have said. I myself have limited academic ability. There-for I am grateful to be privy to this particular educational gem.

Regards Steven

………………………..

This is a very impressive piece of work. I’m concerned that the damning criticisms of the police on this site have gone unanswered and I suspect I know the reason – I think they must be valid.

Anon

………………………..

“Immediately after the 1999 election Labour initiated a Select Committee inquiry, designed to destroy Jenny Shipley’s credibility.

I learnt much from sitting on that enquiry. Once it was clear that Mrs Shipley was not implicated it became my first experience of Parliamentary bi-partisanship, as the committee grew increasingly appalled at the untrustworthiness of Police witnesses. No MP on that committee was unaffected. Most shattering was the simple stupidity at senior levels, in sticking to incredible denials in the face of overwhelming evidence, including video footage.

The committee had no desire to destroy public confidence in Police integrity. We noted our unhappiness with their evidence and focused the report on protocols for preserving constitutional propriety. It appears from reports of the Wang affair that Police agreement on those might have been as unreliable as their evidence to the committee.”

http://www.stephenfranks.co.nz/?p=109

JacksTui

Tagged with: Bent Cops, New Zealand Police, NZ Police, Ombudsman, Police Commissioner, Police Complaints Authority, Police Corruption, Security Intelligence Service, The Independent Police Conduct Authority

2 comments

01 Home Invasion (drugs 1984)

Posted in Bent Cops by Jack on 03/11/2008

bentcopslogo_021

Perverting the course of justice # 1

This letter started it all off.

ARMSTRONG BARTON 4 December1984

The Treasurer

Riamaki Society Incorporated

RD 6

RAETIHI

ATTENTION: MR J CORNELIUS

Dear Sir

RIAMAKI INCORPORATED SOCIETY

We have been instructed to act on behalf of Mr J Van der Lubbe concerning his membership of the abovenamed Society.

We refer to various correspondences your Society has had with Mr Van der Lubbe and particularly letters dated the 8th of March 1983, 15th of March 1983 and the 8th of August 1983. In each of these letters you state that Mr Van der Lubbe is no longer a member of the above Society. It would appear that the Society’s conclusion is based on the amendment to Rule 7 of the Society’s Rules, that amendment having been registered in early March of 1983. Rule 7 now reads “subscriptions remaining unpaid on the 2nd day of May each year shall be deemed to be in arrears. If these arrears remain unpaid 3 months from the due date the member automatically ceases to be a member of the Society and his or her share moneys shall be paid out to them in the same manner as resigned members”.

We note that on the 7th of March 1983 you wrote to Mr Van der Lubbe advising him of the date of the 6th Annual General Meeting of the above named Society. However on the 8th of March he received another letter stating that he was no longer a member. It is now clear that Mr Van der Lubbe’s membership was withdrawn because his annual subscription for the years 1979 to 1980, 1980 to 1981, 1981 to 1982 and 1982 to 1983 remained unpaid. However the amendment to Rule 7 states that annual subscriptions remaining unpaid on the 2nd day of May each year shall be deemed to be in arrears. This amendment was not registered until early March 1983. Therefore, the subscriptions in issue relate to years prior to the amendment to Rule 7.

Your Society has therefore purported to retrospectively implement the amendment to Rule 7 without any authority to do so. There is no general right at law or any specific right in the amendment to Rule 7 to implement the somewhat draconian measures set out in that Rule on a retrospective basis.

Furthermore on the 15th of March 1983 Mr Van der Lubbe forwarded to the Secretary of the abovenamed Society the arrears requested and also an advance payment for the oncoming year. This cheque was not accepted. A further cheque was forwarded to the Secretary on the 1st of June 1983 and this cheque was also not accepted. However, your Secretary did state that the arrears still remained owing as a debt to the Society. If that is the case on what basis did you purport to advise Mr Van der Lubbe that he was no longer a member of your Society? The annual subscription fee for the oncoming year had not yet fallen due and therefore if arrears for the previous years remained an enforceable debt then clearly they were enforceable against a member. It is also to be noted that under the amendment to Rule 7 once the member ceased to be a member of the Society, his or her share moneys would be repaid to them in the same manner as resigned members. Mr Van der Lubbe has never received such a repayment. If in fact, in your view, Mr Van der Lubbe is not now a member of your Society, why has this money not been repaid?

Therefore, in our view your Society has acted quite improperly by purporting to prevent Mr Van der Lubbe from exercising his clear right of membership. Your Society’s actions are wrong both in general law and one not permitted by the Rules of the Society. We finally refer to your letter of the 8th of August 1983 when in writing to Mr Van der Lubbe you suggest that he obtain further clarification of this matter from a Solicitor. Mr Van der Lubbe has obviously now done this and views with considerable anger the actions that your Society has taken against him. We further understand that there are several other people who have suffered the same fate as Mr Van der Lubbe. No doubt now Mr Van der Lubbe is, aware of the legal position, these people will also learn of your Society’s improper actions and may also wish to take the appropriate measures. We look forward to your early reply to this letter and your recognition of Mr Van der Lubbe’s continuing membership of the abovenamed Society.

Yours faithfully

ARMSTRONG BARTON

PER:

A F Cameron.

Every man’s house is his castle. Legal Maxim.

“If one is willing to make allegations, one must also provide credible evidence to support them.” Gordon Waugh.

The Riamaki Society Incorporated was formed by a group of people to control what could be described as a private Ohu, at the end of Croatons Road, Ruatiti Valley, Raetihi. All went well with this arrangement until Jerry Cornelius arrived on the scene. From that time until the winding up of the Society there was factional fighting (divide and rule) and illegal actions such as that described in the lawyer’s letter. Cornelius and the other remaining members of the society secretly wound up the Society and sold the assets, which included a one thousand-acre bush farm to Jerry Cornelius while the matter of my membership was before the Court. Cornelius paid me out my full share money out of his own pocket after I placed a Caveat on the Title to the farm. I was proved right and my lawyer, who is now a Judge, took all the money. Lesson number one.

Less than two weeks after the lawyer’s letter was sent to Cornelius (4/12/84) the Wanganui Drug Squad, detective Colin Irvine, came a-knocking at my door. He told me that he had a warrant and that he wanted to search the property for illegal drugs.

“Principles are a mug’s game.” JVDL

After complaining about the legalised home invaders to that brick wall the Police Commissioner and his cronies, I was suffering from righteous indignation, I complained to the then last resort the Ombudsman. I have numbered his report and will comment on it where I thought it necessary.

clip_image002

Cornelius cooked his goose when he lied to Irvine about me being a druggie and Irvine cooked his goose when he uttered that ”large scale cannabis cultivation” crap to the Ombudsman.

1 No Police Reports or files were made available to me.

2 If it was true that Irvine ‘was told by the informant on a number of occasions over a week that [I] was involved in the distribution of hard drugs’ it would indicate that the informant had an ulteria motive for the Police to take action. A person acting without malice or an agenda would go to the Police, give the information and let them get on with it, not go back several times to hound them into action. And why would they need to be hounded into action? Because I was unknown to Irvine and unknown in drug circles.

3 Shows that the informant associates with at least three hard druggies and or chemist shop burglars. The informant’s knowledge of what was stolen in the burglary shows that he didn’t just pluck his information from the newspaper, those details were not reported in the papers. It could also be that Irvine simply added the unreported details in order to obtain the search warrant/s for his fishing trip.

4 For the first three months of that year (1984) I was living 783 kilometres from Wanganui at Hihi Beach, Northland so Irvine’s statement is demonstrably false. He made up the whole of that paragraph to vilify my name to mislead the Ombudsman. It’s quite clear that he was sucked in by Irvine’s lies. When Sandra, the wife, read what Irvine had told the Ombudsman she nearly spontaneously combusted. She shot straight into the Police Station and demanded that Irvine prove his malicious accusations but all she got for her efforts were some bruises on her arms when she was unceremoniously ejected from the premises by a couple of “goons”.

5 The Police had no ‘reasonable grounds’ to obtain a search warrant and that was the first thing I told Irvine after he said that he had one. A single, persistent informer with no supporting or corroborating evidence are not the ‘reasonable grounds’ that are required.

More bogus search warrants

Rana Waitai

6 ‘The file suggests’ is a bit thin. Irvine’s visit to my traffic cop brother Eric was to test the reliability of the ‘recent’ information, nothing else. He hadn’t received any other information ever. Eric told Irvine his information was bollocks but still he went ahead.

7 I was aware from the beginning of who the informant was.

On the night of the home invasion I said to Irvine “I know who’s done this, Jerry Cornelius.” At that Irvine flinched and walked away without denying my allegation. Another Policeman piped up saying, “Well if you know him you must be guilty.” I then showed Irvine the lawyer’s letter but he refused to read it. If you try to explain matters they either ignore you or they say, “Look I’m not here to argue with you” and then they barge on with their nefarious business. To that time I had met Cornelius just once and on that one occasion he volunteered to me that he had done time for burglary. Why did he do that? He was fishing to see if I was a criminal like him. I guess that if I had told Cornelius that I was a burglar like him the burglary squad would have invaded my home. He chose drugs (I did have long hair) and his gullible and corrupt mate Irvine.

8 The Ombudsman has omitted the fact that two warrants were issued. Irvine got the address all wrong on the first one, an address nowhere near my place. He went to that address armed with his bogus warrant and found that he had cocked-up. So much for his ‘reliable intelligence.’ Without a second thought, an alarm bell should have rung, he went back to the previously ‘satisfied judicial officer’ who granted him a second warrant. If a cop asks for a warrant he will get it, simple as that. No probing questions asked. All lies believed.

+++++++++++++++++++++++++++++++++

From Comments on page 03,

I came upon this site quite by accident. I haven’t read all the site, but the names #Van Der LUBBE# and #BRITTON# appear to feature so far….let it be known for the record that I was a serving copper in Wanganui from 1980 until 1986. Let it also be known that I was part of a team on one occasion that executed a drugs warrant at the Van Der LUBBE address in Ballance Street Wanganui, in the early 80’s. Quite surprisingly, Det Colin IRVINE made the mistake of speaking with a Van Der LUBBE family member (brother of the warrant target) the day before (probably because the brother was a traffic cop), with the consequence that no drugs were found. However, we coppers were all shocked to see a loaded high calibre rifle under the master bed, shocked because the Van Der LUBBE’s had young children living in the house. What was even more surprising was Mr Van Der LUBBE knew the loaded rifle was under his bed, but was not at all concerned about the fact.

I can also say that the BRITTON family living up the para paras often came to notice of us boys in blue. I also seem to recall Matthew(?) BRITTON coming to national prominence by setting up camp in parliament grounds.

Be your own judge…

Mike Cannon | February 26th, 2007 at 3:07 pm (edit)

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I just love it when cops get their “facts” provably wrong.

1. The “drugs warrant” was executed at an address in Paterson Street. Irvine got it all wrong and he got the first warrant for my fathers place in Ballance Street. He had to tell his lies all over again to get a second one for the right address.

2. Believe it or not my brother did not warn me that a raid was in the offing. Irvine found nothing because there was nothing to be found. I am not and have never have been a druggie and Irvine approached my brother and asked him if I was involved in drugs because he had absolutly no information (other than the lies fed to him by the probable double killer and kid fucker Jerry Cornelius) that I was.

3. Saying that the rifle was loaded is an outright lie. The rifle was under the bed in the box it came in and a packet of bullets was in the box with it. That’s not loaded but it was a bit silly I must admit. Irvine said as much at the time but I told him my kids knew not to go near the gun. A bit nieve of me I know.

4. The Brittons` never lived up the “paraparas”. They lived in the Parihauhau Valley when their kids young (pre teen) and unknown to the police. And as for Mathew Britton setting up camp in parliament grounds don’t make me laugh. He might have been there for the big cannabis smoke up but that’s all.

You’re either a lier or a fool Mike.

Jack | February 26th, 2007 at 3:56 pm (edit)

——————————————————————————–

Thanks for the corrections Jack….I haven’t been back to Wanganui for many many years, so obviously I need to consult a street directory to know the difference between Ballance / Paterson Streets.

I don’t have a particular axe to grind, I did my 16 years as a copper, and left more than 10 years ago. I’m no longer in NZ now, but I can tell you that the rifle WAS loaded, and yes, it was in a box with spare ammo.

Yes, the Brittons did live in the Parihauhau valley, which runs parallel to the parapara road at the Upuk end. I think you’re ’splitting hairs’ by drawing the distinction – you know I was referring to that general area.

I’d like to think I’m no fool, and I am certainly not a liar (nor exaggerator).

In my experience, this web site indicates someone continuously crying foul, which is a form of mock outrage. This only gets people wondering if the person(s) crying foul are not hiding some home truths anyway.

If you had a beef against the cops, ok, but do what most of us do after a while – just move on.

Mike Cannon | February 26th, 2007 at 6:32 pm (edit)

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You’re wrong Mike, the rifle was not loaded and saying it was (only drug dealers have loaded guns under the bed) and also saying the only reason you didn’t find any drugs was because I was tipped off is nothing but another attempt to smear me. How do you know the rifle was was loaded Mike? Irvine didn’t pick it up and work the bolt. You are a liar Mike.

Were you the uniformed cop who accompanied Irvine to Ballance Street, Paterson Street or both addresses? Were you the “We’ll get you!” cop.

The NZ Police NEVER move on as you put it Mike so how the hell am I to?

I’ve been waiting for over three weeks for a cop (Sergeant Andrew McDonald) to come round and take a statement from me about a case of intimidation. A week ago I phoned him and he said he was sorry for being “tardy” and would come to my address the next day.

Same old shit from the boys in blue.

+++++++++++++++++++++++++++++++++

Superintendent Norm Stanhope, like most cops, is a liar.

“Another good trick, or so we thought, was executing search warrants. There were always tame JPs willing to sign our applications for search warrants and so you would get a handful of warrants and off you would go to fight crime. You would have an amazing strike rate because in those days crims would, with minimal coaxing, tell tales on other crims. All crims and folk who associated with crims, had a habit of collecting photos, of each other.” Rana Waitai, Rana Reckons, Wanganui Community News June 11 2009.

I made comments but to no avail.

The last thing one of Irvine’s co-invaders, the “If you know him you must be guilty” cop said to me as they left my place empty handed was, “We’ll get you.” And man did they try!

I should have had my blood tested for illicit drugs, another thing I didn’t think of. That would have proved Irvine and his informant were/are full of crap.

The Police then entered into my Wanganui Computer file, ‘Has made a complaint against Police.’

Not long after that I went with a friend and a land agent to look at a farm that was for sale in the same valley as the Cornelius farm and as soon as Cornelius learned that we had been in ‘his’ valley he complained to his buddy Irvine that I had stolen some (unspecified) tools from his farm. Irvine, the shameless fool, believed him again and tried to interview me about it. I told him that there was now no doubt whatsoever as to who his ‘earlier informant’ was. I never heard any more about the stolen tools.

During the search I got angry and kicked up a bit of a stink and some cop, maybe Irvine said, “Only guilty people kick up a stink.” The Dog handler, Brechmanis said, If this was America you would have been shot by now.” That after he insulted the state of our unfinished house. Another cop piped up and said, “It looks alright to me.”

Next day after I told my lawyer what had happened he said, “I hope you kicked up a fuss?”

_______________________

25. nicky59

My chosen field continues to disgust me. (Lawyer) Judges/JPs are corrupt (some of them – especially the JPs – ALWAYS give police the warrants they ask for), police officers routinely lie in court (to the point where most of them -with a pitiful few exceptions – can’t even tell the difference between the truth and a lie after a few years), defence lawyers routinely reveal privileged information to the police/prosecutors, or deliberately do not push a strong line of defence, to help convict their own clients (there are countless innocent men in prison BECAUSE of their own corrupt defence lawyers), most prosecutors have entirely lost sight of their obligation to withdraw charges (or ask that they be dismissed in extreme cases) when they form a reasonable belief that the EVIDENCE does not support the charge (they seem to think trials are some form of “game” that they need to “win”).

posh_paws (3 ) 9:58 pm, 16 Mar 09

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LOOSE LIPS SINK SHIPS

Friday, 28 April 2006

The Police Commissioner

Office of the Commissioner

PO Box 3017

Wellington

Dear Sir,

Back in 1987 I complained to the then Ombudsman John Robertson about a

case of Police corruption concerning a Detective Colin Irvine of the

Wanganui Drug Squad and his rewarded criminal informer Jerry

Cornelius.

My complaint was that Colin Irvine used false information to obtain

two search warrants and later failed to prosecute Jerry Cornelius for

supplying information to the Police that he knew was false and

malicious.

The Ombudsman dismissed my complaint because Detective Irvine told him

a pack of lies about me, his alleged reliable informants and his relationship with Cornelius.

If you go to www.bentcops.org and click on 01 Home Invasion (drugs)

you will gather what I’m on about.

Attached is some fresh information that I received via email from a

visitor to page 01 on my site which I believe shows that my 1987

allegations about Detective Colin Irvine and his probable double

killer mate Cornelius were correct and that Colin Irvine lied to Mr

Robertson to protect himself and his criminal informant Jerry Cornelius from justice.

********************************************************************

“Jack I came across your site while searching for information

regarding the suppressed information in the Louise Nicholas case. I

didn’t find what I was looking for, but I found the name of Jerry

Cornelius.

When Jerry Cornelius first arrived at the Riamaki commune up in

Raetihi, he was already a valuable informer of some years standing for

the police. Jerry had done some valuable work for the police in

regards to the infamous Mr Asia drug conspiracy. Colin Irvine from

Wanganui was Jerry’s controller and protector. You had no chance. (My emphasis)

From the very beginning Jerry Cornelius intended to gain control of the

land, which was known as Riamaki, as you know the rest is history. It

was used to grow weed with the full knowledge of Irvine and co and

this weed was later sold to the underworld via jerry who then passed

on the information to Irvine and co who used it to arrest the

wrong doers and put them in prison. (They call it justice) To say

Jerry and Irvine were friends would be an understatement.

IRVINE_01

Evil bastard.

Are policemen who turn a blind eye to or actively avoid investigating or prosecuting a reported case of perverting the course of justice also guilty of that crime? I say YES!

Jerry changed his name to ***** ********* in the early nineties to give

himself a new persona but as they say, “the leopard cannot change its spots”.

Cornelius often hosted members of the Wellington and Wanganui drug

squads at Riamaki for “lost weekend” hunting trips. Another reason why

he did what he did to keep people out of “his” valley. He made people

frightened of him. He used his friendship with the police to hide his

nefarious activities. Which included growing large amounts of weed

that the police never officially knew about but helped him distribute

while he was on the job for them. I suggest the police had an idea

this might be the case but since Jerry was delivering the goods they

turned a blind eye. In his own way Cornelius was very clever.

Eventually the police woke up to the fact Jerry was a socio-path and as

such very dangerous to them as well as to others. Jerry’s usefulness

was coming to an end, and he was retired as a credible nark. But while

he plied his trade he did a great deal of damage to the innocent as

well as the guilty. I am lead to believe he is still on very friendly

terms with Irvine.

Around 1997-8 after receiving information from a very reliable source,

the Ohakune police under the direction of then sergeant Mike Hill

launched a very discreet double murder inquiry in the back blocks of

Raetihi with Cornelius as the prime suspect. It was a very

comprehensive investigation carried out of the public eye, but with

the alleged murders having been committed some 20 years previously and

no bodies, it didn’t get very far. But Cornelius remains the major

suspect. A very difficult situation for the police to deal with.

To get the police off his back and to cover his tracks Jerry

eventually sold the land to Gary Rawnsley and moved north with a

pocket full of cash. The last I heard (about 2000) he was living in

Auckland.

Those murdered were a nephew of Jerry and his friend. The nephew was

the son of jerry’s sister. She lives-lived up Whangarei somewhere.

Because Jerry was the last person to see the boys alive he always

maintained they had decided to go to Australia, This is the story

Jerry told his sister. She lived in hope he was alive and would come

back.

I remember Mike Hill drove up to Whangarei from Ohakune to interview her.

They had gone bush with Jerry to put in a dope plantation back in the

late seventies. Sometime during that period the nephew and his friend

became disenchanted with the idea of growing dope and wanted out.

Because they were so far into the bush Jerry agreed to take them back

to civilisation. (A couple of days hike through the bush) That was the

last anybody ever saw of the nephew and his friend. The theory is that

Jerry would not have trusted them to keep quiet so he shot them both

with the shotgun he always carried and disposed of their bodies in the

wilderness.

The police started their investigation with a missing persons inquiry.

This is back about 97-98 and is a matter of public record. They made

extensive enquiries around the Raetihi district seeking information.

There was a story about the missing pair on the television show

Crimewatch and a newspaper article in the Auckland Herald if my memory

serves me well. But at no time did the police make any mention of

Jerry Cornelius. It was kept as a missing persons enquiry. But while

all of these enquiries drew a blank, I assure you the police

investigation under the control of Mike Hill is in no doubt foul play

took place and the finger is pointed at Jerry Cornelius. Because of

the way this all developed, concern was raised by vested interests

with Mike Hill about the connection between Jerry and the police and

who could be trusted (in this instance Mike Hill is the good guy) Mike

assured everybody concerned this matter was being treated with upmost

seriousness. When police first questioned Jerry about the missing pair

he denied everything of course. But what he did was run straight to

Colin Irvine to find out what was going on. Eyebrows were raised in

the police ranks by Irvine’s enquiries about the case and he was kept

out of the loop, strange as it may appear, It seems Irvine is not

trusted by some in his own ranks.

A lot of the people Jerry narked on were his friends or so they

thought and would never believe him capable of treachery towards them.

As far as I am aware the people he helped put in jail for his own

rewards never knew of his deceptions. Jerry has always been very good

at creating divide and rule. Promote confusion and doubt and offer

friendship. A very treacherous man.

I suggest to you Cornelius saw everyone as the enemy to be used in

whatever way he deemed appropriate to further his own aims and

objectives. (whatever they were)

I also suggest to you the chemist shop burglary you mentioned was

carried out by Jerry and he then fingered you to the cops for his own

ends but also to discredit your credibility. With the cops on his side

it wasn’t hard to do. Not that they knew Jerry did the burg. After the

accusation is made its very hard for you or anybody to disprove. It’s

a tactic Jerry used many many times to discredit those around him.

It was suggested to me that jerry would steal property from one person

and then secret it at the property of another, then tip of the cops.

He would then sit back and play both ends against the middle. Could he

have done this with you?

I remember a time when he was milling native timber at Riamaki. He was

having a running battle with his own son Max. Jerry hammered 4-inch

nails into several rimu logs and then accused Max of sabotaging his

operation. He would create the suspicion. Who after all would destroy

their own property? Jerry could spin a story so well and convince the

gullible as to its authenticity. Jerry would go to the pub, buy drinks

for people and them tell them stories about people, places and events

that were nothing but lies. I suggest to you generally speaking people

have no comprehension of how “EVIL” Jerry Cornelius is.”

LooseLips

********************************************************************

So there you have it, someone in the know but unknown to me has confirmed my allegations that Jerry Cornelius was Colin Irvine’s ‘nark’ and that Cornelius used the gullible Irvine in attempt to scare me off my civil legal action against the Riamaki Society Inc. Even though Irvine knew he had been duped by his “reliable” informant he did what all “good” cops do, he lied to all the people he needed to to protect himself and his man Cornelius. I believe it’s called noble-cause corruption. Colin Irvine therefore perverted/defeated the course of justice by lying about me and my history, the circumstances of the search warrants, his alleged informants and by not prosecuting Cornelius for supplying false, malicious information about me to the Police.

He is also guilty of lying to Judge Bill Unwin. (1987)

It is because of Irvine’s lies about me that my family and I have been denied our civil rights by the NZ Police since 1984. I for one am not at all surprised that certain people, a little less stable than myself, run amok when they tire of bashing their heads against the brick wall that has been erected by evil police officers to protect themselves and their equally evil criminal mates. Just think, if Cornelius had been prosecuted by Irvine for making false statements about me in 1984 his informer’s cover would have been “blown” and the killing of the two aforementioned would-be cannabis growers would not have happened.

What I want to know at this stage is this; did detective Colin Irvine of the Wanganui Police ever employ/use Jerry Cornelius as an informer and if so was Colin Irvine Jerry’s controller and protector and also did sergeant Mike Hill of the Ohakune Police ever launch a murder inquiry in the back blocks of Raetihi with Jerry Cornelius as the prime suspect?

This request is made pursuant to the Official Information Act 1982.

Yours faithfully

Jack Van Der Lubbe

Wanganui.

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18MayPNH_01

———————————————————————————————————————–

26/4/06

Sergeant? Mike Hill

Wellington District Headquarters

PO Box 693

Wellington

Dear Sir

I have received the below information via email from a visitor to my web site bentcops.org

Please correct any inaccuraties.

“Around 1997-8 after receiving information from a very reliable source, the Ohakune police under the direction of then sergeant Mike Hill launched a very discreet double murder inquiry in the back blocks of Raetihi with Cornelius as the prime suspect. It was a very comprehensive investigation carried out of the public eye, but with the alleged murders having been committed some 20 years previously and no bodies, it didn’t get very far. But Cornelius remains the major suspect. A very difficult situation for the police to deal with.

To get the police off his back and to cover his tracks Jerry eventually sold the land to Gary Rawnsley and moved north with a pocket full of cash. The last I heard (about 2000) he was living in Auckland.

Those murdered were a nephew of Jerry and his friend. The nephew was the son of jerry’s sister. She lives-lived up Whangarei somewhere. Because Jerry was the last person to see the boys alive he always maintained they had decided to go to Australia, This is the story Jerry told his sister. She lived in hope he was alive and would come back.

I remember Mike Hill drove up to Whangarei from Ohakune to interview her.

They had gone bush with Jerry to put in a dope plantation back in the late seventies. Sometime during that period the nephew and his friend became disenchanted with the idea of growing dope and wanted out. Because they were so far into the bush Jerry agreed to take them back to civilisation. (A couple of days hike through the bush) That was the last anybody ever saw of the nephew and his friend. The theory is that Jerry would not have trusted them to keep quiet so he shot them both with the shotgun he always carried and disposed of their bodies in the wilderness.

The police started their investigation with a missing persons inquiry. This is back about 97-98 and is a matter of public record. They made extensive enquiries around the Raetihi district seeking information. There was a story about the missing pair on the television show Crimewatch and a newspaper article in the Auckland Herald if my memory serves me well. But at no time did the police make any mention of Jerry Cornelius. It was kept as a missing persons enquiry. But while all of these enquiries drew a blank, I assure you the police investigation under the control of Mike Hill is in no doubt foul play took place and the finger is pointed at Jerry Cornelius. Because of the way this all developed, concern was raised by vested interests with Mike Hill about the connection between Jerry and the police and who could be trusted (in this instance Mike Hill is the good guy) Mike assured everybody concerned this matter was being treated with upmost seriousness. When police first questioned Jerry about the missing pair he denied everything of course. But what he did was run straight to Colin Irvine to find out what was going on. Eyebrows were raised in the police ranks by Irvine’s enquiries about the case and he was kept out of the loop, strange as it may appear, It seems Irvine is not trusted by some in his own ranks”

This request is made pursuant to the Official Information Act 1982.

Yours faithfully

Jack Van Der Lubbe

Wanganui.

——————————————————————————————————————— MikeHillscan_01

The offence of Perverting the course of justice is committed when an accused:-

does an act or series of acts;

which has or have a tendency to pervert; and

which is or are intended to pervert;

the course of public justice.

The offence is contrary to common law and triable only on indictment. It carries a maximum penalty of life imprisonment and/or a fine.

The course of justice must be in existence at the time of the act(s). The course of justice starts when:-

an event has occurred, from which it can reasonably be expected that an investigation will follow; or

investigations which could/might bring proceedings have actually started; or

proceedings have started or are about to start.

In (R v Cotter and Others [2000] TLR) it was held that ‘the course of public justice included the process of criminal investigation following a false allegation against either an identifiable or unidentifiable individual.’

The offence of perverting the course of justice is sometimes referred to as “attempting to pervert the course of justice”. It does not matter whether or not the acts result in a perversion of the course of justice: the offence is committed when acts tending and intended to pervert a course of justice are done.

—————————

The following are examples of acts which may constitute the offence, although General Charging Principles, above in this chapter and Charging Practice for Public Justice Offences, above in this chapter should be carefully considered before preferring a charge of perverting the course of justice:-

persuading, or attempting to persuade, by intimidation, harm or otherwise, a witness not to give evidence, to alter his evidence or to give false evidence;

interference with jurors with a view to influencing their verdict;

false alibis and interference with evidence or exhibits, for example blood and DNA samples;

providing false details of identity to the police or courts with a view to avoiding the consequences of a police investigation or prosecution;

————————

giving false information, or agreeing to give false information, to the police with a view to frustrating a police inquiry; for example, lying as to who was driving when a road traffic accident occurred;

————————

lending a driving licence to another to produce to the police following a notice to produce, thereby avoiding an offence of driving whilst disqualified being discovered;

agreeing to give false evidence;

concealing or destroying evidence concerning a police investigation to avoid arrest;

assisting others to evade arrest for a significant period of time;

and

making a false allegation which wrongfully exposes another person to the risk of arrest, imprisonment pending trial, and possible wrongful conviction and sentence.

————————

It is likely that perverting the course of justice will be the appropriate charge when:-

the acts wrongfully expose another person to risk of arrest or prosecution;

the obstruction of a police investigation is premeditated, prolonged or elaborate;

the acts hide from the police the commission of a serious crime;

a police investigation into serious crime has been significantly or wholly frustrated or misled;

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Be your own judge…

Mike Cannon

——————————————————————————–

I just love it when cops get their “facts” provably wrong.

3. Saying that the rifle was loaded is an outright lie. The rifle was under the bed in the box it came in and a packet of bullets was in the box with it. That’s not loaded but it was a bit silly of me I must admit. Irvine said as much at the time but I told him my kids knew not to go near the gun. A bit nieve of me I know.

4. The Brittons` never lived up the “paraparas”. They lived in the Parihauhau Valley when their kids were young and unknown to the police. And as for Mathew Britton setting up camp in parliament grounds don’t make me laugh. He might have been there for the big cannabis smoke up but that’s all.

You’re either a lier or a fool Mike.

Jack

——————————————————————————–

Thanks for the corrections Jack….I haven’t been back to Wanganui for many many years, so obviously I need to consult a street directory to know the difference between Ballance / Paterson Streets.

I’d like to think I’m no fool, and I am certainly not a liar (nor exaggerator).

If you had a beef against the cops, ok, but do what most of us do after a while – just move on.

Mike Cannon

——————————————————————————–

Were you the uniformed cop who accompanied Irvine to Ballance Street, Paterson Street or both addresses? Were you the “We’ll get you!” cop.

The NZ Police NEVER move on as you put it Mike so how the hell am I to?

Jack

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Informant wins appeal.

August 21, 2008

A recidivist burglar has had his jail sentence quashed and case sent back to the district court because of his role as a police informant.

Conrad Gray, 24, smashed his way into the house of a Rotorua man last November and threatened him with an axe, said a Court of Appeal judgment released yesterday.

Gray was sentenced in Rotorua District Court to three years and three months on charges of assault with a weapon and burglary.

The Court of Appeal judgment said information about Gray’s assistance to police in a separate investigation was not brought to the sentencing judge’s attention.

His lawyer had argued that Gray’s sentence was excessive when his role as an informant was taken into account.

The Crown disagreed, saying his list of convictions and the seriousness of his recent offending – committed while on parole – made the original sentence adequate.

But the Court of Appeal quashed it and said rather than reconsider the sentence, it should be returned to the District Court.

http://www.nzherald.co.nz/category/story.cfm?c_id=30&objectid=10528195

____________________________________________________________

50 Responses to “01 Home Invasion (drugs 1984)”

1. Terry Batchelor of the NZ Police who interviewed the Rainbow Warrior bomber suspects Marfat and Preur said this, “ I explained to them that they weren’t necessarily suspects but the fact that they were seen around the waterfront, we would like to speak to them and clear them before they flew out of New Zealand.

We were quite pleasant, there was no nastiness, there was no yelling, no screaming, no raised voices, none of these things and they were surprisingly cooperative under the circumstances. If they were totally innocent I think you’d be creating a scene somehow, I think the average person would be, you know, what the hell am I doing here, I haven’t done anything wrong, we’re on holiday, this is stupid. You know these are the things normal people would do”

NZ Police

Applying for a Search Warrant:

Section 198 fo the Summary Proceedings Act 1957 allows any person to make an application for the issue of a search warrant to any District Court Judge or Justice of the Peace or Community Magistrate or Registrar (not being a Constable).

Although any person may make such an application in the past it was primarily Police or Government Agencies that applied. It is now more common, with the likes of ACC having private investigators, for other people to apply.

Note: Police are still required to execute the search warrants in those instances.

The majority of applications are made under the Summary Proceedings Act 1957 but search warrants can also be applied for and issued by the Registrar under various other Acts, eg:

Customs and Excise Act 1996, section 167

Fair Trading Act 1986, section 47

Fisheries Act 1996

Gambling Act 2003, section 340

Prostitution Reform Act 2003, section 27 and 30

Animal Welfare Act, section 131(1)

Film, Videos and Publication Classification Act 1993, section 109

Sale of Liquor Act 1989, section 177(1)

Note: Fisheries refers to Right of Entry but the process is the same.

Issuing a search warrant is one of the most important powers that a Registrar exercises because it allows the Police to breach an individuals human rights by searching their personal property. High priority is given to issuing search warrants, due to the need to balance civil liberties (an individuals freedom to use their property, and freedom from interference from the State) against the need to investigate crime.

A Registrar is not liable for anything in the warrant that is untrue, that is if an officer swears that it is, and it is not, the Registrar can not be to blame, although the Registrar must not sign and seal anything that does not seem right.

Although most applications are in writing and supported by an affidavit, if it seems proper to do so the Registrar may issue a search warrant on an application made on oath orally. But in that event he/she SHALL make a note in writing of the grounds of the application. Likewise if further information is required on a written application the applicant can be put on oath and questioned by the Registrar with a written record being kept.

If the application is in relation to a solicitor or doctors practice it should be referred to a Judge, usually in chambers. The issue in relation to these cases is that of confidentiality of information.

Another type of search warrant, but one which a Registrar doesn’t sign is a data search warrant. This is a warrant sought to search computer data bases of companies etc, where it becomes like spying sting on the ring involved. The Registrar will have the officer swear on the bible in front of a Judge in chambers, the Judge will sign to it, the Registrar will place on a seal on the envelope and this copy is locked away until the case is resolved (as the only other record of this undertaking)

The granting of a search warrant is a judicial act – not an administative one. The Registrar must be satisfied that there is reasonable grounds for belief. Suspicion is not enough.

————————————————————————————————————————

27 April 2006

GREYMOUTH: West Coast police officer Peter James McCutcheon, 42, of Ross, has received a registrar’s remand to May 30, when he is expected to enter pleas to four charges related to alleged incidents in July and August last year.

Cutcheon is charged with two counts of dishonestly using phone records and two of making false statements under oath to obtain a search warrant.

———————————————–

Bent Greymouth cop to plead guilty

May 31, 2006

A West Coast police officer facing conviction on criminal charges is set to plead guilty, but he says he has no regrets.

Ross Constable Peter McCutcheon has been suspended on full pay since February. He was charged with two counts of dishonesty and three of making false statements following an audit of police paperwork.

McCutcheon has been in the police force for 15 years – four of those in Ross which has now been left with no local officer.

The community constable is accused of abusing his police powers. It is alleged he got warrants to check phone calls being made to his girlfriend, police Constable Lynda Hine.

The pair are still together and McCutcheon says he has no regrets despite the charges.

“What I did was wrong, but there were other ways they could have dealt with it, but this is the way they’ve chosen so that’s fine,” he told One News.

Hine was also suspended from her job in Greymouth in February and like McCutcheon has been on full pay.

Police say the ongoing internal disciplinary inquiry into Hine should be completed in a couple of weeks but she won’t face any criminal charges.

McCutcheon told One News that he will be pleading guilty and resigning from the police force in due course.

———————————————————————————————————————–

Police admit paying narks for drug-dealing info

30 May 2006

By MICHAEL CUMMINGS

Members of Palmerston North’s criminal underworld are being paid by police to nark on drug dealers.

The revelation came yesterday at the High Court trial in Palmerston North of a 40-year-old woman charged with possession of LSD for supply and possession of cannabis for sale.

Patricia May Walsh was found with 235 “trips” of LSD and almost a kilogram of cannabis in the boot of her car in Stillwater Place on December 2, 2004. The jury was told the drugs are worth as much as $14,000.

Walsh was also found with $1400 cash rolled up in a bundle in her pocket.

Palmerston North police Strategic Crime Unit head David Thompson, said the SCU received an anonymous phone call claiming Walsh was in possession of the drugs.

Under cross-examination from defence counsel Val Nisbet, Detective Thompson said some of the informants the SCU uses are from the criminal underworld and get paid for information “on occasions”.

How much was not disclosed.

Walsh told police she was giving a man she identified as Jason Whakarau a ride to a Freyberg Street address when he asked to stop at the Stillwater Place house to “score P”.

Det Thompson told the court Mr Whakarau was “in and out of the gang scene” and affiliated to the Mongrel Mob.

Acting on information from an anonymous tip-off, Detective Constable Matthew Akuhata and Constable Kimberley Hawkins of the SCU drove to Stillwater Place in an unmarked police car.

Walsh walked out of the address and was intercepted by the officers.

A search of her vehicle uncovered a bucket in the boot containing 935 grams of cannabis.

Walsh was arrested and yelled repeatedly “f–- you Jason, you nark” toward the house Mr Whakarau was in, Det Akuhata said.

Walsh told the officers she had been “framed”.

A search of Walsh at Palmerston North police station found a plastic pill bottle containing granules of LSD, a class A drug.

In an interview with Det Akuhata, Walsh said Mr Whakarau put the drugs in the boot of her car without her knowledge when she picked him up earlier that day. She said she picked the pill bottle up off the floor of the house in Stillwater Place, and didn’t know what was in it.

Det Akuhata said to Walsh: “I put it to you that the drugs do belong to you, that you’re making this up to avoid prosecution.”

“Knowing what sort of person Jason is and knowing what sort of backlash I’m going to receive for saying this, it’s Jason’s.

“I’ve gone down for him in the past and I’m not going down for him again. I’m scared of Jason, he threatens me all the time. He’s making me pay to live in Palmerston North. I know what the backlash will be. He’ll order a home invasion or burn my car or something.”

Walsh insisted the drugs did not belong to her.

“I’m not guilty, it’s not mine.”

—————————————————————————————————————————

what has happened to this jerry cornelius have you pressed charges, Slander etc against him. You would have grounds wouldnt you. I feel for you & your family, but not all cops are bad. Lately you would think they were all tarred with the same Brush.Have you been on TV,20/20, 60 minutes, etc. Have noticed Young Policeofficers that are straight out of training have no social skills right plonkers on power trips, have informed a good friend of mine a senior officer they will cause problems in town if they keep up with their attitudes, hoping they be curbed or sent back for more training in Manners for a start. well good luck I hope your lives get better. Dont let them get you down life is to short

2. Nothing Jo. Cornelius remains fully protected by the NZ Police.

Jack

3. HI what i would like to know is do they keep copys of warrants that dont turn up a thing or get rid of them like if your plade is searched is there a record of this and how long dos police keep any such copys of warrants Thanks tecnovist

tecnovist

4. Hi Tecy, The cops have to apply to the District Court for a warrant and you can get a copy of it and the application affidavit for a period of 2 years I think.

jack | September 24th, 2005 at 1:23 pm

5. Sounds to me like you got what you deserved. The Omsbudman made a fair judgement. You exhibit every symptom of paranoid schizophrenia in this site. You don’t need support, you need a psychiatrist.

Dee

6. “I can only conclude that the actions of the Police in acting on the informant’s advise and their own intelligence was in accordance in terms of the legislation.”

The Ombudsman simply went along with the Police version of events, if you think that’s fair Dee then I believe it might be you who needs the help.

jack

7. You’re a drug dealer – you deserve everything you got. You think this anti-cop campaign of yours changes anything? It just gives me all the more reason to have faith in our police force. Drug dealers like you are scum and shouldbe wiped out. We don’t need you peddling your trash and killing our kids.

8. Do you think for one minute that a drug dealer would draw attention to himself like I have with this web site? Use your head me.

Jack

9. Dude you have issues!!

Daniel

10. ‘Dee’ and ‘me’ are tosseurs.

There must be something you can do. I’m sure there’s a law that stops people from taking a case to court if they’ve done too many stupid ones in the past…so therefore surely there is one that’s applied to people who inform/complain to the police. Include that bee arch in your prayers.

puihi

11. LOOSE LIPS SINK SHIPS ..There is a peace about

Mr Asia drug conspiracy in…

http://www.google.co.nz/search?hl=en&cr=countryNZ&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=%22peter+fulcher%22&spell=1

And in juice…

http://juice.box.sk/newsread.php?newsid=338

All so there is an out fit called The smooth that has connections to Mr Asia

macist

12. Here is an interesting

peace In crime, it pays not to talk

http://www.nzherald.co.nz/topic/story.cfm?c_id=339&ObjectID=3604235

Read this BIT….

There are many events in this yarn about

> > > Clark ..{{ A Police Informer }}.. and petty thief who went on to become, probably, New Zealand’s biggest crime boss) that have elements of what would be farce if it were not for the trail of bodies and fear and lives ruined.

macist

13. http://www.ellisnz.com/2006/04/peter-fulcher-is-he-harmless-man.html

(More info for you about bent cops jack)

…For a convicted drug dealer who was involved with the Mr Asia gang that …{{bribed many police officers,}}… imported so much heroin into Australia, New Zealand and Britain and murdered several people when they started talking? After being released from prison he then goes about getting himself charged with more drug offences and obtains a fake passport.

Sounds to me like he should never have been let out of prison in the first place.

macist

14. Of course there are many who believe that Terry Clarke AKA Alexander Sinclair is not dead and living in luxury on the Costa Brava ejoying his ill gotten gains.

As for Karen Soich, Its been suggested she had access to a lot of the loot and used it to buy her freedom from prosecution and get reinstated as a lawyer. Well i mean there are crooks everywhere. so anything is possible.

Met my share of crooked lawyers over the years.

herman

15. Macist – you misquote me, and fail to clearly show your additions to my text are not a clarification of my comments. I do not make any assetions about police bribery/illegal activity in the post.

I wrote the post about Peter Fulcher and that he should not have been released from prison as he was incapable of staying legit.

If my post is your ‘evidence’ of Police Corruption then I would say that our police are 100% legit.

Michael

16. i like it how you edit out so many of the people who speak out against you, this is typical of the type of person you are. You have a personality disorder called “narcissim” you are narcissistic. Check it out on the web http://en.wikipedia.org/wiki/Narcissism_%28psychology%29 in fact I would have to say in my years as a professor in psychology you exhibit all the signs and as we say in the field “Chronic case of narcissim”. Why don’t you stop being a drag on society and do something worthwhile with your life instead of wasting tax payers money and Police time. Seriously you would have to be the biggest loser I have ever come across!

Macca

17. [edit] Signs and symptoms

People who have a narcissistic personality style rather than narcissistic personality disorder are generally psychologically healthy, but may at times be arrogant, proud, shrewd, confident, self-centered and determined to be at the top. They do not, however, have an unrealistic image of their skills and worth and are not dependent on praise to sustain a healthy self-esteem.

Overreacts to criticism, becoming angry or humiliated

Uses others to reach goals

Exaggerates own importance

Entertains unrealistic fantasies about achievements, power, beauty, intelligence or romance

Has unreasonable expectations of favorable treatment

Seeks constant attention and positive reinforcement from others

Is easily jealous [4]

Has a sense of entitlement

Is interpersonally exploitative

Lacks empathy

Displays arrogant, haughty behaviours

[edit] Diagnostic criteria

At least five of the following are necessary for a diagnosis (as with many DSM diagnoses, they must form a pervasive pattern; for example, a person who shows these criteria only in one or two relationships or situations would not properly be diagnosed with NPD):

has a grandiose sense of self-importance

is preoccupied with fantasies of unlimited success, power, brilliance, beauty, or ideal love

believes that he or she is “special” and unique and can only be understood by other special people

requires excessive admiration

strong sense of entitlement

takes advantage of others to achieve his or her own ends

lacks empathy

is often envious or believes others are envious of him or her

arrogant affect.

Macca

18. this sums you up jack, get help!

Macca

19. “I would have to say in my years as a professor in psychology” Prove it macca, prove to me that you’re a professor in psychology. I usually edit out abusive banjo pickers and spammers macca but I I’ll leave your crap in to show the punters what a hypocrite you are. Take a look in the mirror macca.

Jack

20. thats exactly the answer i would have expected from a narsistic person such as yourself. blaming everyone but yourself, thinking you are amazing and everybody owes you a favour. looks like you a living a hell on earth. when will you realise that for all your drama and belief in yourself your really just a loser who wastes police time and taxpayers money. Perhaps on your death bed my words will ring true, the sooner the better i say! why don’t you be honest and really say why you have a grudge with Police.

Macca

21. Hehehe, you slay me macca. Does my site get right up your nose? lmao!

Jack

22. Oh Macca, you’re so funny. A professional quack are you? In fact a professor no less? You say you are, yet you can’t spell narcissism. Get your degree from a joke shop perhaps? Please advise where you had your professorship, I’d love to see your academic transcript.

Do you by any chance have one of those stamped pieces of paper that says you’re sane now and can be allowed out of the grounds of the institution without supervision?

Quacca

23. LOL Quacca.

Jack

24. you so passionate about it … you know its true

Macca

25. This sight just keeps getting better. I started reading it from chapter 03. I am going to look at the lot now. Well someone has looked at the internet version of the DSM4 me sees. “HAHEHE”. My observation is that Jack shows obvious signs of being above average intelligence. This is art in its purest form.

steven

26. Protestor who sang outside policewoman’s house wins appeal

Friday May 04, 2007

A man convicted for disorderly behaviour for singing outside a police constable’s house has won an appeal in the Supreme Court.

The court allowed the appeal by Allistair Patrick Brooker, of Greymouth, and set aside his conviction.

Brooker was protesting against search warrants issued by police, outside Constable Fiona Croft’s home in March 2003 when he was arrested.

He was later charged with disorderly behaviour.

His protest — which lasted 15 minutes — involved him singing a song he had composed about police and holding a placard which read “Stop the Bogus Warrants”.

He did it in the morning knowing that the constable had been on duty the night before.

Brooker was convicted in Greymouth District Court and fined $300. He appealed the conviction all the way to the Supreme Court where he represented himself.

The Supreme Court decided by majority that his behaviour had not been disruptive of public order and therefore was not disorderly in the terms defined by the Summary Offences Act.

The New Zealand Bill of Rights gives everyone the right to freedom of expression.

Jack

27. How many of you people think that no one landed on the moon? Anyone that agrees with this guy needs to be rounded up. Come on Jack your creating conspiracy myths and theories out of thin air based on “evidence” thinner than a fashion model. Your an oxygen thief pure and simple.

Hoani

28. “When you haven’t got an argument resort to infantile insults” aye Hoani?

Jack

29. Jack, you and Jerry Cornelius are tarred with the same brush covered in crap. You both love the limelight, you both jab at people with your ugly mouths spewing vile hatred and then when they react you ACT like a victim. You are both very pathetic creatures actually. But the real reason you are so pissed off with him is that he is smarter than you will ever be in 10 lifetimes. Yes he is an arsehole but he is a smart arsehole and you are a dumb one. The reason you were kicked out of Riamaki was because you were a shitstirring big mouth (there was only room for one) and you contributed absolutely nothing to the land……… Yes, he did break open the Mr Asia ring and the flow of herion into NZ dried up because of it……..tell us Jack: What have you ever done that benefitted anyone (besides you and your inflated ego)?

zac

30. You’re a zac, and calling yourself an arsehole fools nobody Jerry.

Jack

31. Hey fuckstick (zac), the names Joe Adams and Bill Cornelius came up at work today and one of the bosses, a very reliable 63 year old chap, told me that Jerry’s daughter told him that she had to get away from her fa

ther at Riamaki because he was sexually abusing her.

Jack

32. Congratulations Jack, you’ve just shown the world what an ugly little man you are. Who do you think you harm most by that sick statement? Think hard now……take your time……And by the way, you are not addressing Jerry or *****. So your paranoia and hatred have obviously clouded any clear thought you might ever have. This website is a farce, it’s not about justice, it’s about revenge. EXPOSED!!!

zac

33. “sick statement?” You and I both I know it’s true.

What an amoral tugger, he reckons that noble cause corruption and perverting the course of justice is perfectly acceptable and that a rat cunning daughter fucking probable double murdering nark bastard is a better person than me because he’s smarter and allegedly helped mr plod break up the Terry Clark crew. (He’s not named anywhere in the Stewart Report and Peter Fulcher has never heard of him.)

Jack

34. interesting, i have been viewing this site for some time now,and its quite apparent that every post that speaks ill of jack, must certainly be posted by plebs who feel for some reason an inherent reaction to have compassion 4 cops at any cost.

kk.

35. I agree kk.

Some people cannot imagine child sex abuse in church institutions yet it happens also.

I met Jack for all of 5 minutes recently. He said he had been in prison for 10 months on a charge of disorderly behaviour. He said he had been locked up because he blew the whistle on a murder cover-up by the Police. He exhorted me and a few others to see this site as we left the holding cell. He didn’t look too well but few in prison do. He was shaking with passion and umbrage – strained to the limit.

I asked the prisoner I was handcuffed to as we travelled to our court in a paddy wagon, “what do make of that guy’s story”? His reply was “Don’t take any notice. He’s crazy”. But that wasn’t my impression. My impression was of an intelligent, reasonable, well-intentioned, realistic man, but one at his wits’ end. I wonder if that would have been the case 10 years ago, or whether the events he has knowingly or inadvertently become involved in have broken him down.

Mr Van der Lubbe is clearly from southern Africa. It is good to see someone prepared to fight (lawfully) for justice as he sees it. We imagine things like Human Rights are respected throughout our country. But in my experience it is just window-dressing with regard to prisoners. I also know from experience that “rocking the boat” in NZ can rouse “the clobbering machine” which has a mind of its own and exists somewhere in the fabric of NZ society and is exhibited in various forms of violence and disingenuity.

I have no knowledge of these incidents and haven’t researched them. It is a disturbing picture nonetheless. What concerns me most of all is the status of Mr Van der Lubbe, who seems the most unlikely criminal or threat to society.

36. What’s your game X there’s “No need to make stuff up, the truth is sufficient.”

Jack

37. Hi Jack. I’m sorry I assumed that you came from Sth Africa. I have read further and now realise you are from the Nederlands. I have been there a few times and found the Dutch people to be quite upstanding.

I am not playing any game! I’m still coming down from being in prison myself for the first time. I broke bail conditions by drinking alcohol at home when I was prohibited. So there is a way to instantly cure alcoholism!

I regret sending my comments before having read more of your site. The incidents in Northland are all rather disturbing, especially the use of firearms. I respect that you are determined to bring into the open the examples of disingenuity, collusion etc. as regards the Police.

On one hand, it is good you publish as many facts as possible, to back up your claims. On the other hand, insulting comments in brackets undermine the perception that you are level-headed and presenting info dispassionately.

I think the average kiwi would be disturbed by

a) your willingness to denounce your brother
b) that your young sons have been in danger
c) that a lot of Police time has been taken up with your disputes

It is can be impossible to achieve resolution of grievances and put all behind you if you are dogmatic and intransigent. I think you should act less hastily but with more consideration and strategic/tactical thinking. It should be possible to get through things like this and enjoy life, not have them drag you down. Be flexible like the bamboo not rigid like the tree which can snap in a strong wind!

The onus on you is to find a way to work effectively. I wish you would put your family’s peace and safety first. Anger is often counter-productive.

I believe you regarding gun cover-up in Wellington and the incidents in Raetihi. However, the Northland saga seems to be a case of disputes badly handled. I encourage you to think about how a mild-mannered person might have approached the same situation.

Good luck. I think you’ve done well to make this all available publicly. I think you’ll continue to find a bias against you in future complaints and actions involving the Police, because your reputation is already established as a persistent litigator – and because of the many statements by Police officers that you are difficult to deal with.

My advice is simply to look after yourself. Put your family before your cause.

ps I know there are currently serving Police officers of the highest integrity (earnestness, impartiality, honesty etc). I also know that there are officers of lower integrity. But the NZ Police can’t all be tarred with the same brush.

Goodbye, X

38. “I met Jack for all of 5 minutes recently. He said he had been in prison for 10 months on a charge of disorderly behaviour. He said he had been locked up because he blew the whistle on a murder cover-up by the Police. He exhorted me and a few others to see this site as we left the holding cell. He didn’t look too well but few in prison do. He was shaking with passion and umbrage – strained to the limit.
I asked the prisoner I was handcuffed to as we travelled to our court in a paddy wagon, “what do make of that guy’s story”? His reply was “Don’t take any notice. He’s crazy”. But that wasn’t my impression. My impression was of an intelligent, reasonable, well-intentioned, realistic man, but one at his wits’ end. I wonder if that would have been the case 10 years ago, or whether the events he has knowingly or inadvertently become involved in have broken him down.”

I’ve read some crap (lies) in my time X but that little lot certainly takes the biscuit. Why did you deem it necessary to write all those lies?

“a) your willingness to denounce your brother
b) that your young sons have been in danger
c) that a lot of Police time has been taken up with your disputes”

a) You of course, like the Police, would continue to cover-up a serious crime.
b) We were all in danger from the madman Britton but it’s the “Do nothing” Police who you should be pointing the finger at.
c) If the cops had acted without bias from the beginning countless police hours would have been saved.

“The onus on you is to find a way to work effectively.”

An approach to the local Labour MP seems to have done the trick X, wish I’d done it a lot sooner.

“I encourage you to think about how a mild-mannered person might have approached the same situation.”

I tried being “mild mannered” X, didn’t work, the opposition sees it as a sign of weakness and goes even harder.

“I think you’ll continue to find a bias against you in future complaints”

Hehe, you’re no wrong there X, they’ve been up to their old tricks again but I’ve got them by the short and curlies this time.

“ your reputation is already established as a persistent litigator – and because of the many statements by Police officers that you are difficult to deal with.”

I’ve taken out two private prosecutions in the past X that’s hardly “persistant” and it’s a police lie that I’m difficult to deal with. That assertion is nothing other than their untrue excuse for them being unable to bully me into submission.

Jack

39. Jack, you and Jerry Cornelius are tarred with the same brush covered in crap. You both love the limelight, you both jab at people with your ugly mouths spewing vile hatred and then when they react you ACT like a victim. You are both very pathetic creatures actually. But the real reason you are so pissed off with him is that he is smarter than you will ever be in 10 lifetimes. Yes he is an arsehole but he is a smart arsehole and you are a dumb one. The reason you were kicked out of Riamaki was because you were a shitstirring big mouth (there was only room for one) and you contributed absolutely nothing to the land……… Yes, he did break open the Mr Asia ring and the flow of herion into NZ dried up because of it……..tell us Jack: What have you ever done that benefitted anyone (besides you and your inflated ego)?

Still dreaming jerry ??

Kay

40. fk jack & the cops lol

41. Jim Creedmore – McCallums road resident, thanked the Board and Fulton Hogan for gravel that has been put on McCallums Road, also for spraying that has been done. However, following a letter to Council last July he has now been told that there will be no further maintenance of the road that leads to the Rainbow Valley community. He said it is Council’s road that they are asking to have maintained.

Helen Bracefield agreed with Mr Creedmore; she said there are four places where the road is dangerous. She asked that the Board visits the Rainbow Valley Road on its tour of Golden

I wonder if the good folks down on the Rainbow Valley Commune know that the devil walks amongst them?

Jack

42. i don’t know if this is relevant, but the nz police raided, pulled me from my tent with friends, witha warrant for the wrong person…assault, wrong i.d and photograph
sheer arrogance, no apology
through te ipcc etc 4yrs later, STILL no apology!
I am taking them to court to sue them for the effect that it had on me, wrong photo, wrong person, invasion of human rights
i say.. go down the law society, get a good solicitor, and give them back what they gave you, ..
THIs is where you sue
an apology might have settled it, it didnt. distgusting

tim

43. Hi tim, the cops believe an apology is an admission of guilt so they don’t do it. They rely on the fact that most people don’t sue them and if they do take them to Court it’s only tax payer money anyway, no skin off their noses. Any bad publicity is soon forgotten and the cop/s involved in the case get promoted or a medal. (see payouts)

Jack

44. Jack.
I really hope you’re keeping a close watch on your website, I was unfortunate enough to google my fathers name and come accross the load of shit that youve put out there. Honestly Jack, from what you’ve said about my father you should be arrested for, I think that you of all people should know what its like to have people turn your name to mud. Only, you are a petty criminal, and my father should go down in history for what he gave this country, he brought down a drug syndicate – have you ever done anything that great?
If you’re any sort of a real man, you’ll remove my fathers name from the slander that is this website. For once in your life, be a real man?
My Dad gave his kids a wonderful life thst i am grateful for. I wonder if your kids can say the same?

Get Ova it

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What I’ve written about Jerry is true fh, what he told the cops about me was not and therein lies the difference between him and me. He’s a liar and I’m not! If Jerry wants to sue me for slander I’d be happy to meet him in Court. He won’t though, he knows what I’ve written about him is true. As for him bringing down the Terry Clark crew, don’t make me laugh, it was the English cops that sorted them out, kidfucker Jerry had nothing to do with it. And what do you know about my “petty criminal” history fh? Tell me all about it.

Jack

45. Slander is oral lies, Liable is for written lies. Think the latter is what he would be in for?

Ryan

46. Jerry already knows that Ryan. He also knows that the truth is my defence and that his first born daughter won’t commit perjury.

Jack

47. How Pathetic, Some Cops Kid googles her fathers name because the mr asia show is on, so she can feel a sense of celebrity status, “for What he gave this country”,She knows damn well what the system gives this country and us who are unfortunate enough in life to be set up buy Nz POLICE, Us whose familys the NZ POLICE always Destroy, because Jack just like she said “youre a petty Criminal” But what does she know shes only going by what her filth of a father told her, and the police and system as you know will always try to make the label stick to us evn though every time we keep pulling the label off. grow up lady! Ooh big deal your big corrupt daddy cop brought down a drug syndicate,(tui advert) Yeah right,That Mr Asia Story story is as twisted and fictional as the world that “Get Ova It”
Lives in..dont make me laugh “for what he gave this country” my sides are splitting from that one. I suppose you expected to get a mention on the mr asia show eh “get Ova It”.

KK.

48. Mr Van Der Lubbe
“I can’t believe after all your efforts to straighten up these bent cops that you didn’t think to get a blood test to prove without a doubt that the drug allegations made against you were indeed false! You have thought of everything else but not of this simple process. It’s the first thing i thought of and then as i continued to read you explained that you didn’t think of it. Sharpen up. You can still get a blood test do it now”.

bon bon

49. I was new to the dirty cop game back then bon bon, getting my blood tested today would only prove that I’m not a druggie now. Thanks for your imput.

Jack

50. Billionaire ‘a drug agency informant’

May 12, 2009

Sir Allen Stanford, the Texan billionaire who ploughed millions of dollars into English cricket, may have been working as an informant for United States anti-drug agents in return for official protection which gave him free rein to run his banking empire, it emerged yesterday.

An investigation into the financier has found that just US$500 million ($819 million) of the claimed US$7.2 billion of deposits held by his Stanford International Bank, based in Antigua, has been traced by a British-based receiver who was called in by authorities when fraud allegations were laid against Stanford in February.

The resulting US$6.7 billion hole in the bank’s balance sheet, which leaves 28,000 depositors with near-worthless investment certificates, raises serious concerns about the extent to which officials in America and Britain were aware of Stanford’s personal finance issues and the activities of his banks long before the current economic crisis.

A BBC Panorama programme alleges that the 1.93m tall businessman may have been allowed to run his banking business unfettered for up to a decade because he was passing information on to America’s Drug Enforcement Administration (DEA) about the money-laundering activities of drug baron clients from Colombia, Mexico and Venezuela.

His status as a confidential informant may explain why a US Securities and Exchange Commission investigation into his dealings in 2006 was quietly dropped following a request by another American government agency.

A source close to the DEA told Panorama: “We were convinced that Stanford’s bank attracted millions of narco-dollars but it was very difficult to get the evidence to nail him. The word is that Stanford has been a confidential informer for the DEA since at least 1999.”

Confidential documents show the British Foreign Office and the US authorities also knew as early as 1990 that Stanford, who was once listed as the 205th most wealthy man in the US with a personal fortune of US$2.2 billion, had been made personally bankrupt in 1984 after his first business, a chain of health clubs, went bust.

British authorities ceased their investigation into Stanford after he moved his operations from the volcanic island of Montserrat, a British overseas territory, to Antigua, which has been independent from Britain since 1981.

Stanford, 59, shot to prominence last year when he signed a multimillion-dollar deal to sponsor a Twenty/20 cricket tournament, culminating in a US$20 million match between England and an all-stars West Indian team. The billionaire was famously allowed to land his helicopter on the hallowed turf of Lords.

Jack

Tagged with: Bent Cops, Colin Irvine, James Creedmore, Jerry Cornelius, Kim Kuiper, Mike Cannon, New Zealand Police, NZ Police, Ombudsman, PCA, Police Commissioner, Police Complaints Authority, Police Corruption, Riamaki, The Independent Police Conduct Authority

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02 The SIS and the NZ Police cover-up a case of manslaughter

Posted in Bent Cops by Jack on 10/07/2008

Perverting the course of justice #2

Just prior to the 1987 general election I happened to speak to Detective Colin Irvine at a Labour Party election meeting. I asked him if he was tooled up and he said, “discretely” and he then asked me a question about my brother Eric. I don’t remember the question but I do remember replying, “Why what’s he done?” Irvine shook his head and refused to say what Eric had done. My asking about his tool/firearm must have twigged his memory.

Later Eric told me that a bloke had hassled him at a night club in Wellington/Porirua or thereabouts and Eric had pulled out his privately bought pistol (he thought he was James Bond) and had frightened the hassler off with it big time. He said, bloody good job that the bloke, in a panicked rush to get away, jumped over a wall, fell several meters and sustained fatal injuries on concrete below. He also said that Irvine was involved in the investigation (cover-up) and that Irvine was a real bastard. I remember seeing an item about the incident on TV (before Eric told me about it) and that the cops were appealing for witnesses.

Eric lost his firearms licence, got the sack from his flash (spy) job at the Security Intelligence Service and got away with manslaughter because the SIS and the cops, including Irvine, engaged in a conspiracy to cover up Eric’s crimes so as to save both organizations the embarrassment of having to admit that SIS had employed a pistol-packin plonker. Makes the pie and the Playboy in the briefcase scandal seem a bit lame. It’s easy to see why Irvine was so relaxed about vilifying my (nobody) name to the Ombudsman and posterity. Eric’s crimes, manslaughter, presenting a firearm, unlawful possession of a loaded and restricted firearm. Bound to be a few more charges that would have been thrown at a non protected joe blogs.

—————————————————————-

I made an emailed complaint about the above to the PCA, below is the reply.

PCA 1

PCA 2

PCA 3

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Police assault, then death – new claim

March 29, 2008

A high-level police inquiry has started into claims a man was beaten in police custody shortly before being fatally injured when a street-sweeping truck hit him.

The man was being chased by an off-duty police officer when the vehicle struck him. Police have confirmed the case is being reviewed but won’t comment on the Weekend Herald’s understanding that new information includes the claim the man was assaulted in custody.

If this were established, it could result in a charge of manslaughter.

Fork-hoist driver George Tipene Harris was 24 when he died from injuries caused when the truck hit him early on October 3, 2004.

An inquest in 2005 heard conflicting evidence about what happened just before the accident, but nothing in evidence then available suggested Mr Harris had been assaulted.

The Independent Police Conduct Authority (formerly the Police Complaints Authority) made an inquiry in 2004.

Its report has not been made public.

Detective Superintendent Malcolm Burgess yesterday confirmed he was looking into the matter.

“I am reviewing new information and will make a decision about the direction of new inquiries.”

Mr Burgess said the matter was at an early and sensitive stage and he would make no further comment.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Police pair sentenced to jail over cover-up

August 30, 2008

murphy and harris

Benson Murphy (left) and Reuben Harris, pictured yesterday, were allowed to go home because their jail sentence is under appeal.

Two policemen have been sentenced to 15 months in prison for covering up for a constable who beat a relative of theirs in the back of their patrol car.

The victim fled from the alleged assault into the path of an oncoming street-sweeping truck and was killed.

Constables Reuben James Harris and Benson Lyle Murphy had initially protected colleague Constable Clinton Hill, who allegedly assaulted George Tipene Harris while off-duty in the back of their police car. Hill now faces a manslaughter charge.

Reuben Harris and Murphy pleaded guilty this month to conspiring to defeat the course of justice. Another police officer, who allegedly spoke to Hill at the scene, is also charged with conspiring to pervert the course of justice.

Lawyers lodged an appeal immediately after the sentencing yesterday and the two men were granted bail until their next court appearance.

The court heard that following a night drinking on October 3, 2004, Hill arrested George Harris in Manukau after he attempted to grab a phone from his pocket to call a taxi.

Murphy and Reuben Harris stopped in their patrol car and agreed to take Hill and Mr Harris to the station.

Reuben Harris said Murphy got out of the car and Hill asked him to drive down an alleyway and then began assaulting the victim.

George Harris escaped and Hill gave chase. Murphy and Reuben Harris later found Hill kneeling over Mr Harris’s body on Great South Rd. The victim was believed to be a second cousin of Reuben Harris and a distant relative of Murphy.

Murphy said a sergeant who arrived at the scene told him and Harris what to say in their statements to investigators, which involved leaving out the alleged assault.

In March this year, a former officer told police that Murphy had told him before the 2005 inquest that his account to investigators was false.

Police reinterviewed Murphy, who had become a recruit with the Queensland police, and Reuben Harris, who had resigned from the force in December 2006, and the pair admitted making false statements.

About 15 family members were in court to support Murphy and Reuben Harris, who has six children. About three members of George Harris’s immediate family were also in court supporting the accused.

The men have agreed to testify against their former colleagues.

They have met the victim’s family, who have accepted their apology.

Murphy’s lawyer, Todd Simmonds, said the pair were the whistleblowers, not the main offenders.

In his sentencing, Judge Charles Blackie said he accepted that the officers were the “junior partners in this conspiracy” but were not whistleblowers as Murphy had spoken to a former police officer.

“There are two victims here. The victim’s family, and the New Zealand community as a whole who have put such trust in our police officers to uphold the law and do the duty that they swore they would do upon graduating out of police college.”

____________________________________________________________

38 Responses to “02 The SIS and the NZ Police cover-up a case of manslaughter”

1. well thats pretty shame full eric be a man and let your fists do the talkin ….. this little gem of a story came from a mate visiting a cuz in Hastings a few months back after his mother died at home (natural causes) the fuzz arived as usual to make sure no foulplay was involved, the Ambulance arived and did the undertaker to take the poor old dear away, meanwhile Mr Plod and his friends made them selves at home and checked out every room cupboard nook in the house ! and while this was going on some one broke into marked police car parked on the street out side the house and took a case of glocks left on the back seat of the squad car , u quessed it nothing in the papers ont worth mentioning i suppose.

joeblog

2. Great story joe.

Jack

3. Joe… You have issues!!

Get some help.

Daniel

4. Joe, what a load of crap, “a case of glocks”, whatever mate, plods don’t carry “cases of glocks” in their cars. Nice story though.

Bruiser

5. Daniel…You have issues…Get some help

puihi

6. What about the dutch greenpeace member who supposedly committed suicide in a whangarei house fire that also burnt doen the garage containing the files he was submitting to the Courts in a suit shortly re the dioxin at paritutu. Good investigation skills.

anon

7. SIS dont carry firearms and arent issued with them. I imagine you have a fairly ordinary boring life to even think this could happen.

A cop

8. I know that SIS dont carry firearms A cop, he was off duty and it was his own pistol, bought privately with his own money.

Jack

9. So your saying an SIS agent purchased a pistol off duty and used it to threaten a man who then fell over a wall and died.

Do believe in aliens? Did the abduct your brain?

A cop

10. Read the story again drongo!

Jack

11. Wow, a cop is actually reading your story Jack. I think its a real cop too. I can tell by the poor spelling and bad syntax.

Too educated to be a cop

12. LOL et

Jack

13. Interesting story which up until a couple of years ago I would have had difficulty in believing.However the Police consider they are above the law and get involved in civil matters as if they are immune to the ramifications of the situation they cause or imflame even when the civil matter proves to be in favour of the party that the police have infringed upon.The law of Tort makes the police personally liable for any damages they cause,with of course the Commissioner of P.second defendant.My advice is to take a private criminal prosecution against any police officer or for that matter SIS whom infringe upon you.The Police Complaints Authority is a toothless wonder.It costs $30.00 to prosecute and any one can prosecute.Don’t whinge take action

James Gollan

14. The older I get the less faith I have in the Police. I have had many dealings with them and from both sides of the fence and all I can say is they are a very deveit, dishonest self righteous lot. My son wanted to joined the force when he gets older but I will be discouraging this very much. Unforunately lying is a big part of this particular occupation. Reality is, its actually very sad just how corrupt our system, the law makers and inforcers in this beautiful country is.

Evi

15. Surprizing as it may seem there are actually good cops in this country. I have every reason to hate cops because they have ruined my life and destroyed my family with their stupidity but I always ballance this by the fact that during my trials and tribulations I did meet good cops and lots of them. Judging by my own experience and the experience of those around me, the bad cops are in the minority and are being rapidly cleaned up. Hopefully before too long, every last croocked cop will be exposed and thrown out. Unfortunately that is not the end of the problem, most of those crooks end up being employed by security companies and then contracted for their skills by…you guessed it the police and the justice department where they continue to be crooks.

SPY
__________________________________________________________________________________________

16. The police have now brought a third case against me and guess what,again dismissed.We do indeed have a very few good police but they are soon tainted or sent to coventry by the system.It is time that we as a nation stand up and say no.We have a judiciary that is fundamentally flawed by the slowness of getting any redress through the court.we have a totally ineffective police complaints authority and a police force who considers itself to be above the law.1000 new police hardly makes up for those on suspension(full pay mind you)and facing criminal charges.We demand a total revamp of police complaints and an overhaul of the justice system.

James Gollan

17. I agree with you James.
These pricks (NZ Police) charged me for assault on two females, arrested me (because i was the male and it was two females words against mine), refused to do a full investigation at the scene, locked me up, forced me into bail conditions (blackmail as far as I was concerned), refused me the right to return home (forced to remove all my belongings and children and relocate out of town at my own exspense), taken to court, refused the right to make my complaints at the police station at Auckland Central numerous times, lied to by the constable on the front counter and a senior officer as to the procedure for making a complaint against the police; and the list goes on. Bribed in court during proceedings by Police prosecutions on two separate occasions via what they call “plea bargains”, basically breaching my human right to a fair trial.
Once it was proven that I was not guilty by any degree, not even a single apology or any offer to make amends. All I have received is constant delays from their system, feeble excuses and a serious lack of professionalism.
So many of my humans rights have been broken that I have lost count.
Then when it gets to court one of the females “owns up” whilst on the stand declaring my innocence and confessing what I had said right from the beginning that it was me that was attacked and all I did was use minimum force to defend myself.
This is not the first time I have been taken advantage of from the police in New Zealand, but I will not be letting them get away with it this time.
I am currently in the process with the Human Rights Commission where a claim for damages is in progress where I intend the High Court to hear the evidence against the Police. I figure a good value of lets say $100,000.00 per breach for each of my human rights would be a fair starter.

PS I hope know one ever has to go through what they have put me through.

God Defend New Zealand from the Police

Glen Vickery

18. Happens all the time Glen.

Jack

19. i no from experience that if you lay a complaint with the police them selves they take a statment of you twist it the fuck up then and only then they send it of to the “police complaints authority”. i made a complaint with them about assualt on me by 3 ociffers. this was in janurary 2007. still havnt haerd anything from “PCA” which has me wondering if they have even passed it on. the palmerston north police are a currupt bunch of fuckwits who think its reasonable to leave a man paralysed with a broken neck in a cell whilst they stand outside his cell laughing at him….

hoodackey.co.nz

20. I have certainly had my share of corrupt police trying it on with me. Then they have the cheek to write on my police file that I am difficult to deal with, the only reason I am difficult to deal with is because I know the law better than they do. I have had my rights abused on a number of occasions and will not stand for it from police that are public servants and are supposed to treat the public with respect. I have had maybe 2 police in my whole life that I have been impressed with and I have thought if only all police were like that, the rest of the police I have dealt with have been ass holes on power trips. The police are a law unto themselves and are thick as the thieves and will protect each other until they are caught red-handed and then say “well we didnt know that was going on”
There a 4 police officers in the dock today in the Tauranga court all up for assault on a 20 year old with 2 batons and loads of pepper spray, I must add with *17 years* of experience between the 4 of them. And I must add all 4 of them have QC lawyers…( I bet they cost a bundle) and I bet the taxpayer will be footing the bill!!
http://www.infonews.co.nz/news.cfm?l=50&t=103&id=22364
So looking at this incident what it would say to the public is that if you refuse to do what your told we “the police” will beat you into submission until you do what we tell you and if you dare try and come up against us the taxpayer (the whole of NZ)will support (and pay) for us in court.
I certainly hope that these 4 policeman are publicly made an example of and are sent to prison. But no doubt watch this space they will get off by telling the jury that he was mentally unstable and the beating was reasonable force.
What I would like to see happen is those 4 cops put in a cell with a real nasty mongrel mob member thats twice their size, handcuffed and beaten the shit out of to see what its like.
Burn bad cops burn.
And last but not least
“If ignorance is bliss then take back the smile off my face”

Goldy

21. No others sought in death of man with wrists bound
16 Sep 2008

The death of a transient man whose body was found under an Auckland wharf last month has been referred to the coroner, with police saying no one else was involved in his death.

Selwyn Wallace, 52, was found floating under Wynyard Wharf in downtown Auckland on August 17.

His wrists and ankles were bound.

However, police said today they were not looking for anyone in relation to his death.

“It is a matter for the coroner now,” said police spokeswoman, Noreen Hegarty.

She said police believed no one else “as far as we know” was involved in his death.

Police earlier said he was alive when he entered the water and post-mortem results showed no injuries.

Mr Wallace had been discharged from an acute psychiatric unit shortly before he died.

Jack

22. #1 Christ Almighty – I remember the one in Auckland – late 80s, early 90s…where guy stole cop car outside police station and parked it in police car park – when cops went to investigate – offender ripped off dope evidence in lockers using car as getaway vehicle – cops didnt lock the back door of police station – hahahaha – I know its sad but very funny.

Nita

23. 21 – Auckland cops have always been of no particlar help. Remember the young Poly girl who despite having massive bruising around her genital region, was found naked and dead. Cops said she drowned under no suspicious circumstances. She was a state of ward (under CYFs care)… farkin ridiculous bastards.

Nita

24. Rawiri Falwasser

The CCTV footage, which captures eight hours of real time but has been condensed into just under three hours, starts at 12.41 on October 23 2006, and shows police trying to coax Mr Falwasser into the cell.

For the next hour, Mr Falwasser is pacing around the cell and uniformed police and other people are seen trying to talk to him through a Perspex wall on the cell.

About 2.30pm three police officers come into the room outside his cell and one of them pepper sprays him through the open sliding door of the cell. He holds up his arms in defence but continues being pepper sprayed.

There are now four police officers in the room. Another of officers lunges at Mr Falwasser with what appears to be a baton. By this time there are seven police in the room.

They then close the door to the cell.

Then three of them leave. Mr Falwasser is holding his hands over his eyes and this continues for several minutes with police coming back and forth into the room outside his cell.

At 2.37pm, an officer comes into the room outside his cell holding a baton, and between 2.38 and 2.53 police continue pepper spraying Mr Falwasser sporadically through vents in his cell wall.

Earlier, IT specialist Russell Orr, who installed the surveillance equipment, today told the court there was no attempt to make the cameras secret.

The four defendants have been on bail since their first appearance in December 2006 and been suspended from their jobs since the criminal charges were laid.

It was announced that the media have won the right to air the video footage
despite several attempts by police to have the footage confiscated and destroyed. “It is in the interest of full justice that the footage be made freely and uninterruptedly available to the media”…”the police have used unreasonable force… force that ensured the death of Mr Falwasser… I can only (strongly) suggest that the family of Rawiri Falwasser seek private prosecution….” Judges issuance.

I ascertain that justice was most certainly not served that day.

Nita

25. What do you expect in this country that almost had a serial rapist as commissioner of police and a so called justice system that let two convicted rapists hide behind a police commissioners uniform.The police in this country get away with murder,rape, beatings, beating their wife’s and children,repeat drunken driving,lies,cover-ups,and perjury.One law for policeman,all blacks and millionaires.No justice for Louise Nicholas,no justice for anyone.

Jonnie Martin

26. we are listed as one of top 5 countries in the world for having a transparent Justice System – if they only knew – Nigeria is not that far behind us, in fact – some ways they are alot better than us – however we are calmer on the outside.

Incognito4now

27. I have just had 3 cops come into my home, bash my head up agains the wall, break my nose, split my lip and then try and charge me with ‘breaking the peace’ and I am a 46year old women. Ex cop myself!!!! Someone call them cos of an argument that took place between my husband and myself, but which had ended at least 1/2 an hour before they arrived. The husband took a walk to cool off. The only people there was my daughter (20years old) and myself. The more my daughter tried to tell them they had it wrong the more they beat me. This happend 2 days ago. 3 cops from Howick police station, whom walked in, did not even introduce themselves, let alone knock on the door and make their presence known. I am speachless. Badly hurt and an emotinal wreck.

inhiding

28. Did you get their numbers inhiding?

Jack

29. no. It all happend so fast I didnt. I went to howick police station and made a complaint.

inhiding

30. the acting station commander let me read what he had typed out and I noticed his notes at the bottom and saw he has written 2 names down and one was Benson

inhiding

31. Don’t bother with the IPCA, go see a lawyer and sue the bastards.

Jack

32. so, i have been reading……
this is major disturbing to read, and also makes me very fearful of a backlash from them………
I have never been afraid of cops. Not in any country I have lived in, and I have lived in quite a few……..I can kick @ss with the best of them but this lot………they are cowards, they cuffed me first. I didnt provoke them, or even talk to them. I think in total I said about 3 sentences to them. I just went about getting my stuff to leave and when I tried to give my daughter her toothbrush, they started pushing and shoving me around and then next min without warning I was grabbed by the neck from behind, head smashed, daughter screaming………

To beat a defensless women…….if they can do that…….no morals, ethics etc, then they will stop at nothing………. my family and I are scared.

inhiding

33. It’s too late to worry about a backlash, going in to the cop shop to lay a complaint made you the enemy for life so you may as well go all out. There are plenty of good lawyers in Auckland that will sort those fuckers out for you pronto.

Jack

34. any advice and guidence is greatly appreciated.
Can u recommend any lawyers?
I have been reading up on the Human Rights website.

inhiding

35. Start with Peter Williams and Barry Hart and work your way down from them. Let me know how you get on ok. Cheers Jack.

Jack

36. SIS reveals secret files

28 January 2009

release of Security Intelligence Service (SIS) files on individuals has revealed for the first time how far the shadowy service reached into the lives of activist and non-activist New Zealanders.

In response to the SIS relaxing its approach to redundant files, the word has got out.

A flood of files is reaching the people spied on, with most of the clandestine reporting referring to legitimate protest and political activity.

In November, Murray Horton, a former railway worker, applied for the file on the Campaign Against Foreign Control of Aotearoa (Cafca), an organisation he helped found.

He received 400 documents, including a cover letter from SIS head Dr Wayne Tucker. It said the spying had stopped.

The file presented a “fascinating and disturbing pattern of systematic covert state surveillance of many, many organisations and many hundreds, if not thousands, of people over decades”, Horton said.

He had seen other files. One showed the SIS had started monitoring an activist when she was 10.

An SIS spokesman said the service had adopted an archives policy in 2003 to aid “the proactive declassification of historical records”.

“A key element of the archives policy is that the SIS will deal impartially with information, regardless of whether it reflects unfavourably on the service or shows the service in a good light,” he said.

“Subsequent publicity has led to an increase in requests for access to personal information … The service has made every endeavour to be forthcoming.”

The greater openness had been well-received, with 26 people being sent their personal files last year.

“Recipients of declassified SIS reports have generally viewed them in their historical context and realised that the service’s methods and information-collection priorities have altered over the years as the nature and perceptions of threats to security have changed.”

The identity of agents and sources of information was deleted from the files, the spokesman said.

So much for democracy, Horton said.

“Our own little country has been proven to behave towards its dissidents in much the same way as the Communist police states that it used to rail against,” he said.

The worst of it was that the Cafca file and others released indiscreet and personally damaging material about named third parties who were not the subject of the surveillance but simply caught up in its net, he said.

“A lot of it is salacious gossip, with analyses of named people’s marriage problems, drinking habits, etc, etc,” Horton said.

“Some of it is laughable, like a report dedicated to the likely impact of feminism and different gender views on abortion on the marriages of named couples.”

One report contained this reference to Horton: “He likes the sound of his own voice and keeps interrupting the other speakers.”

Bill Rosenberg, 57, who is a member of Cafca, told the Press he had received his personal file, some of the file kept on his late father, Canterbury University economist Wolfgang Rosenberg, a refugee from Nazi Germany, and also the file on his mother.

The deputy director of the centre for teaching and learning at Canterbury University said he had never been a member of a political party but had been in several anti-war protest groups since his youth.

His father’s file showed he had been followed when he went around the country giving talks to groups. His mother was also monitored because of her membership of the New Zealand Communist Party in her youth and her involvement in organisations such as the Housewives Union.

His father’s application for a professorship at Victoria University was noted, and he wondered if the SIS had intervened to ensure it failed.

The files reflected the paranoia of the McCarthy era but also the particular views of SIS staff, Rosenberg said. “The release of the files marks a significant change in that degree of paranoia and that view of the world.”

His file contained mainly comments about him by Socialist Unity Party and Communist Party members at private meetings. Most disturbing was the car registration numbers taken when people visited his house after he had returned from overseas.

The picture emerging from the files was a “huge mixture of time-serving stuff” and reports about innocuous events, Rosenberg said.

The lack of sophistication was startling and little analysis was done on why activities were suspicious.

The vast majority of reporting was about “perfectly legitimate political activity by people who had a different view to the status quo”, Rosenberg said.

37. Green MP: SIS has been spying on me

Feb 08, 2009

Green MP Keith Locke says the SIS has intruded upon his life, and the democratic process. Photo / Dean Purcell
The Security Intelligence Service has been spying on an MP’s private life and his communications with constituents, he says.

Green MP Keith Locke, a former peace activist, applied under the Privacy Act to have his top-secret security file released – revealing what he describes as distasteful intrusion into his personal life and unacceptable intrusion into the democratic process.

The declassified file showed that he had previously been covertly photographed, that the SIS had kept track of his private work with constituents and that he had been monitored in other ways as late as 2006.

He is demanding assurances that the monitoring will not continue, and calling for tighter Government control and public accountability for the so-called spooks. “Clearly the SIS has been operating without adequate government oversight,” he said.

Both Prime Minister John Key and his predecessor, Helen Clark, said they were never told that the SIS was spying on MPs.

John Key said he had not authorised any surveillance warrant or investigation into a sitting MP. “There would need to be demonstrable evidence any individual presented a security risk before I would issue a warrant,” he added.

Warrants to mount covert surveillance operations, like phone bugging, are overseen by Sir John Jeffries, the Commissioner of Security Warrants.

Last night, the SIS issued a statement saying it was “not actively” investigating any sitting MP. It acknowledged that some recorded information might have been very personal and sensitive – including convictions, adoptions, personal finances, physical and mental health – and said that would not be disclosed.

“The practices of the NZSIS that are reflected in some of the personal files are of a different era,” the statement said. “They were meticulous in detail and often contained material that would not be collected today.”

Locke is the son of prominent environmentalists and Communist Party members Jack and Elsie Locke – they were reportedly described by former Prime Minister Robert Muldoon as the most notorious Communist family in the country.

Some of the 400-plus documents in Locke’s security file date back to when he was 11 years old.

Keith Locke joined the Socialist Action League in 1970. He was too radical for Labour, which tried to expel him in 1974. He joined the Greens and in 1999 he entered Parliament. He campaigned strongly against New Zealand’s imprisonment of Algerian dissident Ahmed Zaoui, which was supported by the SIS.

Green Party co-leader Jeanette Fitzsimons said such surveillance of Locke would be a “huge discredit” to the SIS.

“MPs are elected by the people. To have the secret service spying on them is hugely anti-democratic,” she said.

Fitzsimons and Maori Party MP Hone Harawira will both be requesting their SIS files.

Harawira said he had been subjected to SIS surveillance as a member of the protest movement, before entering Parliament, and had once spotted his file while in police custody – alleging that he had been involved in an arms deal on a boat in Whangaparaoa Harbour.

Green MP Sue Bradford said she had been spied on by the police’s criminal intelligence branch and had her phone tapped while she was involved with the Unemployed Workers Rights Centre. She did not know whether the SIS had also spied on her.

“I remember coming back from the shops with my husband and children, unpacking the shopping and looking up and seeing two guys with a camera filming us. It was quite extraordinary; it led us to believe we were being spied on in our private lives.”

Veteran anti-apartheid and human rights campaigner John Minto claimed the SIS “wouldn’t hesitate” to spy on a serving MP. ” It’s very worrying. These people (SIS) are simply above the law and the democratic process. They see politicians as being meddlers.”

Former Labour leader Helen Clark, Prime Minister for almost all of Locke’s Parliamentary career, said she had no knowledge of the SIS spying on Locke or any other MP.

* Oops! Not so secret activities

In 1981, the SIS was criticised for drawing up a list of 20 “subversives” involved in protests against the Springbok Tour.

The same year an SIS operative mistakenly left a briefcase containing sandwiches, a Listener magazine and a diary on a journalist’s fence in Wellington.

In 1996, two agents broke into the home of anti-free trade activist Aziz Choudry. He was awarded an out-of-court settlement and a Crown apology.

In 2002, the SIS certified Algerian asylum-seeker Ahmed Zaoui a security risk. After a legal challenge to the certificate’s reliability, he was allowed to stay in New Zealand.

Hone Harawira, now a Maori Party MP, was once arrested and secured by plastic wrist ties to a scaffold with fellow protesters . But the protesters moved the scaffold to read their files while police were away. His contained allegations he had done an arms deal on a boat in Whangaparaoa Harbour.

Jack

38. regarding the death of George Tipene Harris, there was no truck involved in his death. The cops involved murdered him. There is no accident report with the truck company regarding this accident. They can only acknowledge that the driver used to work for them. George’s leg was amputated, to this day no one in the police or involved that night has answered this question to his family, what part of the truck cut his leg off. Oh and get this, the truck involved and the driver were mysteriously sent away by mistake from the officers at the scene, even before the ambulance arrived 4 minutes after the 111 call. Can someone explain to me is it possible that a vehicle that cut off a mans leg, the vehicle and driver is sent away immedeiately from the scene, even before the ambulance arrives in 4 minutes to take away the dying man lying on the road with his leg cut off. The public are not aware of George’s injuries. Only months later did it come out that he suffered a beating at the hands of police officers. All the officers involved that night should be facing charges of murder, not the pathetic charges they are facing at the moment, they are a joke. This is a police and government cover up. Theres no way it could be exposed that 4 police officers were involved in the death George Harris, there would be anarchy. Superintendant Malcolm Burgess heading a so called new inquiry is also heavily involved in the cover up of Georges death and has even threatened a member of the victims family for trying to expose the truth. One day the truth will be exposed. George is not the only murder victim at the hands of these evil men and he surely will not be the last until they are exposed for their wickedness.

police murder then cover up of george harris

Tagged with: Bent Cops, bruiser, Colin Irvine, donk, New Zealand Police, NZ Police, PCA, Police Commissioner, Police Complaints Authority, Police Corruption, scud, Security Intelligence Service, SIS, The Independent Police Conduct Authority

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03 Home Invasion (guns)

Posted in Bent Cops by Jack on 17/05/2008

“They are hell on earth once they want to get a man.” – J Mulgan.

In 1988 we moved to Whangarei and built a house on a few acres at Three Mile Bush. We only had one hiccup, neighbour wise, when one morning we started building at 7.45 am and our nearest neighbour Chris Black appeared at our boundary fence and demanded we stop our work or he would “Ram my hammer up my arse.”

I told him where to go and filed the matter away. Sandra (the wife) tried to reason with him but he stormed off spluttering about us having a nerve building our house in view of his and invading his privacy. He must have been smouldering about it since we started building.

I didn’t report the matter of Black’s threatening behaviour to the cops, the less I saw of them the better.

A few months later Black discovered, to his horror, that he didn’t have the legal right to use his septic tank that was on our side of the boundary fence on an easement. A lawyer cock-up apparently. I wonder why he went to see a lawyer? Anyway, instead of keeping it under his hat, (we had no idea) the dozy sod tries to put matters right by sending some bloke with a legal form round for me to sign. Black also apologised to Sandra for his earlier moronic behaviour. (he needed us now) I declined to sign the form. The ‘form’ bloke agreed with me saying that he wouldn’t have signed it either. We allowed Black to continue to use his illegal septic tank.

All went well over the next 18 months. We finished our house, the Blacks ignored us (apology forgotten) and we reciprocated by not even bothering to ignore them.

“Foul whispering abroad.” Shakespeare.

Then the Cullums’ moved in along another of our boundaries.

I had agreed to build a new boundary fence between the Cullums’ and us but because I took a bit long in doing it, I had a crook back at the time, Gary Cullum decided he would hurry me up by denouncing me to the Social Welfare. I had also earlier agreed with Cullum that he could top up his rainwater tank from our pump supply that was on our easement on his land. He was allowed to take water between the hours of midnight and 6am. He in turn agreed to pay for half the power and maintenance of the water pump.

Cullum got nowhere with his D.S.W. denunciation so he then started to abuse his water rights by taking water outside the times he agreed to.

Because our house was higher up than Cullums’ our water supply would stop when they took water from our pipeline. We had no header tank and there was not enough pressure for two houses at once. I asked Cullum why he was taking water during the day and he replied, “Because your fence is no good.” I had finished the fence at last. I told him to stick to the times agreed to. He promised that he would. The fence was “no good” in Cullum’s eyes because I had used half round posts and not full round posts. “It’s not legal” he whined. Of course he was wrong.

Then one afternoon while Sandra was having her after work shower our water stopped again. Cullum had turned it on to his place to water their garden. I shouted at him to “Turn the fucken water off.” I had lost all patience with him. You tend to do that when you are maliciously denounced to government departments and agreements are repeatedly broken. Next day Sandra and I were both served, by a bailiff, with trespass notices from Cullum and his de-facto Jill Hayward. Some know-nothing down at the Whangarei courthouse had told them that they could stop us having access to our water supply on our easement on Cullum’s land.

Trespass notice 03

And then they got real dirty.

02 report form

Note: ‘I have advised Cullum/Gary of the result to date.’ And also notice how the dirty liars had already told the cops that I had been trespassing on their place.

03 Job Sheet

Constable Rudsdale told me during his legalised home invasion that Telecom workers, who he said were working outside Black’s house, had complained to the Police. He lied to protect his informant just as Irvine had done but then failed to black out Cullum’s name on the Report Form. You will notice that the informant ‘Cullum/Gary’ was told of the result to date. I knew who had done the dirty deed but I didn’t kick up a stink, no mileage in that. That evening I was twiddling the dial on my multi band radio (sw1) when I heard a voice I recognised. I cranked up my tape recorder. I thought that a good idea considering what had happened earlier in the day.

The following is a transcript of the conversation between two of our neighbours, both allegedly intelligent females, who would be regarded as reliable witnesses in the eyes of the Police and most Judges. I was pretty bloody shocked to hear that I was reputed to be, among many outrageous things, an abuser of my two boys. I was able to hear this broadcast because the Blacks used a cordless phone.

“It has been very truly said that the mob has many heads but no brains.” Rivarol.

6/12/1990 Evening. Mrs. Black to Mrs. Thompson.

B…”Now I’m going to fill you in on some amazing gossip.”

T…”Oh neat, goody.”

B…”Gary Cullum.”

T…”Who?”

B…”Gary Cullum, you know the guy who’s built that place you call shanty town.” (Says a lot doesn’t it?)

T…”Oh yes, yes, yep.”

B…”Chris has spoken to him a couple of times before and he rang this morning at half past six and he rang to say that Van Der Lubbe has been causing a bit of trouble.”

T…”Yea I heard that, Cathy said he had.”

B…”When did you hear?”

T…”Oh a couple of days ago Cathy was saying that there was a lot of trouble about the water or something. Yea he cut the water pipes and pulled up the alkathene piping. He was saying filthy words to Mrs. Cullum when she went down to the water tank.” (Like I’d cut up my own pipes.)

B…”Yea.”

T…”Anyhow go on.”

B…”Then he said you know it’s getting quite bad, um that’s just one of the things. Anyway he rang at half past six this morning and he and Chris were having a bit of a chat saying you know that things were bad and blah, blah, blah and also he rang to ask if we heard a rifle shot last night.”

T…”Really!”

B…”Which I did, I was in the computer room on the computer and I heard this gun go off about nine o’clock and I heard this big bang and it sounded fairly close. Well I didn’t investigate, when you live in the country if people want to let off guns that’s….” (Not concerned in the slightest)

T…”Yea that’s right I often hear them at the back here.”

B…”Hmm. Anyway he rang this afternoon and he wanted to talk to Chris and Chris wasn’t home. He said to me “Have you seen any action at the Van Der Lubbes?” and I said, “Well I’ve really just gotten home.” And he said that they are getting the phone put in and Van Der Lubbe doesn’t ….Mr. Cullum wanted to put a um, um an underground cable in but because the ground’s too rocky he has to put power lines through. And Van Der Lubbe’s gone absolutely berserk and said that that’s just not on that he will have to look out and see these power lines. And Telecom men arrived today to install a portable phone just to do in the mean time till they get their other one and he fired two shots over their heads.”

T…”Oh really! Today?”

B…”Yes.”

T…”Oh man!”

B…”And Gary said last night when the gun went off he said, we didn’t know where it came from but he said it was awfully close and we were just so frightened.” (Black who was “fairly close”, 30 meters or so, thought it no big deal and not worth investigating.)

T…”Oh they should have called the Police straight away.”

B…”Well I think they did, I think they did last night. Anyway he must have phoned the Police again this morning or today after he’d fired at them and cause he was lucky enough to have the Telecom guys there who saw it.”

T…”Shit I bet they were bloody scared some mad cunt firing at….”

B…”Right, he probably went off his rocker when he saw Telecom come in to install the phone.”

T…”Pardon, was that about nine o’clock?”

B…”I don’t know Robyn.”

T…”I went to work about ten to nine, I saw some men which I presume were, I thought they were post and telegraph vehicles outside Cullum’s driveway.”

B…”Right. So he phoned the Police and the Police checked up and he doesn’t have a firearms licence.”

T…”Ha, Ha, Ha, Ha.”

B…”Not up here he doesn’t.”

T…”Oh.”

B…”But they are going to check and see if he has one from wherever he came from, if not they’ll charge him, they’ll book him, they’ll actually arrest him.”

T…”Really!”

B…”And he said, ‘had we seen the Police out’ and Chris said ‘he had at four o’clock’ and I said that’s when Gary said they were due to arrive and so we don’t know if he’s been arrested or not.”

T…”Well I saw him, um I went to get Peter, I left about half past three.”

B…”Yea.”

T…”He must have an old man staying with him.”

B…”He has.”

T…”His father?”

B…”I think it’s probably hers.”

T…”And I could see him standing under the veranda there.”

B…”Yea.”

T…”Um I couldn’t see any sign of Police and then I came back up the road at quarter past four.”

B…”Right, but when I was talking to Gary Cullum he said, that guy has threatened us with so much.” (Cullum later admitted to Police that I had never threatened them but he still maintained that they “ran in fear of what I might do to them.”)

T…”Really, I didn’t, I mean I’ve heard from Cathy (another neighbour also poisoned by Cullum) because she was quite friendly with them. (Us.) She used to go up there for visits, um they have often said to her that they can’t stand him (Cullum) and all that stuff but I didn’t think things were really that bad with them. And then Cathy just told me the other day that he had been using filthy language to Mrs. Cullum when she went down when their water got cut off.” (I asked her if she was a bit nutty for trying to stop me using my easement and to watch out for the men in white coats.)

B…”Yea, and he said that he’s been doing that again today.”

T…”Really!”

B…”Yea. So I said to him, you must feel so frightened, he said yes we do.” (They were so frightened it caused them to wave and smile at us every time they saw us.)

T… “Because a guy like that is unpredictable.”

B…”Yea.”

T…”He could go off and completely go loopy.”

B…”Yea.”

T…”I mean we could have another bloody Aramoana with that guy around.” (Hysteria setting in.)

B…”Yea.”

T…”Hey but why didn’t the Police come up straight away because that’s pretty serious?”

B…”I don’t know Robyn.”

T…”Have the Telecom guys reported the matter?”

B…”Yea, Yea.”

T…”Oh they have good.”

B…”Yea they said that they would be prepared to be witnesses.”

T…”Oh good.”

B…”I said to him, you were very fortunate that they were there.”

T…”But did he actually fire at them or at Mr. Cullum?”

B…”No over their heads.”

T…”Well even so over the Telecom guys….”

B…”Yea well I suppose Mr. Cullum was out there as well. But Robyn he lives about twenty yards from our bedroom window.”

T…”I know, I know and I tell you what I wouldn’t like to live with that guy around…” (Two years of peace, not counting Black’s outburst, and suddenly I’m another David Grey.)

B…”I know Robyn.”

T…”What are you going to do? I think you should ring the Police and tell them you’re frightened.” (Start telling hysterical lies.)

B…”Ummm.”

T…”Because it’s the unpredictability of someone like that.”

B…”Yea Yea I know, and Gary Cullum dobbed him into the Social Welfare.”

T…”Good job, what for?”

B…”And he thinks it’s us.” (Why would we think that? Because Chris Black had done it a year earlier in retaliation for us having woken him up at 7.45am. Threatening me with violence wasn’t enough he had to denounce me to the Social Welfare as well.)

T…”Ha, Ha Trevor says ‘are them neighbours fuedin,’ he says he’d offer his protection services for…..per hour per night ha, ha.”

(A few months later “Trevor” got caught out with explosives he had perked/stolen from the Papakura Military Base. He was in the Territorials but because he was a ‘friend’ of the corrupt system, a bailiff, he was allowed to “get away with theft and possession/use of stolen explosives.”)

B…”Oh Robyn!”

T…”But I wonder if his parents are up because he’s sort of going off the deep end.”

B…”Oh I don’t know. They have been up before.”

T…”So do you not know if the Police have actually come up or not?”

B…”I know they’ve been up but I don’t know if he’s there or not.”

T…”If who’s where?”

B…”If Van Der Lubbe is in the house or whether he’s been arrested. See if they arrested him he’d be down at the Police Station.”

T…”But for something like that…..”

B…”Well Gary Cullum said he thought that the Police gave him the impression they would hold him for four days.”

T…”Really!”

B…”Yea.”

T…”As I say I definitely saw him when I went to get Peter and that was about…”

B…”Yes that was before the Police came out.”

T…”Right, it’s not going to be safe with someone like that living…..we don’t want people like that living here.”

B…”No.”

T…”This is what happens, people are complacent, they think oh well you know and then.”

B…”But we can’t do anything about it Robyn.”

T…”If enough of us rang up the Police and said we are not satisfied with what’s going on, we are not satisfied with what they’re doing about it and we want to know what the story is we’ve all got children you know, well what’s going on.”

B…”Yea.”

T…”If enough of us do it it’s gonna make them think twice.”

B…”Ummm.” (Witch-hunt.)

T…”You know when Cathy’s cat was killed, cause you know their cat was perfectly healthy.”

B…”Pardon?”

T…”When Cathy’s cat was….a perfectly healthy cat and it disappeared and it was missing for days and Greg finally found it behind…oh some bushes somewhere and they still think he poisoned it.” (If a cat went missing I must have murdered it.)

B…”Is that right?”

T…”He hates animals.”

B…”Yea well we were, you know when our cat went missing?”

T…”Yea.”

B…”It had been over there and I suppose we’re just lucky that it’s still alive.”

T…”Cathy said he’s cruel because she seen him be cruel to Flyn.”

B…”Yea.”

T…”Not just like getting annoyed with the dog for being somewhere he, it shouldn’t be but really cruel.”

B…”Yea.”

T…”Put the boot into the dogs stomach, in front of her too.”

B…”Ummm.” (A knee in the chest when it jumped up at me.)

T…”She was just shocked, she is the sort of person who loves animals.”

B…”Ummm.”

T…”He’s just cruel.”

B…”Yea.”

T…”I don’t actually know the Cullums but I’ve waved out to them when I’ve….but that’s about all I’ve had to do with them.”

B…”Ummm yea.” (But I believe every bit of malicious gossip they say about third parties.)

T…”And what does Chris think about the whole thing, does he think the Police should do anything?”

B…”Oh he thinks it’s a bit of a joke.”

T…”It’s a bit of a joke if it’s not you that’s…or it’s something you read about in the newspaper and see on TV.”

B…”Yea.”

T…”Time and time again things like that have happened and things have escalated.”

B…”Yea.”

T…”Small beginnings.”

B…”Ummm.”

T…”Especially with someone like him who is to put it mildly eccentric isn’t he?”

B…”Yes, Yea definitely. So anyway I thought I’d fill you in, I thought you’d like to hear that bit of news.”

T…”Yea we’ll have to wait and see what the outcome is.”

B…”Yea.”

T…”I know that Cathy was saying that he told the Cullums that he was taking them to Court about the water.”

B…”Yea.”

T…”Or something like that.”

B…”Yea, Yea.”

T…”It’s a pity the sale on his place fell through isn’t it?”

B…”Yea. Oh I nearly came down tonight. If you’d have been home I would have but I kept ringing and getting no reply, in fact I started to get a bit worried with all this hanky panky going on, I though he might have you hold up as hostages.

T…”I tell you what, I wouldn’t bloody put it past him.” (Well fuck me.)

B…”No, I know Robyn. You know Robyn I feel sorry for the kids.”

T…”For your kids?”

B…”No for his kids, because to me they are always, they look so timid.”

welfare eyes

(Welfare eyes? The only abuse my boys suffered at this or any other time was at the hands of school bullies related to or known by my accusers.)

T…”They do. Yesterday I went, you know how the kids get off the school bus then it drives up to the high school?”

B…”Yea.”

T…”All the kids get off the bus and go and play and perhaps walk up to the shop and buy something or whatever.”

B…”Yea.”

T…”And you know I pulled up to the bus and every single one of those kids got off to play or be stupid and the only one that didn’t get off and play was Luke.”

B…”Yea.”

T… “It’s awful isn’t it?”

B…”Yea it is.”

T…”That kids a good runner you know.”

B…”I know.”

T…”Peter quite likes Luke.”

B…”Yea.”

T…”I feel a bit sorry for her, actually Cathy said she’s not actually too bad.”

B…”Ummm.”

T…”A person like that will probably get worse as he gets older.”

B…”Yes.”

T…”He’s the sort of guy, he’s sort of teetering on the brink

and he just needs something to push him off it.”

B…”Yea.”

T…”It’s as though he sort of sets out to um, it’s as though it gives a bit of excitement to his life to get out and upset people.”

B…”Ummm.”

T…”Oh well I’ll be very interested to hear the outcome of all this.”

B…”So will I.”

T…”We’ll have to get the heavies to go up and rough him up a little bit. Get Trevor to dress up in his commando gear.”

B…”Yea.”

T…”Go up there and do a rekky on the place. I’ll get Trevor to take his Browning up. He’s got one of those rifles that you’re not suppose to have.” (Trev sounds like a bit of an Eric.)

B…”But he’s probably got it registered?”

T…”Oh yes it’s all legal and everything. I shouldn’t say you’re not supposed to have them, the ones you are not allowed to buy anymore.”

B…”Ummm.”

T…”That would make a big hole in the back of his chest, ha ha.”

“Rumour flies round the world twice before the truth gets its boots on.” Anon.

Chris Black to John? 6/12/1990.

B…”Shit we’ve got fun and games next door John.”

J…”Have ya?”

B…”Ho, fucken hell!”

J…”Hasn’t fired a shot yet?” (Strange question?)

B…”Oh yea, yea he, the guy um um Cullum.”

J…”Yea.”

B…”Um he had the P and T down there, ah, putting a telephone in.”

J…”Yea.”

B…”And the old buggerlug fired a couple of shots over their heads.”

J…”Is that right?”

B…”Yea. They called the Police.”

J…”The man’s got to be crazy.”

B…”Oh he is, he’s apparently, what he’s really pissed off now is see, Cullums got to put in poles for his telephone.”

J…”Yea.”

B…”And Van Der Lubbe doesn’t like the idea of his view being distorted by poles, well fuck my days mate, he put poles about thirty feet away from our house and I laughed.”

J…”You could go him.”

B…”Awe god I laughed…he, he’s a nutcase, he really is.”

J…”Yea.”

B…”You know poor old Cullum, he’s scarred shitless.”

J…”Yea he would be.”

B…”He didn’t have a phone and they couldn’t put one in so they’ve given him a mobile.”

J…”Awe yea.”

B…”Cause they recognise the fact that um you know mouhhhh.”

J…”Yea a dangerous man.”

B…”Yea he is yea.”

J…”You wouldn’t want your kids playing around outside would you?”

B…”Oh no I know John, and it’s not a twenty two he’s using it’s a Three-0 or I don’t know. I thought it was a shotgun to start with but Douglas said, Douglas was away from school for a couple of days and he said he heard them firing this thing. Apparently the range you know must have been about fifty yards or so, well a shotgun can’t shoot a target at fifty yards.”

J…”Oh.”

B…”Too soon after Aramoana ha ha ha.”

J…”I hope he doesn’t cut loose on Saturday night.” (Party at Blacks)

B…”Ooh shit he he he, oh I hope they lock him up before then, I hope they do that. Ha ha ha ha shit that would be fun wouldn’t it?”

J…”Yea it would be.”

B…”OK John.”

J…”I’ll get back to you in the morning.”

B…”Right you ho, bye for now.”

J…”Bye.”

Next day I wrote a letter informing Black that he should make other arrangements regarding the discharge of his sewerage.

“Cutting honest throats by whispers.” Scott.

And eight days later Cullum rings Black.

B…”G’day Gary.”

C…”Yea G’day Chris.”

B…”What’s happening?”

C…”Um, we’re having big problems with your neighbour.”

B…”What do you mean my neighbour?”

C and B …”Ha ha ha he he he.”

B…”I’ve got just a bigga problems with em.”

C…”Have you?”

B…”He’s given me a registered letter stating that he’s going to cut my septic tank off.”

C…”Oh yes well that’s good because we received one yesterday too.”

B…”What’s he gonna do to you?”

C…”About the water and um he’s charging us for all his time doing repairs and maintenance on the pump for the last twelve months which is $650 labour.”

B…”Ha ha ha ha.”

C…”Still that’s beside the point and that’s as far as we’ve had, he’s been firing shots at us and god knows what last week.”

B…”Again?”

C…”Yea, he had the one shot that night.” (The one Mrs. Black thought nothing of.)

B…”Yea didn’t he hit the Telecom van or something or other?”

C…”He went right over the top of the Telecom van, the bullet ricochet right over the top and that, so any rate they’ve witnessed and the Police has been out and god knows what.”

B…”Yea.” (The cops told Cullum what the true story was but he kept up the lying like a true shit-stirring coward.)

C…”Um now we’ve just been in to the solicitors again and now cause we’ve filed Court action and that through the small claims court, so we had to go in just a few minutes ago to see the guy that’s in charge of it all to see if he can, cause they told us it may not be able to go through till February and we said well we have to have water.”

B…”Yea.”

C…”He’s been disconnecting our water you see.”

B…”Umm.” (I disconnected him only once, much later, when he refused to pay his half of the power bill and it never went back on.)

C…”So um one thing leads to another and the matter’s getting very complicated. We’ve just been in to the guy from the Court and he’s informed us what we are to do and everything. We are just to carry on and use the water whenever we like, how long we like and if he puts one foot on our property at all he’s going to be arrested no beating about the bush. He’s not allowed on our property at all.”

B…”Yea he can’t even get to the pump then can he?”

C…”No he’s not allowed down to the pump at all so if he goes down there to disconnect our water he’s a goner.” (1)

B…”Yea.”

C…”So in any rate that’s beside the point, um regarding this firearms business and that, his wife has the current licence for the firearm not him.”

B…”Is that right?”

C…”Yes. And I always understood that um with a firearms licence as long as there is one in the house anybody can use the firearm.”

B…”Shit no, no way!”

C…”Um, when I was talking to your wife last week.”

B…”To Dia?”

C…”Yea, and she said that your son had seen him having target practice out the back when he was home one day from school.”

B…”That’s right yes, that’s right, he and his father, yep.”

C…”Well um the guy down at the Court of the solicitors and he wants to know if he can please interview your son and that about this.”

B…”Yea.”

C. “And if he’s prepared to say yes he has seen him using it, um the firearms will be confiscated and he is going for a skate.” (2)

B…”Oh well I’ll talk to Douglas.”

C…”And I said that I didn’t know if you’d want your son to get involved as far as that goes or not, and he said, well he said it’s the only thing we’ve got on him. He said we know he’s used it but nobody can prove that they’ve seen him with that gun in his hands.”

B…”Yea, well I’m pretty sure Douglas was ill that day and he watched them outside the window.” (My father was in Wanganui at that time and had they gone ahead with their dirty little scheme they would have come a gutser.”)

C…”Yea, yea. Well if your son can sort of say, yes he has seen him using it, well he’s a goner” (3)

B…”Yea, is that right? OK I’ll talk to Douglas and I’m pretty sure he’ll do it, well I’d advise him to cause you know it’s um, but it’s not gonna be, he’s at school now so.”

C…”Well look what he wants you to do is if you would ring um.”

B…”Who do I speak to?”

C…”Shit now I’ve left my card in the bloody car now, um it’s a Noel Cockerello.”

B…”Noel Cockerello?”

C…”Yea and he’s with Web Ross and Co.” (Another bright bunch of lawyers.)

B…”Oh yea.”

C…”So if you just ring them, their number is 483099, just ask to speak to Noel Cockerello.”

B…”Yep.”

C…”Or if you can’t get him, um please ask to speak to Nicola please.”

B…”Nicola.”

C…”Nicola.”

B…”Yep, Gary have you got the phone on?”

C…”Got it on yesterday.”

B…”What’s the number?”

C…”Um, 4352547.”

B…”Yea.”

C…”Good.”

B…”Has Van Der Lubbe got the phone on?”

C…”Yes.”

B… “I was in the Police yesterday morning.”

C… “Were you?”

B…”Um because we’ve been getting calls for the last three weeks where um nobody answers, nobody, and it’s you know quarter past six in the morning, ten o’clock at night all over the place. You know one and one don’t make three but, um I put it on the line cause I said to the cop down their at Whangarei Police, I said you know this guys been reported um.”

C…”Well do you know the guy Thompson the bailiff that lives over behind Greg (Cathy’s husband) and….”

B…”Oh hell yes, I know them very well, yes he’s had problems. He (wasn’t Trev) had to serve a thing on him apparently about a month or so ago.” (I won that case, in the Disputes Tribunal, over faulty building materials.)

C… “Yea.”

B…”And he’s having problems with him.”

C…”Yes he’s having problems because he’s now after his wife now.”

B… “Yea well Robyn’s been harassed by him.” (Asking a cop, Baker, to tell her to stop her slanders is harassment in their eyes. You will see later.)

C…”Yea.”

B…”She, she’s talked to the Police.”

C…”Yea.”

B…”I think you ought to have a good talk to, um, um what’s a names next door, um oh Greg and what’s a name.”

C…”Cathy?”

B… “Yea because I think that since that trespass notice has been put on, I think Cathy’s seen him on your place.” (On our water easement.)

C…”Yea she told me last night I rang her up.”

B…”Oh good.”

C…”Yea she told me she’d seen him. So we’ve told the Police about this and that so.” (And did the cops do me for trespass? No they did not, the cops told Cullum I had a legal right to go onto our easement.)

B…”Yea.”

C…”So it’s fun and games, so he just won’t listen to anybody, take no for an answer or nothing.”

B… “Yea.”

C…”He’s got a law of his own.”

B…”Yea. I don’t know what he’s going to do to my septic tank.

I’ve got my lawyers working on it and um I’ve got to contact them this afternoon and just see what, shit he could put an axe through it, he could actually legally do it.” (Black had to fork out for a new sewage system?)

C… “Yea.”

B…”Which really shits me off but.”

C…”Yea, did you know he’s been telling everybody round the place that um you, us, Cathy and them have been spreading slander round the neighbourhood about him?”

B…”No, who’s he been telling that to?”

C…”He told oh everybody that comes down to our place, all the Telecom guys, he’s been up there and told them all.”

B…”Is that right (What are they doing right now?)

C…”Yea, he even told the Constable at Kamo, (Baker) we had to go in there last week about the water.”

B… “Yea.”

C…”Work something out for a week and now it’s expired, now he, the Constable rung him up today to see if he would extend it till we can get this Court case business and he said bluntly no. Now he doesn’t, won’t even allow us to have water for our cattle except for between ten o’clock at night and six in the morning.” (You’ll see what a lie that was later.)

B…”Oh god.”

C…”Yea.”

B…”So he can’t even come down to the pump now, no?”

C…”No, no. So if he puts a foot on the place he’s had it.” (4)

B… Yea, does he know that?”

C…”No he doesn’t know that at all and they are not going to tell him either and that, he’s had a warrant sort of, he’s had a trespass thing issued to him.” (Bright boy is Gary.)

B…”Yea.”

C…”And that which says keep off the property and that but because he doesn’t actually own the pump, we own it, he won’t believe that.” (That’s not what he said in Baker’s office.)

B…”Is that right.”

C…”He’s actually trespassing.”

B…”Who pays the power bill for the pump?”

C…”Ha ha ha ha nobody. At this stage he’s been skiting for two years that the meter has never been read.”

B…”Is that right?”

C…”Yea, so Northpower have been notified about it haven’t they.”

B…”Ha ha ha ha.”

C…”So he’s in for a nice big power bill.” ($127)

B…”Oh shit a beauty.”

C…”He will try to thump it off onto us.”

B…”Yea.”

C…”I contacted Northpower last week about it.” (A serial dobber inner.)

B…”Yea.”

C…”Because Cathy said to me that he had been raving on to her and Greg for a long time about it”.

B…”Ha ha ha ha.”

C…”Well we were wondering in that because if the deal goes through on his property and that we will be lumbered with this bill.”

B…”Has he still got the deal going on his property?”

C…”Yes, yep, middle of January.”

B…”Is it?”

C…”Yep,yep.”

B…”Oh my God.”

C…”But Graham hasn’t had any joy with his place yet, I was talking to him yesterday.” (Was there anyone he didn’t talk to?)

B…”Yea, so his place is still on the market. Ohhh God please, please get him to sell his house.”

C…”Yea I know that’s what I’ve been saying to Graham ho ho ho.” (Cullum scared ‘Graham’ off with his whining. Who would want a moaning wanker like him for a neighbour?)

B…”Oh Jesus.”

C…”Yea.”

B…”Ahh ha ha ha ha. OK well I will ring Mr. Noel Cockerello.”

C…”Yep.”

B…”Um and arr we’ll sort it out.”

C…”Yep.”

B…”Isn’t he, ohh he’s unreal.”

C…”Yea is he ever.”

B…”Is his wife just as bad as he is?”

C…”Yea is she ever.”

B…”Yea.”

C…”Oh yea you should have seen the performance just last week in the Constables office in Kamo, She’s a smart mouthed little bitch.” (No drama at all except for them trying to claim ownership of our pump and then having to admit that it was ours.)

B… “Is that right?

C….I said to Jill I’d like to slop her right across the mush. (Remember I’m supposed to be the violent one! Or did Gary want to kiss her, have you seen Jill?)

B….He he he.

C….I sure would.

B….Ha ha ha.

C….We got to sit there, we all got told that it wasn’t going to be a yelling session or anything, that if one of us raised our voices, there was the door, we could get out.

B…Is that right?”

C… “Yea

B…”Who by the cop?”

C…”Yea.”

B…”Where, in his office?”

C…”In the Colonial Arcade in Kamo.”

B…”Oh yea.”

C… “He’s a hell of a nice guy.” (Delete nice?)

B…”Yea.”

C…”So believe me we’ve had fun and games.”

B…”Jesus.”

C…”So how about if you contact that guy.”

B…”Yea I’ll contact him right now. I’ll ring him right now.”

C…”And could you give us a tingle tonight and let us know what?”

B…”Oh Gary I can’t, see Douglas has got school and he’s got swimming and I might be able to take him down tomorrow, oh no, it’s got to be to who the Police or the solicitors?”

C…”No to the solicitors, the guy Cockerello wants to interview him.”

B…”Yea, yea.”

C…”And that, but I said to him, I said well he’s most likely to be at school today anyway.”

B…”Yea, yea. So well I don’t think he, well I suppose he’d like him there today?”

C…”I suppose but if he can’t, well he will have to wait till Monday.”

B…”Yea, yea. I’ll have to check with Douglas for the exact, he said to me that he saw them both doing target practice.”

C…”Yea, yea.”

B…”So you know.”

C…”Well see the thing is in that, um if he will tell him, stand up and say yea he’s seen him with the gun in his arms and fire it and that, um they can go in there and confiscate all the guns.”

B…”Oh that’s what I’d like, that’s what I said to the cop last night, I said this is just ridiculous.” (8 days earlier Black thought it was all a “big joke.”)

C…”Yea, yea, no they said the minute he says yes and the guns are gone but until then they can’t be confiscated.”

B…”They can actually confiscate guns from the house although there is somebody holding a licence in the house.”

C… “Yep.”

B…”You see she could say that they are her guns.”

C…”Yea it doesn’t matter as long as um somebody can prove that they’ve seen him holding and fire one of those guns.”

B…”Yea.”

C…”They are all gone.”

B…”Ho Kay shit what a…”

C…”Yea I know.”

B…”Ummmm.”

C…”We feel terrible having to involve anybody else in it and that, but oh struth.” (So he involves anyone red-necked or simple enough to listen to his ravings.)

B…”Oh no look I’m involved I could be having to shit, I might have to go to a night cart or something for my shit, he he he he.”

C…”Oh I’ll let you come and use ours, ha ha ha ha. I’ll even give you a key to come in and go, ha ha ha ha.”

B…”Ha ha ha ha. You mightn’t have any water to flush it, he he he he.”

C…”We’ll have bloody water all right don’t worry about that.” (My turn to laugh.)

B…”Yea shit. O.K. I’ll ring him and give you a buzz back tonight.”

C…”O.K. bye, bye.”

“What some invent the rest enlarge.” Swift.

And a few days later. You will notice that the story is developing with repetition. Chinese whisper or malicious exaggerations?

Black to his mother.

B…”We’re having fun and games with our Dutch neighbour, in fact everybody is, oh all the people, he’s gone, he’s doing some really weird things. The Police have been out a couple of times, he fired a shotgun to the other neighbour and.”

M…”No into the air pray God, what, you mean in the direction?”

B…”Well yea and actually the Telecom people were there and apparently some of the pellets hit the van. So I don’t know what happened.” (It’s amazing the shit some people talk.)

M…”Oh he will have to be dealt with won’t he?”

B…”Oh apparently the Police haven’t done anything about it, they reckon they were target shooting, well I don’t know how you target shoot with a shotgun.”

M…”That’s pretty poor because I would have though Telecom was powerful enough, you know their organization, to show the Police the pellet marks.”

B…”And he’s put the, do you remember me telling you about the problem with the easement for the septic tank here?”

M…”Yes.”

B…”He dropped a note to me yesterday, a registered letter saying, ah you will attend to this immediately or I will cut it off or something. So I passed it on to the solicitor because it’s going to be a battle between the solicitors and the surveyors as to who pays cause it was their mess up.” (So-called Professionals again.)

M…”Was it? Oh Lord that’s awful him letting off his shotgun.”

B…”Oh he’s, he’s a, he’s a real nutter.”

M…”Still the Police, I can’t understand it. He must have been strange before because…”

B…”Oh he’s got a bee in his bonnet now someone’s potted him to the Social Welfare which they have, which someone…another neighbour has, I think he thinks it’s me ha ha.”

M…”Oh you mean he’s drawing something that he wasn’t entitled to?”

B…”Well he’s on a benefit, I don’t know what sort of unemployment?”

M…”Did you say he’s a Dutchman?”

B…”Yea.”

M…”How old?”

B…”Oooh he’d be in his thirties, late thirties, he looks like, he looks like J C. You, you’d really put nail holes through his hands. He’s got hair down to half way down his back. He’s got a beard that’s halfway down his chest and he’s about as skinny. No he really looks; you could crucify him ha ha ha ha. He’s a nutter all right, Yea.” (And a Dutchman.)

M…”And what’s his wife like is she pretty nutty? or….”

B…”Just about the same, just about the same, right under his thumb I think.”

M…”And any children?”

B…”Two boys yes they are aged about 14 and 12 I think.”

M…”Oh he must be well over thirty in that case but ah..but are they all right or are they…”

B…”They’re strange too, yea one of them is but we have absolutely nothing to do with them.”

M…”No I don’t suppose you do but this firearms thing, there have been such awful things happening.”

(I didn’t listen to them anymore after that on account of me beginning to harbour murderous thoughts. Not really.

“Calumniate, Calumniate there will always be something which sticks.” Beaumarchais.

Mass hysteria manufactured monkeyman

NEW DELHI: It was a myth, after all. The monkeyman never did exist concludes a report filed by a special team of forensic experts and psychiatrists. It was mass hysteria which caused the entire monkeyman episode, states the report filed by a special team of forensic experts and psychiatrists. The team filed the report with the Delhi Police on Saturday.

Though the police have not yet made public the contents, sources said the report concludes the monkeyman was a mere figment of the imagination of `emotionally-weak’ people. It reportedly states there was little or no evidence to suggest that any organised gang or individual had been behind the panic, which gripped large parts of east and northeast Delhi during May.

“The special team had gone to several places where there had been reported sightings or attacks. The forensic experts had examined the spot and carried out tests to check for any physical evidence, like hair strands or footprints. None was found,’’ a police source said.

Forensic doctors, who were part of the team, examined victims who had claimed to have been attacked by the monkeyman. “The nature of injuries were scrutinised to see whether any animal could have caused them. In most cases these injuries were found to be too superficial to arrive at any conclusion,’’ the source added. Most of the wounds could have been self-inflicted, it states.

Psychiatrists later questioned a number of victims at length to establish their state of mind. It was reportedly found that many victims changed their statements on several occasions. Psychiatrists concluded that most of them were hysterical and could not be relied on.

Media coverage has reportedly also come in for criticism in the report. Sources said that the media helped propagate the hysteria by sensationalising the alleged sightings and attacks. This helped spread the rumour and the accompanying panic.

The report is to form part of a larger and more detailed report being compiled by the Delhi Police. Sources said that the report was being scrutinised by senior officials.

The final report in the matter is expected to be filed by next week.

NZ Police

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24 Responses to “03 Home Invasion (guns)”

1. It appears to me that you have failed to get on with anyone of your neighbours. Your site stinks of the saying “everybody’s mad but me”. Only the criminally insane would support these paranoid ramblings. The information on this site fails to impress. Clearly one-sided and without substance.

Dee

2. There are heaps of people who don’t see I your way DEE, take a look in FEEDBACK. Cheers anyway.

jack

3. And there are even more of us who agree with Dee…well said Dee.

scud

___________________________________________________________

alias Constable Kim Kuiper of the Henderson nick.

scud

4. I don’t see how this is related to the police… you are aware that it’s not difficult to get a trespass order aren’t you? That’s not the police’s fault… that’s you not getting along with your neighbour – and I’m not assigning guilt there… maybe you’ve had a bad run.

ZebuQueen

5. The Police are incidental in this matter although they did start with the lies and take sides AGAIN. This chapter is all about humans who turn and join lynch mobs at the drop of a hat. Stupid people all.

Jack

6. “That evening I was twiddling the dial on my multi band radio (sw1) when I heard a voice I recognised.” And then you go on to publicise confidential telephone conversations for days afterwards. Doesn’t sound like twiddling to me, it sounds like premeditated spying. Funny how everywhere you go the police are called – drugs, firearms, burglaries. Remember the shooting complaint involved an impartial third party (Telecom workers) but I suppose they are also wrong? I think your neighbours have every reason to think you present a danger to the community based upon if they have seen this sort of thing happen. Your kids look like great kids so their comments (if reported truthfully by you, and we have no way of knowing that) are quite insulting and none of their business. But I would suggest you perhaps look to see whether some of the blame may rest also with you. If it was just one neighbour against you it could be anything, but when there are several neighbours all complaining about you, then it may be time to examine your own actions as well, rather than just stating that everyone else is to blame.

7. You know that Paul Simon song that goes, You see what you want to see and disregaurd the rest?

Jack

8. Is that an admission Jack?

ZebuQueen

9. If this is an expose on “bent cops” then shouldn’t you stick to the argument? Once you start to wander off topic you lose momentum and it weakens the impact of the argument – a very important skill to learn in academics – and while this clearly isn’t a masters thesis, it is important to writing convincingly.

ZebuQueen

10. Example please.

Jack

11. The ones that are clearly only about your neighbour and problem that you’re having with him.

ZebuQueen

12. “If this is an expose on “bent cops” then shouldn’t you stick to the argument? Once you start to wander off topic you lose momentum and it weakens the impact of the argument – a very important skill to learn in academics – and while this clearly isn’t a masters thesis, it is important to writing convincingly.”

The Police became involved in all the neighbour and non neighbour problems so it’s all one and would be meaningless if I only wrote about the Police and left out the neighbours.

Jack

13. scuds are known to be inaccurate(This was bought to you courtesy of nznative)

Is that silence I hear from you ZebuQueen?

The Lord hates a lying tongue Jack – Be strong in your righteousness

puihi

14. Not nearly as inaccurate as some NZ Natives I know of….while we are on the subject of liars…some scuds actually found their mark thanks puihi…

scud

15. I came upon this site quite by accident. I haven’t read all the site, but the names #Van Der LUBBE# and #BRITTON# appear to feature so far….let it be known for the record that I was a serving copper in Wanganui from 1980 until 1986. Let it also be known that I was part of a team on one occasion that executed a drugs warrant at the Van Der LUBBE address in Ballance Street Wanganui, in the early 80’s. Quite surprisingly, Det Colin IRVINE made the mistake of speaking with a Van Der LUBBE family member (brother of the warrant target) the day before (probably because the brother was a traffic cop), with the consequence that no drugs were found. However, we coppers were all shocked to see a loaded high calibre rifle under the master bed, shocked because the Van Der LUBBE’s had young children living in the house. What was even more surprising was Mr Van Der LUBBE knew the loaded rifle was under his bed, but was not at all concerned about the fact.

Be your own judge…

Mike Cannon

16. I just love it when cops get their “facts” provably wrong.

You’re either a lier or a fool Mike.

Jack

17. Thanks for the corrections Jack….I haven’t been back to Wanganui for many many years, so obviously I need to consult a street directory to know the difference between Ballance / Paterson Streets.

I’d like to think I’m no fool, and I am certainly not a liar (nor exaggerator).

If you had a beef against the cops, ok, but do what most of us do after a while – just move on.

Mike Cannon

18. You’re wrong Mike, the rifle was not loaded and saying it was (only drug dealers have loaded guns under the bed) and also saying the only reason you didn’t find any drugs was because I was tipped off is nothing but another attempt to smear me. How do you know the rifle was was loaded Mike? Irvine didn’t pick it up and work the bolt. You are a liar Mike.

Were you the uniformed cop who accompanied Irvine to Ballance Street, Paterson Street or both addresses? Were you the “We’ll get you!” cop.

The NZ Police NEVER move on as you put it Mike so how the hell am I to?

Same old shit from the boys in blue.

Jack

19. I rang McDonald again this morning Mike and he said he’d come to my home to take a statement today but he never showed. Surprise, surprise. Looks like I’ll have to do another private prosecution and show the bent bastards up again.

Jack

20. You absolutely right. That is precisely how people end up being imprisoned for crimes they did not commit. I have had experiences similar to yours when I lived in Whangarei. There is actually something wrong with all of them. I do not believe it is a case of every one else is mad paranoia. many of the people that live around three mile bush road and especially during the late eighties, really are that ill.

I think they must have developed there sickness over generational bullying of the Tikipunga Maori.

steven

21. Mike has confirmed what I said about Irvine getting the address wrong on his bogus warrant and that he approached my traffic cop brother to find out if I was involved in drugs. And you have to work the bolt to see if a gun is loaded and Irvine did not pick it up he merely lifted the lid on the box it was in.

Jack

22. As soon as anyone states they are not a liar – you know they are – cops especially. Wanganui is riddled with bad cops – nearly as much as Papakura. But then look at the idiots they (Wanganui folk) elect to chair local council. That lycra wearing, eyeliner mad, neo-nazi attention seeking Michael dumbass Laws.

Nita

Tagged with: Christopher Black, Constable Steve Rudsdale, Gary Cullum, Jill Hayward, Kim Kuiper, Three Mile Bush, Whangarei Police

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04 Dick Dastardly

Posted in Bent Cops by Jack on 10/05/2008

“I have never seen a situation so dismal that a policeman couldn’t make it worse.” Bredan Behan.

As mentioned in the Rudsdale Report Form of 6/12/90 Baker did arrange and preside over a meeting between the parties at his office to sort out the water pump business. At the meeting Cullum reluctantly, and to Jill Hayward’s horror, conceded that the pump and pipeline were ours but he wanted an extension to the hours he could draw water from the supply. He wanted to be able to take water between 10pm and 6am instead of 12 mid-night and 6am and for an hour between 9am and 10am. Even though Cullum had been plotting and conducting a campaign of fear and loathing against us, I, for the sake of peace and not wanting to get offside with Baker, agreed to give Cullum the extension he sought for the requested period of one week. Cullum said he needed the extension so that he could water his chooks and gardens. That’s what he said but it was another lie.

When the extension ran out a week later Baker phoned me to see if I would grant another extension until the end of January 1991 when the lawyers got back from their holidays. Baker said they needed the extension to water their gardens and stock.

Remember, they were trying to use lawyers to usurp the ownership of our pump and pipeline to deny us our sole water supply even though Cullum had already conceded that we owned it.

During the week of the temporary extension I kept a note of when and for what purpose Cullum took water from our pump between 9am and 10am.

I told Baker that every morning of that week between 9am and 10am they ran the water into their 5000-gallon tank. Only once did they water their gardens and chooks and that was for a total of 15 minutes. And every night at exactly 10pm the supply to our house would stop only to come on again at about 11pm. I doubt that they were watering their gardens or chooks in the dark. We could tell, by the noisy bubbles that occurred, when our water came back on. In other words they wanted the extension solely to deny us water as they already had six hours each night to fill their tank. They couldn’t add water to their tank anymore than the two hours daily because it was already 90% full; Luke checked it.

I told Baker all that and that Cullum had broken the spirit of the agreement and that I wasn’t going to give them any more extensions. This was Bakers reply. (All on tape.)

“Either you do it like that (give the extra extension) or they’ll run the tank (he meant the water) whenever they want to. If you’re not going to be co-operative and let them have that temporary extension they will use the water whenever they want.” (Cullum was legally entitled to the water to fill his tank for six hours every night @ 300 gallons per hour) “They are asking for an extension to that temporary agreement because of weather conditions, the fact that they have stock and they do not want to cause problems. If you say OK you can only use it between 10 and 6 they are going to use the water outside of that time.” (He should have said between 12 and 6.)

Baker hadn’t listened to a word I’d said and continued to try to bully me into doing what he and Cullum wanted. He went on. “You’ve got to look at this logically. I’m trying to avoid what could possible be a serious incident in which the Police will become involved, people will be arrested. (Me of course) OK I’ll go back to the Cullums and I’ll say that the agreement stands that you use the water between 10 till 6, if you use the water between that time go for it.” (The agreement was for between 12 mid-night and 6am.) Clearly an idiot.

I told him he had no authority to give them permission to take water outside the time agreed to. Baker replied, “I have to look at the possibility of stock dying, as an inspector (I thought he was only a Senior Constable) I’m entitled to in that respect if I see that stock are being ill treated. I told Baker he had been misled by the Cullums because their stock water trough was on our pipeline so their stock would have water while we did. Not to mention the creek which ran through the bottom of Cullum’s cow paddock. Again Baker ignored what I told him and he barged on saying, “What I’m trying to get through to you Mr. Van Der Lubbe is that as far as I see it you’re being totally unco-operative. I’m trying to avoid a possible or a potential incident involving you and the Cullums.” I said, “Fair enough, you tell them to behave and everything will be OK. I have no intention of creating an incident.” Baker replied, “OK I’ll tell them the water goes back to 10 till 6 (he got it wrong again) and if they use the water outside those hours that’s their problem. But if you cut the water off in any situation OK, you will be provoking an incident because the Cullums will be extremely annoyed. They will come over to you, there will be problems and the Police will be called.”

You will have deduced that if Cullum cut off our water the rules might be different. So much for Baker’s Police oath to act without fear or favour.

Us, with no water tank and no alternative supply, had no right to “get extremely annoyed and come over to them and cause problems. Baker then hung up and I said to myself, that guy is a bloody maniac.

In the end Cullum refused to pay his half the power bill and maintenance as agreed, his reason, “Huh, my stock get their water from the creek so why should I pay.” What do you do with people like that? It’s illegal to beat sense into them so I cut them off our water supply altogether. They had to get their own pump (a petrol one) and pipe line to top up their water tank and fill their one stock trough which I disconnected from our pipeline. There’s brains for you.

________________________________________________________

11 Responses to “04 Dick Dastardly”

1. More anti-neighbour rhetoric. Nothing to do with the police at all. You call it bent cops but it seems it is your one man campaign against anyone that pisses you off. Very immature.

2. Senior Constable Baker, is it a bit clearer now me?

Jack

3. Doesnt seem too fair at all. They have use of your stuff, interfere with your supply, complain about their rights and they pay absolutely zilch. Good on you Jack.

Glad Im not you

4. I wonder if there are two sides to this story…some say they all do.

scud

5. Give tricky Dick Baker a bell scud I’m sure he’d have quite a story to tell.

Jack

6. ‘me’ is still a tosseur who can’t see the wood for the trees.

I’m disappointed in you Jack…you facilitated their needs far too often.

Repay evil with good and evil will never leave your house.

Having said that though…I can see the importance of historical evidence.

puihi

7. Hell I wouldn’t have been so neighbourly.
I would have disconnected their supply access to the pump so they couldn’t Piggy back the system. Disconnected the troughs as well and then dump a pile of Old shell fish in their water tank.
But that’s just Me.

Blue Phoenix

8. Luogo molto buon:) Buona fortuna!

tempo

9. E evidente che il luogo e stato fatto dalla persona che realmente conosce il mestiere!

napoli

10. From what i bothered to read of your waffle this is a civil matter. Your an idiot.

A cop

11. Yes Mr cop you already said that I’m an idiot, and yes it was a civil matter that was turned into a criminal matter by malicious complainants and a stoopid cop.

Jack

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05 Intimidation

Posted in Bent Cops by Jack on 28/10/2007

Prior to the Cullums moving into the area my boys built themselves a couple of huts using the volcanic rocks that litter the ground in the Three Mile Bush area. Then they played games with their walkie-talkies and binoculars. They continued to do that after the Cullums arrived on the scene. Any person who is without malice and or not nutty would take it for what it was, kids playing. Not the Cullums, they were seen taking photos of the kids at their huts and then they called Richard (Half-baked) Baker who once again charged into the fray. Read on and see how that maniac spends your tax dollars. He informed me that a complaint of intimidation had been made against me.

Wanganui Computer printout:

1 computer printout

2 letter from baker

my letter to baker

4 What a total plonker!

________________________________________________________

12 Responses to “05 Intimidation”

1. So what the police are saying is that you’re difficult to deal with and are unwilling to compromise to the point that if you don’t get things ENTIRELY your way you’ll throw your toys out of the cot?
You know, if people said that sort of things about me I’d be too embarrassed to post it…

ZebuQueen

2. “You know, if people said that sort of things about me I’d be too embarrassed to post it…”

If any of the things they said about me were true I’d have reason to be embarrassed.

Jack

3. Given the way you talk about the police, and possibly follow through on your actions, I wouldn’t be at all surprised if this was the impression you gave to them – thus making it true

ZebuQueen

4. “thus making it true” Bollocks.

Jack

5. True from their point of view, which is why it was included. Although if you are ACTING that way then it IS true, you are hard to deal with. They advised Britton to not antagonise you – that is not them taking his side.

ZebuQueen

6. “They advised Britton to not antagonise you”

Where is that stated?

Jack

7. They say the same things about me Jack
I rant and rave and am dangerous and they are too scared to come here on their own.
Well thats what they say to others.

DALE

8. ZebuQueen is a tosseur who can’t see the wood for the trees. DramaQueen would be more apt. Stick up for your legal rights Jack – and don’t let the mob get you down…in fact…laugh at their hypocracy…mock their selfishness…prey on their fear of truth…Hahaha

puihi

9. SO his kids built a hut, now the neighbours are taking offence about it.

Go and sort your neighbours out and tell them to put some blinds or curtains up and TA DA!!! no more invasion of privacy “issue”.

Anonymous

10. They are asking you to give your side of the story, having your lawyer there is their way of assuring you that they are not trying to set you up.

You refused to give your side of the story and as a result Police have to prosecute because a Complaint has been made that your not refuting.

Your an idiot and you brought the charge on yourself.

A cop

11. I was not charged A cop and I refuted the allegation in my letter to Baker dated 1/3/91 so it’s you who is the idiot, you can’t even read proper.

Jack

12. Its cause you waffle on too much.

A cop

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06 Gates don’t walk do they?

Posted in Bent Cops by Jack on 02/02/2007

06 “Gates don’t walk do they?”

A few weeks after Baker gave up his cherished intimidation madness I hung a couple of gates along Cullum’s Right of Way drive to keep stray stock off our place. That done we went away to the beach for a couple of days in our old converted bus. On our return I noticed that one of the new gates was missing. I wandered over to the Cullum estate and spotted the gate leaning against the back of one of their sheds. The Cullums were not at home so, bearing in mind the trespass notice, I sent my boys down to retrieve the gate. I had an idea why Cullum had taken the gate from our place and put it behind his shed so I played along with his silly little game to see what would happen. My boys retrieved the gate and I put it in our shed.

A couple of hours later the Cullums arrived home and about ten minutes after that our phone rang. It was Baker and this was how the conversation went.

Jack…”Hello.”

Baker…”Mr. Van Der Lubbe?”

J…”Correct.”

B…”Richard Baker, how are you?”

J…”Not bad.”

B…”Um, some gates, I understand the Cullums have changed some gates over and the smaller gate’s gone missing.”

J…”Is that right?”

B…”Gates don’t normally walk do they?”

J…”You’re telling the story.”

B…”Well do they? You own the gates don’t you?”

J….”You tell me.” (I was testing to see if the Cullums had claimed that I had stolen one of their gates.)

B…”Do you own the gates Mr. Van Der Lubbe?”

J….”Which gates are you talking about?”

B…”The ones at, er Cullum’s driveway.”

J….”What do they say?”

B…”I’m asking you a question Mr. Van Der Lubbe?”

J….”Do they say that I own them?”

B…”Yea.”

J….”Good, I’ve got them.”

B…”You’ve got the little gate?”

J….”Yea.”

B…”How did you get the little gate?”

(There was a five second pause by me at this point because I could not believe that Baker would be so stupid as to fall for Cullum’s latest little scheme to get me into trouble with the law. Maybe it was Baker’s idea.)

J….”I’m beginning to doubt your sanity Mr. Baker.”

B…”No, because there’s a trespass on….”

I cut him off and said, “Yea, I’m honestly beginning to doubt your sanity Mr. Baker.”

B…”It’s not my sanity that’s in doubt Mr. Van Der Lubbe.”

J….”No honestly…You have been backing them to the hilt for so long, they are losers, I cannot understand why you back them.”

B…”I’m not backing anyone.”

J….”You are.”

B…”You have breached the trespass notice.”

J….”You are making a fool of yourself Mr. Baker, again and again you make a fool of yourself, why do you keep doing it?”

B…”I’m paid to do that.”

J….”You’re paid to be a fool are you?”

B…”Yea, I really am,..a fool in the making.”

J… “You’re a complete bloody fool that’s all there is to it.”

B…”I really appreciate it Mr. Van Der Lubbe, my wife tells me that every day.”

J….”Yea she’s dead right, you must be a complete fool.”

B…”You went on the property to pick up the little gate did you?”

J….”You tell me Mr. Baker.”

B…”Well they don’t walk Mr. Van Der Lubbe.”

J….”You tell me if I was trespassing. What happened to this intimidation thing?” (I was referring to his brick huts madness.)

B…”What intimidation thing Mr. Van Der Lubbe?” (Memory loss.)

J….”Aye, that you were trying to screw me with.”

B…”I’m not trying to screw you with anything.”

J….”Yes you were.”

B…”Put it this way Mr. Van Der Lubbe, you went on their property to pick up the gate, you’re breaching the trespass notice for which we’ll have to prosecute.” (At this point I should have laid a complaint of theft of a “little gate” against Cullum but I didn’t think of it. I wonder how Baker would have reacted to that.)

J…”Go for you life Mr. Baker, make another big fool of yourself, just like the intimidation thing, you’re a fool and that’s all there is to it.”

B…”I appreciate your comments…”

J….”You’re a bigger fool than the Cullums are….”

B…”I know.”

J….”Yea, they are losers and you’re a loser.

B…”I’ve known that for years Mr. Van Der Lubbe.

J….”Yea good man it’s time you learnt your lesson.”

B…”Bye, bye.”

I heard nothing more about the “little gate” matter and eventually Baker lost interest in running to Cullum’s beck and call and trying to screw me. He continued to wave and smile at us, just like the Cullums, when he saw us in Kamo but he stopped that after I laid a complaint against him with the Police Complaints Authority but he still couldn’t resist one last display of smart bastardry, he sent us a Christmas card.

After that Baker had his off-sider Arundal-Fag deal with the Cullum complaints, yes they kept coming, but this new cop didn’t take sides as Baker had done and he wasn’t an imbecile.

He listened, looked at the evidence without bias and eventually the Cullums gave up their mad campaign when they realised that this new cop wasn’t going to make a fool of himself as Baker had done.

The Cullums took me to the Disputes Tribunal over the fence, water pump and other imaginations but they came unstuck when I proved that Cullum’s de-facto Jill Hayward committed perjury 21 seconds after she swore on the Bible that she would tell the truth, the whole truth and nothing but the truth. It was all down hill for them after that.

She even got the sack from her job at the movie theatre after her boss got into deep doodoo by threatening me with violence over the telephone. She had sucked him in with her malicious lies too. He accused me of all sorts of vile things so I told him that at least I didn’t fuck little boys and hung up. It wasn’t long before he phoned back bowing and scraping saying he was very sorry for what he had said and pleaded with me not to take the matter of his threats any further. I later discovered that this middle aged dope lived at home with his mother. Maybe I hit the nail on the head with my random kidfucker insult.

The cops later told me that a lie told while under oath in Court is only perjury if it affects the outcome of the trial/case, which was total bollocks of course. Be a different story if it was me that had been caught out committing perjury.

As I said earlier, I laid a complaint against Baker with the PCA and this was Baker’s answer to it.

Spot the lies?

I need to comment on the paragraph marked 1. Black’s lawyer repeated to the Court a lot of the slanders contained in the telephone transcripts (plus a few new ones) and the Whangarei Judge (Beattie) lapped it up. He thought up a technicality and declared Black a good bloke. Criminals get off every day the cops tell us.

Then paragraph marked 2 reveals why Baker acted the way he did towards us. The Police files compiled by Irvine and Co. must state that I am an unstable person who could resort to violence to if provoked. So what does Baker do? He allows and encourages Cullum, Black and the rest of the half-wit rednecks to do their utmost to provoke me into violence and thereby prove the Police files correct and gain him a scalp.

I proved by my actions that I don’t resort to violence even when sorely provoked and an unstable person would not have put up with the shit I put up with for so long. I proved by my actions that Irvine’s files about me are counterfeit.

Paragraphs marked 3 and 4 are concerning a letter Baker wrote for Cullum to mislead the Disputes Tribunal. It repeated a lot of the defamations I heard over the radio. I didn’t think to ask for a copy of it then, I was, as usual, a bit slow in the wits department. I later asked Cullum for it but he said no so I asked Baker to rewrite it from memory but he refused. Notice the “concoct” slant he put on it in his fraud of a statement. Baker commits the crime and then shifts the blame onto me.

Then comes a letter in Baker’s defence from his boss.

You will have noticed that the overseer of Baker’s madness gave him a totally positive report and he couldn’t resist giving the knife that Baker stuck into me a twist by saying that it would be dangerous to speak to me further. This is the sort of malicious crap that the Police dish up to and is so keenly believed by their lapdog the Police Complaints Authority. Of course he found in Baker’s favour and my Police file now contained a heap more demonstrably false assertions, which set the scene for, what was shortly to come.

I’ve never heard a positive word about the PCA. When the establishment of a PCA was first mooted the then Police Association boss Harding said, “A PCA would not be conducive to good policing.” Now the Police sing its praises and are quick and very keen to refer any complainant against the police to it. After a few years of PCA operation a lot of people were complaining of its bias in favour of the Police so in reply the then Commissioner of Police John Jamison said, The people wanted a PCA now they have to live with it. What does that tell you? Jamison was happy with the state of affairs and the “people” would have to lump it. The PCA is a sop to a gullible public and it should be abolished.

Complaints procedures have zero credibility

The matter at issue in this case had previously been the subject of investigations by the Police Complaints Authority and the Inspector-General of Intelligence and Security. Both incorrectly found nothing improper in the Police search of my house.

Only one of the eight police officers who gave evidence in the hearing of this case confirmed that he had been interviewed during the PCA investigation. And this was the officer (Detective Boyd) whose evidence in the hearing led the judge to conclude, in effect, that the search was unjustifiable political harassment.

The PCA concluded that it was not unreasonable for the police to suspect me of involvement in the hoax bomb because in an interview with Inspector Rob Pope I “confirmed a loose association with (Gatt Watchdog), empathised with its principles and engaged in some activities including speaking to meetings and taking part in a demonstration conducted on the week of the APEC summit”.

In coming to the conclusion it did, the PCA itself seems to approve of the kind of political harassment that Justice Young considered the worst aspect of this case.

The Inspector-General of Intelligence and Security was asked only about the actions of the SIS and not the Police, but he nevertheless volunteered the view that “it was not unreasonable for the Police to include Dr Small in the application for search warrant”.

Both these “investigations” were based on questionable assumptions and flawed processes and, not surprisingly, therefore, reached wrong conclusions.

As a result of my experience, I have no confidence at all in either of these complaints procedures.

“It was only through taking a private prosecution that I was able to discover that most of the police involved in my case had not even been spoken to in the course of the PCA investigation.” – Dr. David Small.

_________________________________________________________

7 Responses to “06 Gates don’t walk do they?”

1. Thin blue line comes under scrutiny

Jan 27, 2006

The police are beefing up internal inquiry procedures in a move to crack down on their own following public criticism.

The criticism has been over the way the force has handled 111 calls, speeding officers and rape allegations.

“It’s hard to see how any system could result in police officers being investigated to a higher level, a higher degree than they currently are,” says Police Association spokesman Greg O’Connor.

“What a new system will hopefully do will mean that it’s done more expediently.”

Police have confirmed to One News they’re about to step up their internal investigation procedures but they won’t release details just yet.

One of the country’s high profile criminal lawyers says it’s about time.

“Oh I’ve thought this for some time, in fact my view is always been often it’s a waste of time making a police complaint either yourself or getting a client to do it direct because it mainly gets whitewashed,” says Barry Hart.

Late last year police started looking at ways they could boost their public image.

It’s been a rough time for police on the front-line, with high profile cases like the Iraena Asher 111 call botch up, rape allegations and former policeman Anthony Solomona being found guilty of assault – leading to an inquiry into the so-called sick culture of south Auckland police.

“I wouldn’t be very keen on having former police officers because at the end of the day you’re just replacing one investigator by another,” Hart says.

It is understood the proposed unit will be completely independent of police and will be based on an internal affairs type set-up like the British use.

More details of the unit are expected to come out in March.

—————————————————————————————————————————————————-

More proof that the PCA is nothing but a cruel hoax.

Jack

2. The cops later told me that a lie told while under oath in Court is only perjury if it affects the outcome of the trial/case

Haha…lying, is lying, is lying. Man…have that fool up for stealing your gate. Can’t believe you didn’t think of it.

puihi

3. I already said I was a bit slow puihi.

Jack

4. You are mentally unstable and need help. Your worthless life is but a drain on society, the Police and taxpayers money, you should be ashamed of yourself. I honestly cannot belive that you publish this crap thinking anyone but yourself gives a shit about you or your petty little existence and exploits. Seriuosly if there was anyone I would like to see get locked up for life its you! Heaven is created on earth and you are living in a hell that you created.

Macca

5. It ain’t much by itself Macca but it IS another example of fruitcakes in the NZ Police.

Jack

6. Well i see you are into a bit of law breaking yourself lubbe on your comments gates don’t just move do they. You freely admit to breaking a trespass order against you. Your hardly a law abiding pillar of society. Also shows you up as a fool looking for some kind of mana for openly flouting the law what makes you think your above the law?

I see from gates don’t just move do they that your into a bit of law breaking yourself lubbe

7. Can’t you read halfwit? It was MY gate they ’stole’ and placed behind their shed as a provocation and I wrote that my boys retrieved it. You’ll have to do a lot better if you want people to believe your rantings.

Jack

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07 “I’ve got you now, you’ve made a fatal mistake”

Posted in Bent Cops by Jack on 27/01/2007

07 “I’ve got you now, you’ve made a fatal mistake”

Perverting the course of justice #3

In late 1991 Donald (he may not have brains but he’s ugly) Britton contracted to sell his farm property at Makirikiri Valley, Wanganui to my wife Sandra. Then he changed his mind about selling and tried to get out of the deal by intimidation.

On January 7 1992 Donald Britton said these things to me outside my fathers place in Wanganui. All on tape.

Britton “Jack, at the moment I’m in a fairly stable frame of mind, not every third day I’m not, every third day I’m fucken”….

Jack “That’s not my problem.”

B “Nothing’s your problem at the moment, until this goes ahead, until it actually takes place. If this sale goes ahead, then it will be your problem.”

J” Why?”

B” Oof, fucken hell, fucken, it just will be. I fucken, listen I know, I fucken know, I don’t fucken sleep at night, I know right?

J” What, you’re going to get violent?”

B” Oh fucken hell man, I don’t know myself. The money doesn’t mean anything to me so I’ll spend it real easy and real quick, this money doesn’t mean anything to me. (Is he hinting that he’ll hire a hitman?) From here on I honestly do not know…what I’m like because I fucken spend a lot of fucken sleepless nights and all sorts of fucken shit, right. If anyone dies you’ll go to hell. If you take my land off me you’ll die on the place, you and your family will die on the place. You’ll not survive January.” (Remember his avarice is exceeded by nothing, not even his sexual perversions.)

The police, Constable Cullum McGillivray and Senior Sergeant Neville Haggart, refused our request to remove Britton’s firearms from him at this time saying that we were probably trying to use them to further our civil claims against Britton. (Our Specific Performance proceedings.)

This is page 2 of a statement made by Britton’s then “girl” friend Carole Smith. Note the underlined.

carole smith

Then On March 19, minutes before he signed the Transfer Document at his lawyer’s office, he said this to me, (on tape) “I’ve come that fucken close to fucken suicide about five times over the last couple of months and about that fucken close to murder. It can’t be good for me. I can’t get past that state when I’m in that state. Look I laugh sometimes and the next minute I’m crying so I’m not sure.” (Guess who he wanted me to think would be the murder victim.)

Then during the period March 19 to May 19 (After the sale went through.) Britton said these things to me at the Makirikiri farm.

“You know I poured Roundup on the roof, only to kill the moss though. Ha, Ha, Ha.”

“See that tree there it’s shaking, that’s a bad omen.”

“You know this house is built on a fault line.”

“I caught two poachers on my land one day and I made them beg for their lives. I had my gun and a shovel with me. I made one of them start to dig a grave and then I told them to fuck off. I had Mike O’Keefe with me.”

“I punched Hugh Speed in the face on the boundary fence one day. Mike O’Keefe was with him and he told me later that he thought I’d lost it.”

“I fired a shot near a bloke on James’ one day. He told Alan James that he was going to tell the cops about it but Alan James advised him not to because I would get him back.”

“I’d like to be shot in the thigh with a high powered rifle just to see what it feels like.”

“I’ve been very lenient with you.”

“I’m a fucken schizophrenic are you worried?”

“I got my (rifle) barrel fixed.”

“When Maryanne left me I nearly shot myself, fuck it was a close thing.”

“Tom’s my puppet, he’ll do anything for me.”

19 May 1992

“Yeehaa, I’ve got you now, I’ve got you now, you’ve made a fatal mistake. Donald Britton.

Those words were gleefully shouted at me when Britton discovered the bullet holes in his vehicle and they also marked the instant when he cooked his goose.

shotsr

Senior Sergeant Nigel McRae got the sequence of the shots back to front and the ‘dispute’ was not about property.

Had McGillivray and Haggart removed Britton’s firearms from him as we had requested earlier the above shooting would not have occurred.

I fired at the vehicle because of Britton’s threats and the fact that he carried a firearm in his vehicle whenever he came to our property.

And what did the cops charge Britton with? Trespass! It should have been Disorderly behaviour likely to lead to violence, threatening to kill, being unlawfully in an enclosed yard and making a false statement to Police, (he admitted he’d lied about certain aspects of the shooting) but no they charged him with the bare minimum and then advised him how to get off the charge by telling the judge that he had to do it because it was an emergency.

As he left the scene he did a hand stand and walked on his hands a short distance. He was very pleased that his “cunning plan” had worked.

* * * * *

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08 Shots Fired

Posted in Bent Cops by Jack on 13/12/2006

Perverting the course of justice #4

Then for the next 3 to 4 years the Police turned a blind eye to a continuous campaign of provocation, assaults, firearms offences, intimidation, vandalism and theft by Britton, his son Mathew Britton, Angus Mars, Hayden Irvine, and a few other young manipulated fools with nothing better to do.

The below incident led to the unmasking of THREE more Police liars, first there was this Chris Roe joker,

And then came Roe’s final word on the matter.

N.Z. POLICE
REPORT FORM
TEXT: VAN DER LUBBE V BRITTON

23 September

Officer in Charge (Gary Patterson)
Wanganui East Community Policing Centre
WANGANUI

“As per our discussions, I have attached the correspondence relating to the latest allegation made against BRITTON by Jack” (Sandra) “VAN DER LUBBE.”

“In brief, on September 19 at about 1540 hours VAN DER LUBBE” (Sandra) “contacted the Bell Street Police Station on 111 to inform us that DONALD BRITTON had fired shots from a rifle towards his” (her) “house.”

“I went and obtained a written statement in my notebook from VAN DER LUBBE at his address and this is reported on a job sheet.”

(Roe did not interview all the witnesses as is required in bona fide investigations and he in fact he only bothered to interview 2 out of the 6 witnesses to the incident. Britton and myself and he buggered off back to town without disarming Britton which allowed him to fire a couple more shots over our house.)

“Later that day, at 1922 hours, I spoke with DONALD BRITTON, who acknowledged he had been up the valley shooting that day, but denied aiming any shots in the direction of VAN DER LUBBE.”

“There was no corroboration of VAN DER LUBBE’S allegations, other than the other members of his family agreeing with everything he said.” (That was a lie and the tape I made of the interview proves it.)

“On 22.09 I was contacted by Sandra VAN DER LUBBE and advised her that because of this lack of corroboration and the existing domestic problems between them, no further action would be taken on this complaint as Police had insufficient evidence to pursue a prosecution in open court.” (Compare that with what Judge Willy said about the veracity of my family in 16 PRIVATE PROSECUTION.)

“She was quite happy to accept this and began to give me a long list of previous wrongdoings alleged to have been committed by BRITTON.” (Do you see the contradiction in that statement?)

“I forward this for your information as there is if necessary grounds which may assist in revoking the firearms licence of BRITTON should this become necessary to ensure the safety of the parties involved.” (What grounds? He’s just finished saying that there was insufficient evidence to do anything.)

CR ROE
Sergeant C647
Wanganui

This case classic example of the corrupt way the Police were treating us at that time.
Roe had 4 credible victims but he still brushed it under the carpet with provable lies.

And he didn’t interview Matthew Britton even though he was an accomplice to the crimes and he didn’t recommend the firearms license revocation for fear of jeopardising their pending case against me.

Then later, on the evening of the shooting,

Randal

Then the dirty bastards tried to do me for making a false statement to Police (verbal) and misuse of a telephone.

First they withdrew a “unlawful possession of a firearm” charge that they said had been mistakenly laid. ‘Mistakenly’ my arse, they added that already failed charge just to make me look bad in the eyes of the judge.

Then the trial got underway and the first liar to take the stand was the above silly bugger Philip Randal, he gave sworn evidence repeating that all my calls that evening were abusive. He didn’t know that I had recorded them all and NONE were the slightest bit abusive. Proven perjury! He went a bit pale when I told him that.

Then Britton took the stand against me and he ended up dobbing in his mate Haggart as the balaclava wearing fool of 10/10/92.

I represented myself in Court that day after my then lawyer Peter Brosnahan reckoned I may as well plead guilty as they had me banged to rights but I proved him wrong and pissed the cops off no end into the bargain.

Then later this failed prosecution was written up as a conviction and used as an excuse to dismiss all further complaints by us against Britton as a lie. That’s why I always tell the truth, once they catch you out in a lie you’re fucked. Mind you they never caught me out but I was still fucked.

Criminal harassment

2.10 Clause 8 creates a new offence of criminal harassment, which is punishable by 2 year’s imprisonment. A person is guilty of criminal harassment if that person harasses another person and either:

intends to cause the other person to fear for his or her safety, or the safety of another person with whom he or she has a family relationship; or
knows that the harassment is likely to cause that other person reasonably to so fear.

2.11 I support the enactment of clause 8. I believe it provides an appropriate new offence to combat harassment. It criminalises the worst type of harassment where individuals are caused to fear for their safety.

2.12 I realise that some overseas “stalking” offences of this type have not been entirely effective because it can be quite difficult to prove that a person intended a pattern of behaviour to cause another person to fear for their safety or their family’s safety. There may be calls to broaden the scope of the offence or to remove the mens rea element. However, I think the alternate limb of the offence should meet that concern, since in cases where an intent to cause harm cannot be shown, it may be able to be shown that the harasser nonetheless knew that the actions were likely to cause the victim to so fear.

2.13 I think that we should be cautious about extending the bounds of criminality further as there may be unforeseen effects and the law may be invoked in circumstances which are not anticipated. For instance if the element of intent was removed there may be a risk of the law being used in the area of political or industrial protest. Harassment which is not reached by the criminal offence should be able to be covered in appropriate circumstances using the civil remedy which does not require an intent to cause fear to be proved.

2.14 Nonetheless, I would be disappointed if the criminal offence turned out to be impossible to effectively prosecute. That would be of little use to victims of harassment. I do not believe that this is the case with this provision but I suggest that its effectiveness ought to be reviewed after several years in operation.

_________________________________________________________

19 Responses to “08 Shots Fired”

1. Police officer badly shaken after shooting

Auckland police officer badly shaken after someone in a grey van fired pot shots at him north of Auckland

17 July 2005

An Auckland police officer is badly shaken after being deliberately shot at last evening.

The incident happened on the northbound motorway near Silverdale, about six o’clock.

Police spokesman Jayson Rhodes says the officer had pulled over a member of the public for a routine check when a van travelling in the opposite direction took pot shots at him.

He says both the officer and the member of the public dived for cover, but were shocked at the attack.

Jayson Rhodes says the officer was stood down for the night and welfare was provided.

He says there is no doubt this was a deliberate criminal act.

Police are confident someone will recognise the grey van.

He say the van’s either a 1986 silver or primer grey Nissan Vannette or Mazda Bongo van, with tinted windows.

Inspector Mike Hill says it’s a deplorable criminal act of violence.

He says lives were put at risk and police will be doing whatever they can to find the people responsible.

Inspector Hill says anyone with information should contact Takapuna police.
—————————————————————————
It’s a very serious matter if a cop gets shots fired round his ears but if it happens to the family VDL they can go and get knotted, no welfare support or even a proper investigation just the usual cover up on behalf of their tool Britton.

Jack

2. Police dive for cover as shots fired on motorway
18 July 2005

A police officer and a driver he had pulled over on Auckland’s northern motorway dived for cover when they were shot at from a passing vehicle.

North Shore police area commander Inspector Mike Hill said the shooting was deliberate and could have had fatal consequences.

A highway patrol officer working alone had stopped a vehicle on a routine traffic matter in northbound lanes just south of the Silverdale off-ramp, police said.

A series of shots were fired across the motorway from a grey van travelling in the opposite direction, in the southbound lanes.

The shots came from a vehicle believed to be the style of a 1986 silver or prima grey Nissan vannette, or Mazda bongo van. It had tinted windows and may have been lowered.

“The deliberate firing of the shots at a police officer and members of the public placed lives at risk,” Mr Hill said, urging people to come forward with information.

Police yesterday examined the scene but found no bullets. Another search will be carried out today and lanes will be closed.
—————————————————————————
In our case the cops (Roe) didn’t even bother to glance in the direction of where we said we thought the bullets might have landed.

Jack

3. You probably deserved to be shot at Jack.

Steve McQueen

4. Just like that cop aye Steve?

Jack

5. Just another case in which the Police are destroying the public’s trust in them. And then they’re shocked when members of the public take pot-shots at them. Well I say what’s good for the goose is good for the gander!!!

Tony

6. Well said Tony.

Jack

7. The police protect us from people like you. Hopefully the next bullet gets you, then others can sleep easy at night.

INXS

8. So you believe me when I say shots were fired over and around my house and that cops failed to properly investigate the complaints INXS?

Jack

9. Careful Jack – didn’t you warn me about wilfully taking the wrong meaning from something that was said?

Although – INXS – love the new song!

ZebuQueen

10. I have to say, its been a while but last night again I saw little green men in my back paddock. I know they were coming to get me again like last time. I didn’t want to go with them again, I do not want to be cloned. This time I took evasive action. I did dial 911 but as usual no one answered me. Those boys in blue just ignore my calls for help. I hide from them down the back of my farm where I grow my wacky weed. I have a shed there in which I’m building a time machine. When its ready I’m going to travel back in time and fix things the way I’ve said them on here. Then I won’t be lying anymore, because it will all be correct. Those cops are all out to get me, the only time they leave me alone is when I take my medication.

Rae88

11. lol!!! Is it just me or are more people seeing this “jack” as the problem?

Daniel

12. INXS sux – that’s why Michael Hutchence hung himself. Muwahahahaha.

Rae88 – snap out of it…you eejit

Daniel – still got your head up your ass…hahaha

Vote for Jack, **** Summer

puihi

13. You have such uncanny insight Daniel. Well done.

scud

14. Looks like time to get the DSM4 out again. The last story about actually using the gun in an act of violence, preemptive or not, was outstanding drama. However I don’t see the relationship between the pot shots on the cop in North Auckland and your pot shots on the mentally ill Britton and his passenger. One thing is for shore you appear to have demonstrated good judgment by getting the hell out of Dum Dum Village.(three mile bush) I am pretty shore that Cullum ended up getting it of with his secretary. However that is hear say and should not be used conceptually.

steven

15. “An Auckland police officer is badly shaken after being deliberately shot at last evening.”

“Jayson Rhodes says the officer was stood down for the night and welfare was provided.”

My entire family were “badly shaken” steven but mr plod didn’t give a stuff and we had to look after ourselves. No victim support for us.

Jack

16. I understand now. And I have to say I heard what sounded like a gun going of last night. I don’t think there was anything sinister. but my family was unsettled. I empathize with you and your family. You are clearly intelligent and sensitive people that have endured unacceptable persecution. I agree You did need support. I also understand the relevance of your articles about Whangarei. Some of the aggressive commenting on this sight, reenforces what you are saying about witch hunt mentalities in the provinces. And how when the local plod joins in on the bullying there are serious consequences. People are left traumatized and then we get people like say Daniel, making stupid insensitive put down comments. Someone like scud has a go then Inxs, Steve McQueen. and so on and so forth.

It is plain bullying. And when the New Zealand police force lowers its standards and joins in with the Daniels, Inxs and McQueens things start to get really scary.

anon

17. Napier police arrest man after armed call out
13 March 2008

Police have arrested a man following an armed offenders squad (AOS) call out in the Napier suburb of Tamatea this afternoon.

It was the second time the squad had been called to the area in less than 24 hours.

Senior Sergeant Andy Sloan said police were called to a domestic incident in Argyll Crescent around 1pm.

A man, aged in his 50s, was arrested following reports he had a firearm and was making threats, Mr Sloan said.

No shots were fired and the man was being detained for assessment, he said.

Local woman Donna, who did not give her surname, told Newstalk ZB she saw her neighbour across the road with a gun.

“He’s right across the road, there’s armed offenders (squad members) in our front yard, and all over the place. The street’s blocked off both ways. He’s got a gun, but that’s all I know really.”

Mr Sloan said a number of cordons were in place around Argyll Crescent until around 4pm.

The armed offenders squad members were also called to Tamatea yesterday when a man was seen chasing another man with a gun.

Police are still investigating that incident.

Jack

18. Well well well what did the police officer mean Jack when he wrote in his statement about shots fired article number 8. “Because of existing domestic problems between them”? And you say you have no problems with neighbours.

interesting reading shots fired

19. He meant, Here’s a bogus excuse for doing nothing. I’m glad you found it intersting. Again, Britton was never a neighbour.

Jack

leave a comment

09 AGENT PROVOCATEUR

Posted in Bent Cops by Jack on 26/11/2006

Perverting the course of justice. x5

“I’m well aware of the capabilities some of those porky bastards have got.” Former cop Frank Miessen

A few days prior to 10/10/92 the wife Sandra and I both made long statements to Senior Sergeant Neville Haggart about how Donald Britton was terrorizing our family; we wanted the Police to put a stop to his criminal campaign and revoke his firearms licence . So what does this Haggart genius do about it?

10/10/92 Neville Haggart, wearing a balaclava, with Britton about a 100 meters from our house. And he did that when he knew my wife and kids were at home, but he didn’t care if anyone was frightened by his criminal behaviour.

1_02

Here he is again compounding matters. Britton is playing for time, checking his radiator water, in the hope that I would react to Haggart’s provocations. Note Haggart’s tough guy stance.

On 14/10/92 I went to see Haggart at his request (he wanted “a few lines” off me) to make a statement about what happened on 10/10/92. For over an hour he tried to catch me out in a lie, asking me leading questions about what went on that day. Remember, I didn’t know it was him that wore the balaclava at that stage. During the interview this was said. (All on tape.)

Jack…Have you identified the joker? (The fool wearing the balaclava, I’d shown him the photos.)

Haggart….No

Jack….Isn’t it a crime to wear a mask?

Haggart….No

(To frighten or provoke people it is!)

Rana

Haggart….Could he be a farmer or anything like that?

Jack…No.

Haggart….If I call Britton in and we ascertain who this guy was, I don’t know how truthful Britton is likely to be?

Haggart is wondering how truthful Britton is likely to be! At the end of the interview I asked Haggart if he thought I was “bullshitter”. He said, “no”.

When I later (21/12/92) found out just how big a liar Haggart really was I complained to his bosses in Wellington and this is what I got back.

Note 5. how Mansell dodged the core of my complaint.

In the end Haggart made a statement about his criminal antics of 10/10/92 and this is how the last page went.

(End of page 5) As having investigated this file in respect of Van Der Lubbe’s allegation that ;

So here we have Haggart, the filthypathological liar, making a false statement (written) to Police and in it he has the gall to accuse me of being untrustworthy twice and that after he admitted to me that he didn’t think I was a bullshitter. He was right about being taped. He admitted to Sandra that our statements to him were “accurate, very accurate”. This duplicitious mongrel’s word is used by prosecutors to put people in prison. Now there’s a scary thought.

Only liars fear the tape recorder.

Haggart has stated elsewhere that the reason he did what he did on 10/10/92 was, “To test my reaction.” A clear case of provocation.

That little episode taught me to never, ever trust another cop.

Cooked goose number #4

__________________________________________________________

48 Responses to “09 AGENT PROVOCATEUR”

1. Jack I have read the page. I don’t know whether it was him or not – again only your side is given. BUT if it was, then no, there is no way that sort of behaviour is correct from a Police officer. It’s a shame that the alleged actions of one over 12 years ago has lead you to never ever trust another cop (your words). It’s like saying that because one woman (or man) broke your heart years ago, you will never ever trust another again and then do everything you can to slag each and everyone of them for the rest of your life. I really don’t think anything I say would convince you otherwise…

Anonymous

2. A portion of a Police statement.

Senior Sergeant Neville Morris Haggart states;

“On arrival at the property with BRITTON, I was dressed in jeans, a t-shirt and was wearing a balaclava.
The reason for doing this was because of the two previous instances where BRITTON had been to the vicinity of VAN DER LUBBE’s land and on each occasion they had resulted in an AOS callout by VAN DER LUBBE.
The first occasion was he alleged BRITTON was firing shots from a firearm from the land opposite which we had visited that day in the direction of his house.
The second occasion he has reported to the Wanganui Police that BRITION was on his land with a balaclava and was in possession of a firearm and was weaving in and out of tussock.
He was concerned for his safely, hence he called the Police station and AOS were activated on the second occasion only.”

jack

3. Wow, I’m gobsmacked, I’ve yet to read more stuff, this is the first page I’ve read so far and it’s got my full attention. I’m fed up with the separate laws for some and another set of laws for me. Man, I could tell some stories about unjust behaviour etc of Hawera Police and members of the courts and even my solicitors. Oh, and CYPFS! They are all a bunch of embiciles at most. I thought it was only in Taranaki. It seems it spreads wider than that too. Wow. And thanx for giving us the opportunity to learn who is what and so on.

Leisa

4. You’re most welcome to post your story in ‘Your Stories’ Leisa. Cheers.

Jack

5. Wow Jack – you got some photos of a guy in a T’Shirt and a balaclava (convinient isn’t it – he can’t be identifed as a member of the police) and photocopied a complaint – which they take as a statement so don’t check facts or correct “lies”. Damn – you’re one heck of an investigator!

ZebuQueen

6. Ring him ZebuQueen he’s in the Napier phonebook, he’ll confirm that he was the clown in the balaclava.

Jack

7. and he is guilty of standing by a car? Cause I stood by one today – and as far as I know no one laid a complaint against me…

ZebuQueen 8.

Don’t be silly ZQ.

Jack

But I can’t help it – your site is so silly… it makes me want to be silly too!

you don’t know he was trying to intimidate anyone – not everything is about you – he could have had his own stuff going on. A few photographs don’t prove anything. I have a photo of a rugby player mid air – to a gulliable mind it might look like he can fly… if you get what I’m saying.

ZebuQueen

10. There’s no hope for you ZebuQueen. It’s quite handy really, cop supporters talking such rubbish.

Jack

11. Well if cop abusers talk it – why not the supporters? I’m simply making the point that a couple of photographs can be taken out of context- don’t ignore the point because I’m right.

ZebuQueen

12. He admitted it was him and his reason for doing it he said was, “to test his reaction”. IE he tried to provoke a responce by unlawful means. Note his stance, is that the stance and hat of someone going about his lawful business on a hot day?

Jack

13. I’m sorry – I don’t see where he says he did it to test your reaction.

ZebuQueen

14. Haggart made a written statement that the reason he did what he did on 10/10/92 was, “To test my reaction.” A clear case of provocation.

That little episode taught me to never, ever trust another cop.

Jack

15. Court of Appeal vindicates police
National News Release 3:01pm 13 December 2005
Claims that Waikato police were corrupt and planted evidence during a drugs bust are baseless and without foundation, the Court of Appeal has ruled.

The claims were made in the Hamilton District Court late last year during the trial of Ross Williams, Darryl Abraham, Douglas Williams, Darryl Williams and Hayden Abraham. The group were charged with running a cannabis-growing operation after police found extensive cannabis plots on land at Kereta on the Coromandel Peninsula in 2002. The five plots were on DOC land and were adjacent to land owned and occupied by Ross Williams.

The group appealed their convictions and sentences on a number of points, but primarily on the basis that police investigating the case were corrupt and had planted evidence at the scene.

In a reserved judgment released yesterday, Court of Appeal Justices Hammond, Williams and Gendall dismissed all the appeals against conviction and sentence.

The judgment says that during the trial, defence lawyers for the group made “vigorous” allegations of police corruption, perjury and planting of evidence.

“The allegations of improper conduct by the police were serious . . . . On our assessment of all the evidence, we cannot see any basis for such allegations. They are simply baseless claims made in an attempt by the appellants to explain away damning evidence, or the implications of certain exhibits. No evidence was adduced or elicited before the jury, to provide any foundation for the allegations.”

Waikato police crime manager Detective Inspector Peter Devoy said police welcomed the judgment and felt vindicated by the court’s ruling.

“Allegations such as these cut right to the heart of policing and many of our staff took these allegations personally. Police work tirelessly to catch offenders and put them before the courts and it is disheartening to say the least when defence counsel resort to this type of behaviour in defence of their clients.

“The allegations were total fabrications, but we were publicly labelled as corrupt and incompetent police. It’s very difficult for police to fight back from that sort of low blow.”

Mr Devoy said it was unusual for the Court of Appeal to come out so strongly in their judgment.

“Of course the defence does not have to give evidence, but claims of police corruption and planting of evidence, to be made responsibly, require some evidential foundation and none existed,” the judgment said.

Jack

16. Ouch I’d hate to see what will happen if they see yourve posted a copy of the report sent to you on the internet. Privacy Act protects the police officer who signed the report from being identified and although he may be in the wrong his rights have been ignored. Ooh naughty naughty…

BoomeyWalnut

17. Naughty, naughty am I BoomeyWalnut, what about Haggart? I don’t see you criticizing his behaviour . That ludicrous porky bastard, totally ignored my rights but don’t worry he has seen it and has done nothing, the last thing he wants to do is give his criminal folly more publicity.

Jack

18. We all have grievences with the police at some time in our lives, but sites like this help noone. All they do is stir up unncessary resentment against a sector of the community who literally put their lives on the line for the rest of us. Police officers are only human, and may not always act in the way we would like, but I’m telling you this country would be a frightening place without them standing in the gap between us and the gangs, criminal underworld and other assorted lowlife thugs. As a mum on her own with two young daughters, I’m thankful that when the rougher element on our street make me feel unsafe the police are just a phone call away. Get over it mate, and be thankful we don’t live in a country where the cops really are bent and even in the hands of the criminals!!!

Arwen

19. Well said Arwen, and dead right…another proud Kiwi.

scud

20. Policing policies -

Sad but probably true. I have lived in Kiwiland most of my life and you have hit the nail on the head. I have friends that have left the “family” because of incidencies like that listed above. Police corruption is disturbing and in reality more wide spread than most New Zealanders think. When I was a little younger I did have a fleeting interest in the force but thankfully, this passed. You’ve got steel nuts publicizing this information and I feel for your family (remember the guy in Christchurch who was severely beaten 4 years ago for doing the same thing you’ve done here.) If they hassle you, get the media involved, bout the only hingthat will save you these days. But be thankful you dont live in Papakura, my brother served there in the 90s, he ended up getting counselling not because of the “criminals” moreso the activities of his fellow workmates. A truely desperate pack of wild animals.

Glad Im not you

21. Well, I have lived in Papakura most of my adult life…it is a shit hole and I don’t know how the hell they get any cops to work here at all, bearing in mind they get paid the same if they work in Wanaka. Maybe if they were not trying to police a ‘pack of wild animals’ things might be a little easier. This country is becoming a politically correct nightmare and all we seem to do is continually restrain our Police and make it increasingly difficult for them to do their job. It is a good time to become a criminal if you ask me…Maybe your brother didn’t have the balls to do what really needed doing?? Just a thought.

scud

22. #19 Once again scud (the cop) is defending the indefencible.

Jack

23. You are a wart on the ass of the people doing a good job in the police. you have issues and i question your blurryness between YOUR truth and the cops truth. Maybe you need a clinical assessment…

Blueee

24. But what if MY truth is the actual truth Blueee, what if I’m not blurry, have you thought about that or is that simply too awful for you to contemplate?

Jack

25. What do you recon puihi, is Haggart a bastard or what?

Jack

26. The Lord hates a lying tongue…muwahahahaha

What people like ZebuQueen, Arwen, scud and Bluee are too thick to see, is that the force is being infiltrated by hypocrites. In their bid to cover this fact up, they don’t realise the insidious harm it does to the thin blue line. Eejits all!!

But I digress…I’m a bastard and I don’t want to be associated with that lying snake so…as far as I know, he’s not a bastard.

Take faith from telling the truth, for the truth will out, no matter how hard the deceitful try to suppress it.

Lying Godless cretins…they are a wart on the ass of the one true God.

puihi

27. I think you put in the good word Jack. It’s not you’re fault that the truth hurts some people. Kia kaha.

Anonymous is right though…you can’t blame them all…there are some good ones. Unfortunately some are led astray by misguided loyalty.

puihi

28. Hi Jack,
I agree with puhi, I sympathise with you and your family, but there are some good ones. I know they may find it hard to stay true to their code of ethics, because ( bad association can spoil useful habits 1 Corithians 15v33) but without the Police Force this country would be a scary place to live in. The small percentage that go over the top should really get counselling or leave the force. Covering up for fellow cops that do wrong just make those ones just as bad.

Kruzee

29. i find an old quote from Tim Shadbolt fitting here

“Its all good going into politics with good intentions
but once one has their head in the trough
its hard not to act like a pig…”

power currupts,
WHO WATCHES THE WATCHMEN?

while i disagree with Puihi on her God BS
I will agree that lies do cause harm

mykodd

30. Okey Jack I will admit I feel that a Guy in a Balaclava out the front of your family home is Odd (past Crazy) and would very likely cause me to get pissed off in your position.
But to find out that’s it’s a cop… not any cop but the very cop you complained to about this… Doesn’t that make it a conflict of interest or something?
Can’t he have been charged with giving false info or some thing?

I know they don’t close ranks on their own.
But the amount you complain wouldn’t they at lest have looked at it?

Blue Phoenix

31. maybe every one should take a good HARD LOOK at the photo copy police letter where it looks very much like either a cut and paste job or some one not to bright using twink. Make your own mind up on this!

kiwi_lad

32. sorry forgot to mention where in the letter ….. “He cannot be trusted” and also on the last sentence of the statement

kiwi_lad

33. “maybe every one should take a good HARD LOOK at the photo copy police letter where it looks very much like either a cut and paste job or some one not to bright using twink. Make your own mind up on this!”

I made a few comments and such and deleted them with twink kiwi_lad but I changed nothing the cops said. Check with them if you like.

You’d think I’d change things to make myself look better though kiwi_lad, don’t you think?

It’s a bastard when all you can do to the destroyer of your dearest illusions is call him a liar aye kiwi?

Jack

34. Ex-policeman cops $5000 harassment bill

Wednesday, 17 January 2007

A former police senior sergeant has been ordered to pay $5000 to the senior constable he has been convicted of harassing for a second time.

Geoffrey James Hill, 48, told Christchurch District Court Judge Michael Green: “I just don’t believe the outcome. I just have this huge feeling of injustice over what’s happened. It just goes on and on and on”.

Judge Green replied: “It goes on and on because of your own actions. It is about time that you acted upon your claims that you want closure. Stop in any way approaching or dealing with this police officer.

“Put it behind you if that’s possible. Put behind you your feelings of injustice.”

He convicted Hill of criminal harassment today when he delivered his reserved decision after a hearing last week. He fined him $750 and ordered him to pay $5000 to the officer he harassed, for emotional harm.

The long sequence of events began when the senior constable stopped Hill for speeding in October 2003.

There is a dispute about what happened next, but Hill was arrested for assault and the charge was later reduced to obstruction.

Hill also complained of assault but his complaint to the Police Complaints Authority was not upheld.

He found out where the senior constable lived and wrote two letters, suggesting he should leave Christchurch.

One of them stated: “I take a very dim view of scum like yourself assaulting and injuring me like you did, but I am very patient and I now know quite a bit about you, including where you live, what vehicle you drive, and I will be taking a very close interest in you”.

In court on that charge, Hill had repeatedly mouthed the word “bastards” at the other officer and his wife, who is also in the police.

He was almost out of control with anger afterwards and the police prosecutor had to move him out of the way so that the officer and his wife could leave the court.

About two months later, the officer and his neighbour noticed Hill drive slowly along their rural road, do a U-turn and stop outside the officer’s driveway. Hill was stopped a short distance away.

In his second trial for criminal harassment last week he denied stopping, and said he had been driving around the area looking for ideas for house designs that might suit his own lifestyle block.

“That’s a perfectly natural thing for people to do when building houses.”

Hill told the court he had been a senior sergeant but had disengaged from the police after a diagnosis of post traumatic stress disorder.

He had run the police station at Kaikohe where the crime rate was immense.

It was regarded as a “punishment” station for police.

“We were in a state of siege the whole time. The police station was broken into repeatedly.”

He was on medication after that.

He denied in cross-examination that he had used his position as a mortgage broker to find out the addresses of properties owned by the senior constable.

He said anyone who paid for access to the database he used could have obtained the information.

He had then sent the two letters. Hill told the court: “I wanted him to get the letter and know how I felt. Even though he had been able to hide behind the system, I wanted him to know that we both knew what the true situation was.

“I accept it wasn’t a wise thing to do and I should not have done it. But I have been convicted of an offence.”

He acknowledged that at the earlier hearing, he had mouthed the word “bastard” at the senior constable and his wife.

He said it was pure coincidence that on August 6, he was seen outside the senior constable’s property.

Jack

35. we need this voice . We need to promote this site to New Zealanders letting them know that there are others out here exposing the police

ICS

shane wenzel

36. Knock yourself out shane! When is Jamie due back in Court, how’s he off for T shirts?

Jack

37. The police are the worlds biggest gang. My son & myself have been victims of their brutality & we have seen the police & their fellow officers collude together & fabricate complete crap out of a situation. Some people have their head in the sand if they think differently. We certainly arent PC but after being bashed in the head & punched around my kidneys for sitting in the car with my husband & having a few sips of beer, I have radically changed my opinion of the police. There may be scum out on the streets but I believe its each one for themselves & I for one am more afraid of the police than other criminals. I am an educated woman in her late 30’s & was not doing any harm to anyone. The police are a public nuisance as they arrested me for sipping beer in my car, meanwhile they confiscated & smashed our beer & left the remnants lying in the middle of the road. How can they possibly arrest me when their own behaviour was far worse. Those of us who fall prey to the police & their bullying behaviour know how scary the reality is…..Cheers to all you brave people who continue to stand strong against this type of behaviour….

Anglina

38. geez i didn’t no their were good cops i thought they were all corrupt or do you mean the good cops that let all their mates in the force no that their babysitter only has a learner liscense so leave her alone, or the one’s that know their family members cultivate, are p. heads, and fryers, but it’s ok they’ve got their eye on them, or do you mean the ones that after having pulled you over, had you breathalized, said you failed, then crushed the evidence under his foot. Is that who you mean? the good cops that commit to just small corruption. fucken wake up their are no good cops they took the job to take advantage of all the perks. the one’s i just mentioned. Don’t worry you’ll learn by experience one day. It’s just a matter of time.

bon bon

39. ha ha… very good site… but please tell me you aren’t serious are you?? These people can’t be that dumb as to swallow this crap.

ricky

40. Are you calling me a liar ricky?

Jack

41. Looks like ricky’s another hit and run ignoramus.

Jack

42. Lol your a nutter

Brendan

43. And white trash would know?

Jack

44. Diesell maxwell ring any bells. Police corruption to the max.

No one should make them selves available to the courts , when you enter their courts, basicly you are screwed.

strawman freeman soveregin.

Good one jack , thanks

anna

45. My pleasure anna.

Jack

46. Jack
I found this website quite by chance. Very interesting ancedotes on it but not exactly true are they!
I am an ex detective and I worked with Neville Haggert for a number of years in Hamilton. If that photo is him then I’ll eat my hat….for a start and as well you must know Neville is not very tall and a long distance runner…doesnt look anyhting like his build! There is also no way Neville Haggert would even contemplate doing what you have suggested on here.
You also seem to have come across a lot of the criminal fraternity for a law abiding citizen…is that a coincidence or bad luck… you choose

Ex demon

47. Hi there ex-demon, give Neville a ring if you don’t believe me, his number is 06-844 0305. PS: Let me know if your hat satisfied that doubting Thomas tummy of yours?

Jack

48. “You also seem to have come across a lot of the criminal fraternity for a law abiding citizen…is that a coincidence or bad luck… you choose”

Bad luck, every time. If you had read the stories, sans blinkers, you would have noticed that.

Call yourself an ex-detective, “I am advised Senior Sergeant Haggart has at no staged denied to you that he was the person wearing the balaclava.”
Did you detect that written by J H Mansell above did you Ex-demon?

“There is also no way Neville Haggert would even contemplate doing what you have suggested on here.”

Just shows you how wrong you can be about a person and how far a dumb cop will stoop to prove that its not them that are the liars in this saga.

LIKE I said on page one Ex-demon, “No need to make stuff up, the truth is sufficient.”

Jack

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10 Half Baked Rambo

Posted in Bent Cops by Jack on 04/11/2006

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Perverting the course of justice. #6

P DONNELLAN
SERGEANT 7038
Wanganui AOS
DISTRIBUTION:
District Commander Inspector MANSELL
S/Sgt HAGGART
Sgt BURNS
Sgt DONNELLAN
Coordinator: FIREARMS AND TACTICAL GROUPS P.N.H.Q.
FILE
……………………
Britton was located at Mike O’Keefe’s house. Donnellan did not look for the rifle (O’Keefe’s) or the balaclava at the address.
Donnellan dismissed my family’s allegations preferring Britton’s utterly ludicrous version of events in which he claimed that I had fired a pistol shot at him earlier that day and that that was why he returned with his camera to try and take photos of some of his property that still remained on our farm. Donnellan did not ask Britton to produce the camera he claimed to have in his possession that evening. Again Britton was allowed to get away with his crime and a family of four witnesses/victims were callously dismissed as liars by police who were loathed to upset their malicious prosecution of me by charging their star witness with a violence or threatening offence.
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Comments on this page

1. ONE LAW FOR ALL!!
puihi

2. One Mental Health system for all!
scud

3. What’s happened to the police who joined the force to serve and protect us? Now they have the mentality of; you will do as I say, not as I do, or you will suuffer the consequences dearly! One law for all!!!
SSC

4. funniest bit of reading!! so,whats the latest update!!bahahahaaa
sharlene britton

5. o,, and no relation!! i think!!
sharlene britton

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11 Depositions

Posted in Bent Cops by Jack on 08/10/2006

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“NIGHT-TIME’S MY PREROGATIVE, THAT’S WHEN I DO THINGS.” – D Britton. (Sneaky coward.)

“Most of us live in the belief that our Police are honest, trustworthy, well we have to, without that confidence our very sense of security is threatened.” – Cameron Bennett, Reporter.

“The Integrity of the Police is priceless.” – Rob Robertson, Police Commissioner.

Contrary to what police so often imply, self-defence is certainly legal. Section 48 of the NZ Crimes Act states that “Everyone is justified, in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use”.
This is exactly the same law used by police to justify them having the right to carry and use firearms for their own protection yet there is nothing in the Act which gives police special rights over and above those of the citizen. Clearly EVERYONE, no matter what their job, no matter who they are, has the same right to self-defence under New Zealand law as the police have. What is missing of course is the level playing field, the ability to use equal means. This, however, is purely due to how police policy currently interprets the law to disadvantage the law-abiding citizen. What seems to have been forgotten is that internal police policies do not have any real legal status, so the use of policy to justify restricting a legal right is almost certainly illegal. Be that as it may, it is high time police throughout New Zealand were reminded that they do not yet have any special right to better self-defence than the people they are sworn to serve and that, no matter what their personal feelings on the matter, our common law right of self-defence is precisely that – a legally enforceable right.
Donald Peter Britton (Sworn)
That is my full name. I reside locally and am currently unemployed; I am in transition. Earlier this year I owned a property at Makirikiri Valley and sold that property to Jack Van Der Lubbe, or Sandra Van Der Lubbe, but Jack came up I’m not sure when it was, March maybe. When I sold the farm there was everything I owned there virtually, such as sheep, horses, shed, posts, timber, stove, everything on the farm virtually and deer.
On the evening of 18 May of this year I went to the property the night before the incident to get some posts, rammer, wire strainers and fencing gear. Whilst I was there I spoke to Jack for quite a while. In relation to me retrieving the property nothing was said, a few things came into it at that time. I said I bought a place down the road, that is what I wanted the property for and Jack gave me the third degree of what I bought etc.
The following morning 19 May I was in the shed at my home address and Mrs. Van Der Lubbe came round. I was laying in bed and I sleep with the door open and she walked straight in and threw a piece of paper onto the workbench which is above my head and said this is a trespass notice and started to insult me and provoke me for some strange reason and said you are lazy and all sorts of things. I took her word for what she was saying and tried to argue my case such as what are you on about, I told Jack the night before I would be up in the morning to get my gear. As a result of her coming to my place it took me probably a good minute or so before I could get out of bed because I didn’t have any pants on, only a nightshirt. I jumped out of bed as she was walking down the drive yelling. I was trying to explain to her that I told Jack that I would be up in the morning to retrieve my gear for the property down the road. From there she just kept hurling abuse and trying to provoke me and I felt flustered and picked up a piece of steel on the back of the ute and said piss off and there was a lady asleep in the house next door and a mother and child and she left finally.
After she left I went back and got changed. I subsequently went out to the property and got a friend to give me a lift with the longdrop. I needed a lift with some of the heavy stuff. I went out to the property. I went in my Subaru. When I got there, I looked up at the house, I lived there for six years and looked up and there was no one home, there didn’t appear to be anybody there and I didn’t notice the gate was locked. I looked at it and studied it and saw a chain around it and a big padlock and meantime Tom was just sitting in the car and I looked around to see how I could get into the gate and beside the gate was a six by one, about eight feet long. I put it under the gate and started to try and lift the gate off the hinges and looked up at the house and saw there was no life there and the board broke. I then looked over the fence and there was an eight by two. I climbed over the gate on the hinges side and got the eight by two. I climbed back over the fence and started to try and lift the gate off the hinges. I knew what the gate was like because I hung the gate for him as a favour about 3 weeks before. While I was trying to ease the gate off a yellow Mazda ute went past with a man about fifty years old in it. I was crouched down and looked around and he just carried on and my ute was opposite but enough room there for him to go past. I looked up at the house again to see whether anybody was there and to check another vehicle going past and there was still nothing. I eventually got the gate to come off the hinges. I opened the gate still padlocked onto the other post at the other end. I walked back over to the ute, looked around to see if there was any deer close by the gate which wouldn’t come out during the day. I looked at the house again, still no life and just started to drive up towards the house which was where all my gear was stashed.
As I approached the second bend there was a bang. It sounded as though someone banged on top of the roof – dooomb. I looked up and saw Jack about ten feet from the end of the post where there was rails and a post. Tom said, “fuck he is shooting at us.” I said, “don’t worry about it,” because I thought he must have come from somewhere and fired a shot to be funny or scare me or something. I didn’t feel scared or anything at that stage because Jack had done something similar like that once before, but the window was down on my ute. It all happened as I was coming into the bend and I navigated the track again thinking he was just clowning around and he fired another shot, bang again and I felt a jar under my feet. I thought the bullet had gone down under the car and it was a vibration on the ground. At the same time the car stopped. I thought it had just stalled. I stuck my head out the window and I said I’m just coming to get my gear, why don’t you shoot me in the head, because I still thought he was clowning around. I wound the car over and it wouldn’t go. So I hopped out and Jack then…when I hopped out I looked up and saw Jack move over to the post and then take aim, like more accurately but by then I was out of the ute and had turned my back on him. He was yelling I’ll kill you and all sorts of verbal things, seemed pretty hyped up. I looked under the bonnet and couldn’t see why the thing had stopped, must have jarred something or whatever. Then Tom got out and came around the front of the ute to see what the story was and sat there for a minute and came out. While I was trying to find out why the ute wouldn’t go Tom spotted the bullet hole in the front of the ute, the second bullet hole. He said I think he is going to kill us. I then had a funny feeling on the back of my neck and back, strange sort of feeling. I then thought that Jack probably would shoot me in the back of the head or neck when I told him to because I thought he was clowning around. A lot of thoughts raced through my mind at this stage. I had seen Jack before shoot at things, deer for instance when he has been exited and clean missed them. Then I turned around and pointed at him because I knew I was safer facing the guy and said, you idiot you have shot my ute. The ute wouldn’t go at this stage. He yelled something at Tom and I just got back in the ute thinking darn it I can’t get my gear and Tom got back in the ute and I let it run back down through the gate and stuck the gate on the hinges. I never saw Jack again after that; he disappeared again. I started to walk up the road and thought I’d better do something and Allan James stopped and picked me up, the ute couldn’t go anywhere it was shot up.
When I left my address that morning first I had a .22 behind the seat, when I went round to pick Tom up I thought I’d better throw my rifle out of the car because when I go to get the gear if Jack is at home and seriously clowning around, he might conjure up something so I took it out of the ute.
You have to remember the night before when I said I would be up in the morning to pick up my gear; it was like a bolt from the blue. Jack is in Court today seated next to Mr. Brosnahan. Mr. Van Der Lubbe had a .243 calibre rifle. When he fired the shots he would have been maybe 30 or 50 yards away from me, it is hard to say. As I started to approach and he shot the first bullet hole. I didn’t retrieve any property on this day as I had no vehicle and as a result of my going there I have been charged myself with trespass.
Cross-examination by Mr. Brosnahan.
Your contract for the sale of your farm to Mrs. Van Der Lubbe was entered into by you on Oct of last year?… Could have been I don’t know. And you signed that contract at a time when you thought you were buying another business or property?…No that’s wrong. Sometime after you signed the agreement and shortly before it was due to settle in December you indicated you were refusing to settle and wouldn’t move out of the farm, is that right?…I didn’t particularly want to sell the place to start with. (So he listed it for sale with Elders Real Estate.)
Shortly before you were due to settle, be paid for and hand over possession of the farm property you made it plain that you didn’t want to and wanted to get out of the contract, is that right?…I had spoke to Jack. I am not a person for date’s right, but I spoke to Jack, I wouldn’t know exactly how long after, when I had my head cleared. What was wrong with your head before?…My head, I was depressed. You were depressed. Why were you depressed?…Why was I depressed, I don’t know you tell me. I get depressed now and again. Weren’t you facing some other charges, threatening behaviour that sort of thing?…No just depressed in general, probably mid-life crisis.

(Is that perjury or what?)
And do you behave a bit strangely when you are depressed?…No not necessarily strangely. You do things you regret and things you don’t really want to do, is that what you are saying?…Well I’ll tell you something, are you referring to signing my property over? Tell me what you are referring to. You said when your head cleared, I’ve asked you what you meant and you said you were depressed and I am asking you what impact you’re saying it had on you?…The affect was that in reality, right, I had done something stupid by referring to Jack. By referring to Jack?…By offering Jack my property when he had been asking me on and off for years to sell it right, land is like a love affair.
(I said just once to him, “If you ever want to sell it let me know.”)
So you regretted having offered Jack your property, is that what you are saying. Because it was something stupid, is that what you’re saying?…I actually didn’t want to befriend the guy right, but I had told him prior to his coming up the morning before, forget it now I’ve changed my mind. Are you saying that happened before you signed the contract?…That’s correct. I see. But you did sign the contract?…I did sign the contract because he said, strike while the irons hot and the thing is he actually brought his father and a typewriter and an agreement. And you signed the contract?…I signed it. Right. Now that we’ve established that with great difficulty. Before you were due to be paid and move out of the property, did you say you had changed your mind and didn’t want to sell?…Yes I said that. In fact did you refuse to move out and refuse to sell?…I tried to talk to Jack actually about it. Did you refuse to sell and refuse to move out?…Yes. And you were very bitter and angry over the fact that the Van Der Lubbes, or Mrs. in particular, would not release you from the contract weren’t you?…I felt befriended. You felt befriended?…Yea. What does that mean, does that mean that they were being friendly to you or you felt you had no friends?…I had been befriended right. I don’t know what befriended means in that context?…Prior to me talking to Jack about this I had rung him and said I might come and see you, I need a holiday. So did you feel angry and upset you weren’t being released from the contract?…I’ll tell you what happened. I rung Jack and said, look I’ve have made a mistake right, I wasn’t thinking straight and he said yea you signed it, you signed it. He said, will you pay me $20,000 and I said anything you like. What do you want me to say? Right, so were you upset that you weren’t being released from the contract?…Um no, I accepted after a while. That was after Court proceedings were issued and you had been served and it was coming up for Court action for an order to force you to sell that was where it had reached hadn’t it?…Put it this way, I thought I’d better do something because he started going round to the house that I stayed in the shed at the time of this incident, the lady’s got a child and he was stopping her on the walkway on the way home and asking all sorts of questions about me. Started going to another property of mine and talking to the woman in the house but would not talk to me. So were you upset that you weren’t being let out of the contract and angry?…No I wasn’t angry, disappointed. So did you at one stage go to see Mr. Van Der Lubbe to try and persuade him to let you out of the contract at Ballance Street?…I had talked to Jack on the phone on a couple of occasions and got my lawyer to talk to him. Is the answer to my question yes?…Yes I saw him. Did he at your request sit in your vehicle to discuss the issue?…Yes he did.
And did it become clear to you in the course of that discussion that he wasn’t going to wear it and he wasn’t going let you off?…That was clear when he sat in the vehicle with the door open and didn’t look me in the eye. All right, so that became clear to you?…Didn’t seem like the guy I knew as a friend. And in the course of the discussion did you make threats on his life and his families life?…No, I did not. Well eventually through Court action you were forced to sell the property weren’t you?…That is correct, it didn’t get to Court. You saw the writing on the wall and were told you were going to lose?…Well the thing is how do you know how it will go, you know you wrote it up yourself and there was some pretty funny stuff in there, threatening to sue me for $20,000 for a little bach and $20,000 for this and that. It is scary for a guy with out any gold. So the upshot of it all was you gave in and sold the property?…That’s right. And that was after you had taken your own legal advise wasn’t it?…Well that sounds okay but Jack altered a bit of legal advise, altered a bit of the legal document. I’m just asking whether you gave in after you had taken your own legal advise, the answer is either yes or no?…No it’s is not that simple. You can explain it afterwards but did you take your own legal advise?…You have the right to stand in this Courtroom and if this man here says there is a bomb here and paid you to leave would you leave?…Yes, yes, yes. The thing is you know yourself you were attempting to sue me for $60,000; I had to, had to take that advise. I was really just asking if you’d had some advise?…I showed the contract that Jack had altered to my lawyer but he said it meant nothing, I had signed it and I didn’t want to lose everything. And that is how you felt, at risk of losing everything?…Correct. And with that feeling in your mind and with the advice you had been given you sold the farm and moved out?…That’s right. But you were very, very angry about it weren’t you?…No, no. Quite pleased about it?…No not pleased but I had to accept it.
Lets come to the night before the incident, the subject of these charges…Don’t you want to know the two months previous when I used to up and ride my horse there and take stock and stuff, we got on quite all right. Sandra Van Der Lubbe gave me a meal. Now on the night before you had gone up to get some other gear?…Correct. And you got the posts and fencing equipment that night?…Right, well it wasn’t that night it was in the afternoon and it ran into night talking. So there had been not a problem you say in the intervening period between you and the Van Der Lubbes?.. Correct. And you even had a meal there?…Correct. And were you wanting to lease a couple of acres of land from them?…No Jack said prior signing this place, you can build something up on the back there on the flat, go on mate, buddy sort of thing.
In my depressed state I didn’t worry too much about it. I mentioned it when I signed this thing. For me I take things as words not times and date’s and writings. I said I wouldn’t mind keeping my pine trees down the road, my plantation. He said, yes they are only scungy pines anyway, you can have them. And he said, we will give you a 999-year lease on it and I said yes that is pretty good okay then. Okay, so were you wanting to lease a couple of acres of land down the road?…Jack’s suggestion prior to signing. As at the night or afternoon before, had a problem developed over the leasing of that land?…Well there wasn’t a problem but the thing is Jack said, draw up an agreement on it at Tripes and it is all legal sort of thing, which I had done but that was probably a month or so back. Well were there any problems about that lease on the night before, the afternoon or night before?…Well I don’t know because you are asking a question that involves a lot of things. Coming back to these pines and bit of land Jack suggested, I took as his word, it went from a 999 year lease on this land down to, oh you can pay me $2000 for it now and then down to instead of taking $2000 he’ll take the remainder of my deer. I’ve been breeding Fallow deer for eight years or more and I have been breeding some pretty coloured deer. The 20 unusual coloured deer I was going to keep, then this night before this incident, I said just prior to that I said, okay I’ll give you the 20 deer of my choice which I have a receipt for, for the pines and the lease. Jack said yea, okay then. This was the afternoon before?..The afternoon before, I said after picking up the material from down the road and having a general discussion, oh yea, what about this lease. He said, Oh there’s too many mistakes in it. I had already had it altered once before because he said that and I, if you don’t want to sign the lease I might as well take back the 20 deer of my choice. Jack said, and this is when he started getting irritated, I’ve sold those. Looking back over the last month or so when I have been there riding my horse, talking to him, going for a walk with him, hanging his gate, doing different things for him, it’s not a bad place to be, I still have to get my stock on there, he then turned around and said I have sold those deer. I said no you haven’t I saw them there today and I said I’ve still got a receipt for them. Then, that is how that incident arose over the signing of this lease. So can we now answer my question of was there a problem the night before about the lease?…I didn’t see it as any problem, it was just whether he gives back my 20 deer of my choice that I’ve got a receipt for or he wants to swap it for the pine trees on that block. Was there an argument?…There wasn’t an argument. There was not?…No. Up until then over the preceding month or so you had been up there riding quite happily with the Van Der Lubbes?…No I rode on my own.
But you were up there with them quite happily and you were up there riding on their property?…Yes. You’d been there for a meal?..Yes. You’d been up and collected some of your materials?…That’s right, some of the stuff from the house.
And your posts and everything on that afternoon you had all loaded up didn’t you?…No, no I’ve got truckloads of posts there. Everything had been relatively harmonious hadn’t it?…That’s right. There was no argument that afternoon?…No but Jack seemed a bit annoyed when I said I still had the receipt for the deer, the tempo changed in his voice, the tempo changed when he started questioning me about that I bought a property down the road. And did your tempo change?…No. And did you make any threats yourself that day?…No. Did you say that if you didn’t get the lease signed there would be drastic consequences?…No. I said if you don’t sign the thing within two weeks I’ll know you have been having me on. It had been dragging on for a couple of months. Did you say you would be taking drastic action?…No. You left there that night and everything apart from the change in tempo of Jack’s voice, everything was just as it had been over the previous month or so?…As I was there. It must have come as a complete shock to you the next morning to receive a trespass notice?…That is correct! Because there had been absolutely nothing that had happened to prompt it in your mind?…Not a thing. Not a thing. You hadn’t had an argument with Mrs. Van Der Lubbe?…No. So you received the trespass notice, she told you what it was and put it on the bench or desk?…She threw it. She threw it. And did you pick it up?…No, I didn’t I was getting an ear bashing. An ear bashing. And then did you say anything while the ear bashing was going on?…It was pretty hard to get a word in, but…You seem quite good at it, did you fail that day?…I said don’t be stupid, I said, I told Jack I’d be up in the morning to get the gear. I was dumbfounded. And you got out of bed, told her to get out. She was, it was hard to get a word in. You did get out of bed?…Eventually. Did you tell her to get out?…Did I? Yes. No the only time I told her to get out was when she was raving when I was walking down the path. And you were in your night attire at this stage?…Nightshirt. And you’re following Mrs. Van Der Lubbe down the path?…I was trying to explain I told Jack I was going to get up this morning. She’s heading to her car, which had been parked on the road?…Yea the car was along the road a little bit to the right, to the left. And as you walked past your ute, was the ute on the way, on the path where she was walking?…In the drive by the house. So did you have to walk past the ute?…Did I have to?…Yes. Yea I walked past the ute. Did she have to walk past the ute?…She had to walk past the ute.
And as she walked past it you picked up this steel bar from the back of the ute?…No. That sounds good, a steel bar, I told you before when she was barracking me I sort of looked around like this, you know I couldn’t shut her up and it was right beside where the ute and the corner of the house, there was a lady in there with a kid sleeping. This is what half past eight in the morning?…She can sleep as she likes I don’t question her sleeping. As I couldn’t stop her raving on, there is a bit of reinforcing that long, it could have been a feather, it could have been a newspaper. I just reached down and picked it up and said, piss off. So you waved it around but you didn’t mean anything by it and she wandered off to her car, got in and drove away?…I don’t know about wandered off she I don’t know. She carried on, got in the car and drove away. And that was when you picked up the rock and threw it at the car?…What rock? You deny doing that?…You asked me that once before. Somebody did. (McGillivray)There was no rock at all. Right fine. And was that when. There’s a concrete fireplace and a piece of lawn not any rocks though. Was that when you threatened to kill her and Jack and the family?…I’ve never done that in my life. Never done that in your life?…That’s right. So it didn’t happen on that occasion?…It never happened.
(Part of a statement made by Carole Smith.)

(Underlined. “Donald ended up by saying he would blow the whole family away. And that a threat had been made.”)
But you did know by that stage that you had been served with a trespass notice?…I went back to get changed and had a look at it. Well let’s come now to your arrival at the Makirikiri property. Yep. You arrive at the gate down off the Makirikiri Valley road and you can see the gates padlocked. Is that right?…Yea, which is unusual. You know by that stage that you’ve got a trespass notice ?…Yes I did. To me, to me we had a verbal agreement that I was supposed to go in the morning and get my stuff. Hadn’t Mrs. Van Der Lubbe told you at Willis St. to get one of your brothers to come up and get it?…No. You usually carry a firearm in your ute don’t you?…Oh sometimes yea. More often than not?…Oh I wouldn’t say that. Oh come Mr. Britton you usually carry in your ute don’t you?…Do you usually carry a saddle with you? I don’t usually carry a rifle in my ute, I’m living in town. Well on the day in question you drove to Mr. Knox’s place didn’t you?…Yea. And you left a firearm there?…That’s the one. Where did you get that firearm?…It was in my ute at the time but I don’t usually carry a firearm. But on that day it had been in your ute when you left the Willis St. property?…Yea it was that. And when you got to Mr. Knox’s you decided you would leave it there?…Correct. So clearly it had been in your ute at the time you got into it to leave the Willis St. property?…Yea it probably was yea. And you’re a keen hunting man its part of your life isn’t it, hunting and shooting and things?…What do you mean hunting and shooting and things. Deer hunting? You’ve got a number of firearms, you have had a number of firearms?…I’ve had one or two.
And you usually keep one in your ute don’t you?…I don’t usually keep one in my ute. You want to know why the rifle was in my ute? Because I got a spiker about a week before. Would you consider yourself a fairly volatile person?…What do you mean by that? Get angry and exited a bit?…Get exited. stand up for my rights more or less. So when you arrived at the property with the gate padlocked you decided that you would take, (a), no notice of the padlock, (b), no notice of the trespass notice served on you, and try and jemmy the gate off its hinges?…No that’s not exactly right, I expected Jack to be there and talk to Jack, and out of the blue came Sandra around with the errand. Well you did jemmy the gate off its hinges?…I levered it off. I had to get my gear it was fairly crucial. I was just moving out of the shed into a house in Ikitara Rd. Jack asked me could they use my table and chairs and they didn’t have any. And get some of my gear. So you did leaver the gate off its hinges?…Yea I levered it off its hinges. And you did drive up the driveway?…Yea that’s right. And just where a bouts was it again by reference to photograph 9 that your vehicle was when you first heard the bang?…About along to this corner where the piles are stacked. Where those piles are stacked. The white things shown on the left hand side are piles, right?…So that’s approximately where the vehicle was when the first shot was fired?…Yea, I was just about to navigate that corner. And the second shot, where was the vehicle when it stalled, shot and stalled?…It would have been um, as you can see from that corner facing the house. And is the house directly behind the photographer?..Is the house directly behind the photographer?…Yea more or less. So was the second shot was once you had rounded the corner and were facing directly up to about the position of the photographer?…I don’t know, it was directly in line with Jack, he was at the end of this fence, it runs to a big Macrocapa tree to the right. It must have been out to the right. Well you’d rounded the corner?…Yea. Had you said anything to him at that stage?…I actually hadn’t spoken. Well when you did stop, did you get out of the vehicle?…When it stopped I stuck my head out the vehicle and said, you idiot I’ve come up to get some of my gear. When was it that you said, I’ll shoot you in the head with my triple two?…Oh I didn’t say anything like that. What about I’ll put a bullet in your head from my triple two?…No there was nothing like that even said. Was Mr. Van Der Lubbe telling you to fuck off get off the property?…I, I, what happened was when I said that…When you said what?…When I said, you idiot I’ve only come up to get some gear as I climbed out the vehicle I said why don’t you shoot me in the head. I thought he was clowning around. And did you threaten him at all at that stage?…No way. But you’re saying he threatened you?…Threaten me; he shot at me.
Verbally did he threaten you as well?…He was yelling all sorts of guff when I got out of the vehicle but I turned my back on him. And did Mr. Knox get out of the vehicle?…Not straight away, I think he was too scared to. But did he?…Eventually? Up the top there before you went back down, did Mr. Knox get out of the vehicle?…I told you that before, he found the bullet hole. Did you do a bit of a dance around your vehicle saying, I’ve got you know, you’ve made a fatal mistake?…No, no, I said, you idiot you shot my ute, you shot my ute. You didn’t say I’ve got you now you’ve shot my ute?…No, you idiot you shot my ute. I might have said you idiot you’ve done it now shooting my ute. And then you backed down the drive?…Yep. Sort of freewheeling were you?…Yes the motor wouldn’t run. And out of the gate with the vehicle ending up as its shown on photograph one, is that right?…No, no I pushed it there. When you took the gate off its hinges, which way did you swing it on the chain in or out?…Say that again. When you took the gate off its hinges which way did you swing it, did you take it into the property?…Into the property I lifted it up and carried it in. Carried it in. Yes thank you Mr. Britton.”

(67 lies in that lot. How things have changed, the first time he was required to plead back in 1969 he said “guilty” because he thought that he would be committing perjury if he pled not guilty.)
A series of lies designed to mislead the jury into coming to the wrong verdict. Perjury and attempting to pervert the course of justice. The police are only interested in perjury if it suits their current agenda.
Thomas Leonard Knox.
That is my full name. I currently reside in Wanganui. On the morning of Tuesday 19 May of this year Donald Britton came to my place and at the time he was driving a red Subaru ute. He asked me to help him get some of his property from his old farm. The current owners of his old farm are the Van Der Lubbes. Before we left our place Mr. Britton left some of his property behind. That was a rifle and a sleeping bag. On route to the farm property he said he had a trespass order given to him that morning. When we got to the property, Donald got out and lifted the gate off the hinges. Once Donald had taken the gate off the hinges we started moving up the drive and got to the second bend and a shot hit the side of the vehicle. Looking at photo 9 the bend, which has the white piles on the left hand side, is the bend we got to when the shot was fired. That shot hit the vehicle directly behind the left side of the passengers side where I was sitting and I said to Donald we had been shot at and he said it was only a warning shot (why) and I said like hell and we carried on moving and the second shot came through the front of the wagon. Looking at photo 3 just after the tray cover is the hole of the first bullet and looking at photo 2 shows where the second bullet struck. When the bullet struck the vehicle died and wouldn’t go and Donald got out to check it and told me to get out of the truck and see what had been done and I said no way and I was frightened I was going to be shot at again.
And when I got out I lifted the bonnet and the bullet had broken the throttle cable and the vehicle would not start. Mr. Van Der Lubbe fired the shots. When the shot was fired he was outside the house and the vehicle was 60 to 80 yards away. When Mr. Britton got out of the vehicle he said he wanted to pick up his table and longdrop and Mr. Van Der Lubbe kept on nutting off to get off the property and told Donald to get his scummy (I said criminal) mate off the property as well, he was referring to me and at that time I was still sitting in the wagon. There were no threats that I can remember made on Mr. Van Der Lubbe by Mr. Britton. After we found the vehicle wouldn’t start again I said to Donald to get back in the ute and we got back down to the road and went to a neighbouring address to ring the police. I have stayed on the property with Donald before he moved off.
Cross-examination by Mr. Brosnahan.
Mr. Knox weren’t you there a few days earlier with Mr. Britton and another person?…(Fireman, John Massey) We were not on the property, we were on the road. Have you known Mr. Britton a long time?…About two and a half years. You’ve seen him get exited and angry when things don’t go his way ?…Its just like anybody, if nothing goes my way I’d get nasty too. I generally try to calm myself down. You have a history of violence?…Only once, which I will say I was sentenced for. Donald Britton can certainly get pretty angry and pretty exited can’t he?…Yes, sometimes. Sufficient to cause you some fear if it was directed towards you?…I’d just walk away. Britton didn’t tell you until you were nearly at the property that he had been served with a trespass notice that day?…We were half way up the River Road, going up towards Upok when he told me. When you looked up and saw Mr. Van Der Lubbe that was after the first shot was it?…Right. Wasn’t he by the railings out beside his house at that stage?…No, it was not until the second shot was fired that he moved to the railings. I will show you something, you made a statement to the police that day?…Yes. Have a look at the document now shown to you. Firstly have a look at this document, look at page 4, the signature on page 4….Yes. Is each page initialled by you?…Yes. Please have a look at the bottom of page 2 about four lines up from the bottom, I’ll read it, “I hadn’t seen Van Der Lubbe at that stage but then I heard a shot and heard it hit the vehicle. I looked up and saw Van Der Lubbe with a rifle by the railings outside his house.” Page 3 I said to Donald lets bugger off and get out of it. Donald said he won’t shoot us again and that’s when the second shot went off.
By now the car was facing towards Van Der Lubbe, see that?…Yes. Does that not show that when you first saw Mr. Van Der Lubbe after the first shot was fired he was standing by the railings outside his house?…He wasn’t quite by the railings, he was making his way to the railings. Wasn’t it after the first shot that you first saw Mr. Van Der Lubbe?..Yes. Didn’t your statement taken almost immediately afterwards say, “I looked up and saw Van Der Lubbe by the railings outside his house after the first shot, wasn’t that when you first saw him?…That’s the first time I saw him. That’s the first time I saw him, wasn’t he by the railings, is that when you first saw him?…When I looked up and saw him he was standing nearest the rail and when the second shot fired he got into a crouched position by the railing then. He was by the railing on both times but one time you saw him standing and the next time crouched down?…Yes. But he was standing by the railings?…Yes. After the second shot there was an exchange between Van Der Lubbe and Britton wasn’t there?…Yes. That was when you heard Van Der Lubbe say, fuck off the property or I’ll shoot the wagon up?…Yes. You heard the exchange between Mr. Van Der Lubbe and Britton?…Yes.
Cross-examination by Mr. Brosnahan.
Brent Stuart Gray.
That is my full name. I am a Police Constable.
Were you monitoring the emergency calls on 19 May?…Correct. Is there a tape that runs or records all of those calls?…Correct. Is that done so there is a permanent record of calls on the 111 frequency?…Correct. To your knowledge was there a tape running on the day Mr. Van Der Lubbe rang you?…I assume there would have been. It would be fair to say you received a call from a person who identified himself as Mr. Van Der Lubbe who was extremely agitated and upset?…Yes. Very clearly seeking assistance from you for something worrying him?…Yes he was in a disturbed state. He was plainly ringing you for help?…Yes. At the time he rang you did hear him say that Donald Britton was breaking into his property?…Yes. He had rung you before Britton had actually got on the property when he was at the stage, according to the caller, breaking in?…Can I confer to my notes. Do you have any recollection independent of your notes?…The call came through and Mr. Van Der Lubbe was saying that Donald Britton is coming into my place. He has a gun, and he was virtually stuck on those words, he is coming to get me, he has a gun. He also said he is breaking in?…As the call got into more depth, he said, he did say, he is taking the gate off the hinges.
Did you dictate shortly after this incident to a typist your recollection of the call that you had?…Directly after. When you dictated that didn’t you say that the person was saying, Britton was coming into his property to break in?…I did say that. Isn’t it clear from that Constable that Mr. Van Der Lubbe was calling you and saying Britton was in the process or about to break into the property, that’s what your wording was?…That is what it says. Later on it says how he was breaking in by jemmying the gate off its hinges, right?…Yes. He told you that Britton had that morning threatened to kill his wife?…I don’t recall hearing that. Read your transcript….Yes. It was clear to you that the person on the phone to you felt desperately concerned his life was in danger didn’t he?…Yes That’s what he kept conveying to you wasn’t it?…Yes. Do you recall him saying, how can I defend myself, recall that?…He said I’m going to have to defend myself. To the best of my knowledge I can’t remember him saying, how can I defend myself. I recall him saying, I am going to have to defend myself, he said it a few times. He repeated it a few times and the phone just went dead. Do you accept the transcript is a paraphrasing of what occurred on the phone call which lasted from 9.07 and if you went straight after you hung up to do the log it must have finished at 10.09. Go to your own notes which will show the call coming in at 9.07?…Yes. You said as soon as you hung up you went to the typist and dictated the transcript and your notes say it is 10.09?…She was in the Control Room. You confirm you do recall him saying, I’m going to have to defend myself?..I do recall that. He told you before his threat to kill his wife had been made by Britton that morning?…Yes, reading this, yes. Then he came back after the silence and said that he had fired two shots?…Yes. (”Everything is OK now.”) And that Britton had threatened to kill him Van Der Lubbe with a 222?…Correct. So it was very obvious to you Constable that the caller was fearing for his life?…Yes. Was desperate as to what he could do to protect himself?…Yes. And was telling you as his lifeline as it was that he had to defend himself, that’s what he said to you?…Apparently so. And that it was clear Constable that although the person had rung the police for assistance, there was nothing the police could do in the timeframe that existed to help him was there?…Correct.

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12 The Trial

Posted in Bent Cops by Jack on 21/08/2006

BENTCOPSLOGO_02

Legal status of self defense

In most jurisdictions, when the defense succeeds, it operates as a complete justification when the degree of violence used is comparable or proportionate to the threat faced, so deadly force should only be used in situations of “extreme” danger. The defense would fail if a defendant deliberately killed a petty thief who did not appear to be a physical threat. Likewise, when an assailant ceases to be a threat (say, being tackled and restrained), the defense will fail if the defending party presses on to attack. A somewhat less obvious application of this rule is that admitting the use of deadly force in an attempt to disable rather than kill the assailant can be construed as evidence that the defendant wasn’t yet in enough danger to justify lethal force in the first place. Sometimes there is a duty to retreat which makes the defense problematic when applied to abusive relationships (see battered woman syndrome and abuse defense), and in burglary situations given the so-called castle exception (see: Edward Coke) which argues that one cannot be expected to retreat from one’s own home, namely, “a man’s house is his castle, et domus sua cuique est tutissimum refugium” i.e. Latin for “and each man’s home is his safest refuge”). However, if one is “challenged” in a bar for a fight, accepting such challenge, instead of walking away, generally will not constitute a self defense.
In some countries, the concept of “pre-emptive” self defense is limited by a requirement that the threat be imminent. Thus, lawful “pre-emptive” self defense is simply the act of landing the first-blow in a situation that has reached a point of no hope for de-escalation or escape. Many self-defense instructors and experts believe that if the situation is so clear-cut as to feel certain violence is unavoidable, the defender has a much better chance of surviving by landing the first blow (sucker punch) and gaining the immediate upper hand to quickly stop the risk to their person.
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The Queen v Jacobus Johannes Nicolaas Van Der Lubbe

(Discharging a firearm in a manner likely to endanger the safety of others.)

2/11/1992

Donald Peter Britton (sworn)
My full name is Donald Peter Britton. I am not doing demolition at the moment but I reside in Wanganui. Earlier this year I owned a property up the Makirikiri Valley. I sold that property to the accused in this trial Mr. Van Der Lubbe, after a fashion. Possession of that property changed hands earlier this year. After that property changed hands I left some equipment and personal property at the farm, it was already there. My arrangement with Mr. Van Der Lubbe concerning that property was we had a verbal agreement and Jack said if I signed the property over I could keep my gear there till I found somewhere to put it and I could have a table and chairs and things like that and 20 deer I had to keep there, plus horses and sheep. I had taken what I could take and stored it in a garage where I was having to sleep. I was intending when I found some place to buy to take the remaining property but up until then it was all right. At the time the property was sold my relationship with Mr. Van Der Lubbe was that he had bought the property such as I had to sign it or go to Court. He started talking to a tenant in my house in town to negotiate it. On the evening of May 18 when I visited the property, that’s the day before he shot my wagon, I went up to get a posthole rammer, a spade, some posts and wire strainers. I asked Jack if what he had said originally about a lease on some land, on part of the land was he going to sign it and if not then I would take my 20 remaining deer back. I had a herd of deer, I had bread over a period of time with some colourful deer which I kept a receipt for. When I said, are you going to sign this agreement or I’ll take the deer back, Jack said, no, no I’ve sold those and I said no you haven’t I just saw them. I said, “are you going to sign this piece of land with the pine trees on it and he said no I don’t think I will. So I said, well I might as well take the deer back since I have a receipt. He seemed pretty agitated and I said to him it didn’t really matter if you go back on your word about signing the lease because I’ve just acquired a piece of land down the road which I’ve got a receipt for here. (”I made sure I bought a place in the Valley.”) After that it was getting latish by then and I said, I’ll be up in the morning to get some of my gear. Mr. Van Der Lubbes reaction was I didn’t think anything of it; he didn’t really have a reaction. He seemed annoyed about me having a receipt for the deer and he seemed annoyed that I’d bought land down the road because I then had somewhere to put my gear. I then drove away. On the next day in the morning I was asleep in the garage, that is at Willis St. in Wanganui. I was asleep in the garage because I had nowhere to go. There is a house on the property, it is my house, but I rented it out. I sleep with the door open and Sandra Van Der Lubbe burst in. Sandra Van Der Lubbe is Jack Van Der Lubbes wife. She walked through the door and threw a piece of paper on the bench above my headboard or the head of the bed. She said this is a trespass notice.
She said you are not to come onto our property. I said, what do you think you are coming at, I told Jack I’d be up this morning to pick up some of my gear. She started to abuse me. In response to that, I was still laying in bed and I didn’t like to jump out of bed because I had my nightshirt up around my neck. She abused me and called me lazy and goodness knows what and I finally managed to get out of bed and tried explaining to her that I’d told Jack I was going to get the gear that day but I’m convinced she was trying to provoke me. There was ra ra ra from Mrs. Van Der Lubbe and it was like talking to a brick wall. I was getting nowhere and couldn’t get a word in so as she was going down the drive, she was walking down the drive, I was still trying to explain that I wanted to get my gear today as she knew and all I received was more insults so finally as I walked past the ute, there was sitting on the back of the ute a piece of reinforcing, bent on one end about this long that I used to run through to trap deer, a trip wire, and I picked it up and told her to piss off. She was probably about 8 or 10 feet away from me then. Nothing happened then. When I went out there I think she had the two boys sitting in the car and they were just sitting there watching. From there I yelled out to Carole, the lady I rent the house to. At this stage Mrs. Van Der Lubbe was walking to the car. I then went over towards the house and yelled out to Carole. I walked towards the house and went back around and got changed out of my nightshirt. I got dressed and went to get a friend to give me a hand to get some of my gear. (He needed a witness) This friend was Tom Knox. I wanted him to give me a hand because he wasn’t doing anything and he had stayed on my property with me before and had been up there with me a week before to get a spiker. A spiker is an 18-month-old male Fallow deer. I used my Subaru. Sandra Van Der Lubbe arrived at probably around 8 or 8.30 I didn’t take much notice of the time. I don’t know really. It could have been anytime really. When I went down to pick up Mr. Knox I took a sleeping bag out of the ute and my .22 rifle. I left the sleeping bag and rifle at Bignell St. where Tom was staying. I took my rifle out of the car because Tom would want to sit down, its only a two seater, plus after the way Sandra came into the shed I thought maybe there must be something up, you know, it wasn’t normal. (He kept the rifle on the sleeping bag on the floor behind the seat.)
By removing the rifle, I think Jack is likely to conjure up things. As a result of leaving my rifle at home, I didn’t think anything would happen. After I picked Mr. Knox up I told him I’m going to get some of my gear and I’ll need a lift. I just drove up to Upok. When I arrived there I looked up at the house and there appeared to be no one home so I walked towards the gate to see if it was open or locked in any way because it had a chain on it. The gate is about a hundred or so yards from the house. I walked up and looked at it and there was a padlock on and it was locked and I thought darn it. I looked up at the house and thought there can’t be anybody home so I looked around and there was a six by one board lying near the gate. I stuck the board under the dog side of the gate and tried to lever the gate off the hinges. The board broke and just at that time I was going to throw it over the top and I threw it over a tree and it broke, and a Yellow Mazda truck went past and I looked to see who it was because they’d probably wonder what I was doing. The guy in the truck was about fifty, I think. (Irrelevant detail to make it sound true.) So I then climbed the gate and picked up a piece of 8 by 2 and stuck it under the hinge. I lifted the gate off the hinges and I knew I would be able to get it off eventually because I hung the gate for Jack about 3 weeks before as a favour. I had told Jack that night, which was probably 12 hours previous that I would be up in the morning to get my gear, and I needed my gear because I had only just signed for that piece of land down the road that same day, the 18th plus I needed my table and chairs. We had a verbal agreement that I could keep my gear as long as I wished until I had found somewhere to put it. I then lifted the gate off the hinges. Mr. Knox was sitting in the ute at this stage. I then lifted the gate wide open and checked to see if any deer were handy to the gate. I hoped back in the ute and started to drive up the drive. I got halfway up the drive onto the corner that swings round to the left then I heard the sound of a gunshot and it sounded like it boomed on the roof. I knew it hadn’t hit the roof but it sounded like it had gone over the roof. I didn’t know where it came from because it took about ten minutes to get the gate off the hinges and up to this stage I had thought no one was home so I though it was Jack just being a clown. Tom said, fuck he’s shooting at us. I said, don’t worry about it; he’s probably just clowning. As I swung around the corner there was another shot and I felt a jar on my feet, like a vibration through my feet. I actually thought it hit the road just under the ute and the ute stopped. I thought I had stalled it. I stuck my head out the window and I said, why don’t you shoot me in the head. I only came to get some of my gear. While this was happening Mr. Van Der Lubbe appeared from nowhere. In relation to this, after the first shot, as I was driving up the drive on the corner, the house is up on a rise to the right and I took my eyes off the road for a second and Jack was about 12 feet away from the gatepost, from the post at the end of a rail fence and I looked back at the road again because I was trying to navigate the track. Mr. Van Der Lubbe was about halfway between here and the back of the room from the house about 20 or 30 feet maybe, 40 feet. The corner of the house is about that far from the edge of the bank. Mr. Van Der Lubbe was about 50 yards away from the vehicle, I think, round about that. When I first saw Mr. Van Der Lubbe he was just there with a gun. After the 2nd shot he moved towards the post to get a lean. That is to get a more accurate shot. (Had he got his rifle out he would have got the bullet.) I wound the car over a couple more times; I thought I had stalled it. As I got out of the ute, I was going to hop out of the ute and open the bonnet to see what stalled it and that’s when Jack was moving over the to the post to get a lean. He was aiming the gun at me and yelling, ranting and raving gibberish, moving towards the post to get a lean on the post. I heard him say I’ll kill you, or something like that because that was recognisable and the rest wasn’t worrying to me too much. I was wandering why the ute had stopped. In the flurry of words I heard him say something about Tom. I then turned my back on him. I was more concerned about why the ute had stopped. At this stage I didn’t know he had hit the wagon. Tom was sitting in the car. I lifted the bonnet of the ute and tried to find out why I’d stalled it. I was looking under the bonnet and by then Tom hopped out and came round the front of the car to see why I’d stopped too and Tom spotted a bullet hole through the bonnet into the motor. He picked it up first. He said, fuck he’s going to kill us. I felt pretty uneasy then with my back facing him because he had a gun pointing at me. At this stage he was ranting and raving. It happened fairly fast and I just sort of more had the feeling I got in the back of my back and head because I’d just told him to shoot me in the head. I thought it was probably better to turn around and face the guy and say you idiot, shooting my wagon. That is what I said to him. I think I said, you’ve done it now, shooting my ute. I might have said to him I want my table and chairs. (Nutter.) I got back in the ute. I let it coast back down to the bottom, it was uphill all the way up that road, so I let it coast back downhill and back through the gate. I put the gate back on the hinges. The accused disappeared again at that stage I think. I wasn’t watching him after that; I was trying to navigate the ute. I put the gate back on the hinges and started walking back up the road towards James’ well to Mike O’Keefe’s. I got about 30 feet from the gate, as I started to walk up the road I threw the big plank in the drain that runs into the creek because I grabbed some watercress. I then went on to ring up the police. I rang the police. I probably only got 100 yards up the road from the gate and Alan James picked me and Tom up. He drove us up to Mike O’Keefe’s place and Mike O’Keefe was down at the bottom at the cattle yards and he said, sure, go and use the phone. I didn’t look at the time, from the shooting it would probably take about 10 minutes maybe, a quarter of an hour. I don’t really know. I have been using firearms since I was twelve and I would use them all the time. I have been shooting with Mr. Van Der Lubbe. He used to come along with my stepbrother and myself. We were poaching deer. (1969/70 haven’t done it since.) I saw Mr. Van Der Lubbe shooting occasionally. He’s not too good a shot when he’s exited. Anyone that misses a Sambur at 50 yards side on isn’t the best. (The evil bastard is trying to assert that it was only because I’m a supposed bum shot that I missed him.) After I rang the police, they towed my vehicle away. I walked back down the road and I think I could see it from v day cars. (That’s how it’s written in the Court record.) I inspected it about a day later, I’m not sure. I found two holes in it but I knew the second hole was in it because Tom saw it when he got back into the ute. That was the first shot actually, and it was just behind Tom’s door.
Cross-examination by Mr. Brosnahan.
Mr. Britton, after you had levered the locked gate off the hinges you drove up the drive towards the house?…Towards the house, yes. How far up the drive did you get before you heard the first noise?…Just prior to the corner, 50 yards. So by that time you had travelled the distance from the roadway up to that point in the vehicle?…Yes about 50 yards. (Witness shown booklet of photos exhibited by consent to be produced as exhibit 1.) Photo 1, is that a view from the road up to the house that you are talking about?…It is. In that photo, can you point to the position that the vehicle was in when you heard the first noise?…Yes it was heading towards the first corner (witness indicates on photo slightly to the right of the house in the picture up the drive where it disappears into the hill). You are pointing to a spot between the roof of the ute and the house where that looks to be shellrock on the bank of the drive?…Yes it is shown better on photo 9, just about opposite those piles when I heard the first noise. Are the piles you are referring to on the left of the apex of the corner?…That would be it. So by the time you had travelled the distance from the roadway up to that point in the vehicle?…Yes about 50 yards. Having spent some 10 minutes or so jemmying or levering the gate off at the bottom?…Yes I said I used two boards.
The second shot and where the vehicle stopped is that shown on photo 9?…The bonnet wouldn’t have been that far away from where the road disappears into the hill. The vehicle would have been continuing around that road and facing towards the photographer?…The railing goes another 20 or 30 feet. Jack was at the end of the railing, just past the railing to start with. We are trying to ascertain where the vehicle was at the time of the 2nd shot?…The front of it would have been just up under the bank a bit heading towards where Jack would had been just past the post. Would that mean you would have travelled another 10 to 20 meters?…Not that far, it happened fairly quick. Would you have travelled another 5 to 10 meters?…From here to the wall at most. And at that stage the vehicle stopped?..Yes. And you had seen Mr. Van Der Lubbe at the railing up by the house?…Forwards of the house. And he was yelling at you you say, telling you to piss off?…No, no, I don’t recall him saying piss off. Did you at any stage threaten to shoot him with a 222?…No. Do you own a 222?…I own a 222. But you made no threats to him?…No. You don’t recall him telling you to piss off and get off the property?…After the shooting and amongst me getting out of the car he was saying something to Tom but other than that I was concerned with what was happening with my vehicle and I wondered why it had stopped. I didn’t know he had hit the vehicle. And at that stage, after you were out of the vehicle, is that when you say he moved towards the post to get a lean?…As I was getting out of the vehicle he started moving to the post?…And you went round the front of the vehicle in clear view of him?…Yes I didn’t know he had hit the car. And then you got back into the car and freewheeled back down the drive to the road?…After I said to him, you idiot, you’ve done it now shooting my wagon. Were you dancing around at that stage saying, I’ve got you?…Don’t be silly. Is that no?…That is no. And you freewheeled back down the drive?…Yes. And got out at the bottom and put the gate back on its hinges?…Yes after I had pushed it off the road a bit after freewheeling down. That is the vehicle you are speaking about is it?…Yes. And you put the gate back on the hinges?…Yes. When you had taken the gate off its hinges, the gate shown in photo 1, isn’t it?…Yes. Did you carry the gate in towards the property or out towards the location?…Into the property. When you freewheeled down the drive in your vehicle, it wouldn’t have ended up where it is shown in that photo would it?…No it didn’t. You have pushed it into that position haven’t you?…The drive is on an angle and I came down like this and I shoved the vehicle off the road a bit. So you pushed and manoeuvred the vehicle into the position shown in that photo?…That is where I pushed it to. I wasn’t going to push it back to Wanganui. Mr. Britton I suggest that you manoeuvred the vehicle into the position shown in photo 1 so you could later tell the police that the vehicle had been shot at while you were still on the road and you hadn’t gone into Mr. Van Der Lubbe’s property at all?…You can suggest what you like. Is that true?…Not really I wanted to get it off the road actually. Wouldn’t it have been easier to have left the vehicle on the run in from the road to the gate if you wanted it off the road?…No that is no good. Because you wouldn’t be able to suggest the bullet holes had been occasioned from that position would you?…I think you have got it wrong, I told you what happened. Shortly after the police arrived you were interviewed by members of the police weren’t you?…Yes I was. At that time you told them the shots had been fired while you were stopped down at the gate on the road didn’t you?…I was going to for awhile. You did didn’t you?…I had been se set there all right. You were set up?…With a trespass notice when we had a verbal agreement. Mr. Britton, when you were interviewed by the police shortly after this incident you told them the shots were fired while you were still on the road and you hadn’t gone into the property didn’t you?…I probably did. Is there some doubt in your mind?…You read through the thing and see. You told them that you had seen Mr. Van Der Lubbe up at the house while you were on the road?…I lied.
(This is how his first statement read. “We got to the road gate. I got out of the Subaru. Tom was still in the truck. Jack came out from the house, wait on that was after he had fired the first two shots. So we got to the road gate. We had only been there for seconds. A gunshot hit the truck just behind Tom’s door. There was a second shot I felt it jar on my feet. The truck stopped running. I got out and yelled to him to open the fucken gate. “I want to get my gear.” I was shaking the gate. I turned round and noticed the bullet hole in the bonnet. To start with we didn’t know the bullets had hit the truck. Cause when we first came round Tom had said he fired at us. I thought he was too gutless to shoot at us. When I was shaking the gate I said, “you useless cunt why don’t you shoot at me”. I didn’t realise that at this stage he had been shooting at us. I thought he was firing warning shots. He was ranting and raving. He was saying fuck off, he would shoot me. At that stage he was aiming the rifle at me. I was wondering if he would pull the trigger or not. I went back to the truck and tried to start it, it wouldn’t go.)
And that is why you parked it the way you did?…I had to freewheel backwards, when the motor doesn’t run you have no brakes and I had to swing back around up the valley or I’d be the wrong way around to shift my vehicle off the road so I pushed it as best I could. But when you first spoke to the police you told them that you were standing shaking the gate yelling at Mr. Van Der Lubbe to open the fucking gate?…It never happened. You gave them a whole string of lies didn’t you?…Don’t go on pal, you are making a lot of guff up. It is quit simple, in the morning out of the blue I get a trespass notice thrown at me; this is when it dawned on me that maybe on paper I had trespassed. Up until that morning I had a verbal agreement to keep my gear there as long as I liked because I had nowhere to put it and that is why Jack agreed to that so I signed my property to him. And when you spoke to the police that morning you told them a whole string of lies?…No it wasn’t, I felt I had been unjustly let down over my gear and the trespass thing when we had a verbal agreement. That was a mistake I admit but because I was set up for trespass which I didn’t think was a real issue. So you were there to get your gear Mr. Britton?…That is dead right. The night before you had signed up for some property?…That is right, the day before. I had been negotiating prior to the signing up. And you signed up the day before on the 18th isn’t that what you told us this morning?…I think so. And you were going to take possession of the property you had signed up the day before straight away?…I was would you like a receipt?
And that property was up the road was it?…No, down the road. It had a house on it an old dwelling. A house?…An old house. That you were going to live in?…No I would shift a house there. I just wanted somewhere to store my gear at the start. The house was derelict and falling down?…What has that got to do with it? It was derelict?…If you say so. So all that changed in your living arrangements was that you had signed up for this property down the road with a derelict house on it, is that correct?…No it isn’t actually, so rephrase it or something. I understood your evidence to be that the reason you wanted all your gear was because you had signed up for the property down the road?…That is right but that’s not what the table and chair was for, because I had just bought a house in Ikitara road as well. So the table and chairs were for Ikitara road?…Correct. But all the other items you urgently wanted that morning were for the property down the road?…It was fencing gear, the place isn’t fenced. I have untold stuff you accumulate when you have land still sitting at Jacks which we had a verbal agreement on. And it was so urgent that you get this gear that you that you were prepared to ignore the trespass notice given to you?…To me I didn’t really believe that as such. You were prepared to?..Remember that evening I said to Jack I’d be up to get my gear for Christie’s place. And you decided to ignore the trespass notice you had been given?…I didn’t take it as a legitimate trespass notice for a start. (Why lie about going onto the property then?) And you were prepared to ignore the locked gate and jemmy it off its hinges?…We had a verbal agreement and the last I had spoken to Jack was I’ll be up tomorrow. And you were prepared to ignore the locked gate and jemmy it off its hinges?…The last time I spoke to Jack was to get my gear right, we had a verbal agreement and to me there was nobody home when I got there and Jack could have been in town with his wife for all I know. You had been upset, depressed and concerned over the sale of this farm for some time hadn’t you?…I felt a bit done in the eye but what are you getting at? You had signed up for the sale of the farm with Mrs. Van Der Lubbe in October last year?…I never saw Mrs. Van Der Lubbe, Jack and his father came up and brought the contract with him and a typewriter. The contract was with Mrs. Van Der Lubbe?…No the morning that happened Jack rung up and said, I’ll come up about buying this land and I said, leave it for a few days. Was the contract…You asked me a question, he said, no strike while the irons hot and brought down his father and a typewriter and the contract but not Mrs. Van Der Lubbe. The contract was between you and Mrs. Van Der Lubbe wasn’t it?…I didn’t realise that until they had gone. Anyway the contract was signed in about October?…Whenever it was signed, I didn’t take much notice. Due to be settled in December?…Probably. You refused?…I tried talking to Jack. You refused?..I tried talking to Jack about it. Did you refuse to settle when it was due for settlement?…I think I consulted a lawyer. Mr. Britton, did you refuse to settle the contract when it was due for settlement?…I probably refused. Proceeding was issued against you in the High Court?…Yes. You got angry about it?…No I didn’t get angry at all about it. Just before they were due for a hearing, after you had taken advise…. I’d taken advise for quit awhile. And you agreed to settle?…I was forced to settle. But you did?…I would have been sued $60,000 out of the blue for nothing. But you were angry over the whole situation weren’t you?…Disappointed, I had known Jack for 30 years. You were very depressed?…I was disappointed. And threatened suicide?…Talked about mood swings when sometimes you wanted to kill someone and sometimes talked about suicide?…Where do you get it from? I am asking, did you do that?…No. Anyway things settled down didn’t they, you passed over the land and you got paid?…I was forced to sign and I signed on the last date or go to Court. And you got paid and handed over the land eventually?…It isn’t all that simple; Jack took in part of the contract after he went. Did you settle and get paid?…Either that or go to Court. Did you?…I had no way out, all right. So did you?…Yes I was forced to do it. And after that things settled down for a while didn’t they between you and the Van Der Lubbes?…How do you mean? You were up there riding around the property?…Nothing had changed, we had a verbal agreement that if I signed the agreement he would give me a piece of land and I can stay on the piece of land and he knew that I liked the land and if I had nowhere to take my deer he would buy the deer off me, I wanted to keep 20 of them. It was verbal. I have known Jack for 20 years and this was verbal. The same as I verbally kept my gear there. He asked me verbally, could he use my table and chairs in the house. Did things settle down between you and the Van Der Lubbes and you used to ride your horse and have a meal?…Things had been pretty well the same. But there was a blow up between you and the Van Der Lubbes the night before?…There was no blow-up. There was a disagreement over the lease?…There was a disagreement in respect he decided not to sign it after I altered it twice. Were you happy about that?…Either I took back the 20 deer of my choice which I had a receipt for or he goes ahead and honours his verbal agreement. Did you say, either sign this lease or I’ll take drastic action?…Don’t be stupid. Did you tell him you had a mate who had served two terms in Vietnam?…I don’t have any mates who have served in Vietnam. Who have killed people and wouldn’t mind doing it again?…Surely he hasn’t been feeding you this? Note 5 lines down.

You told him before you left on the 18th that you had the barrel of your rifle fixed?…I don’t think so, I might have at some stage right my gun was shooting straight because I got a spiker but you can’t take that out of context. So you deny any sort of threats being made to him on the night of the 18th?…That is dead right. Well the trespass notice must have been a real surprise to you?..It was. I couldn’t understand it and that was why I was trying to argue with Mrs. Van Der Lubbe. I thought it was a crazy thing to do. And were you upset when she gave you that?…I couldn’t understand it or work it out.
Were you angry?…I didn’t know what to think; it was out of the blue. Were you angry when she gave you that?…After her barracking me, and I couldn’t get through to her, I said, look I’m coming to get my stuff today. I told Jack last night and she abused me more and then I felt angry and pissed off that she would insult me yelling and screaming outside the house where the lady was asleep. And you were angry by that stage?…I wasn’t really sure what to think, I was disappointed and didn’t believe what she had served on to me to being genuine. You were angry?…I was pissed off. And that is when you picked up the steel bar?..Yes, because she was harassing me and trying to provoke me. No one would normally come and serve you something and it wasn’t done in the normal manner. You picked up the steel bar at that stage?…A piece of reinforcing and told her to piss of. I was on my property. And you waved it at her?…Yes and said piss off. And threatened to kill her?…Don’t be stupid, I never said that. And as she got into the car to drive away you picked up a rock and threw it at the car?…No I didn’t. So you went and got changed at that stage is that right?…I tried to yell out to Carole in the house. But she was asleep?…That is right, why do you think I yelled? You went and got changed and went straight to Tom Knox’s place?…I think I grabbed the paper and had a quick look through it and handed it to Carole. And then drove to Tom Knox’s place?…Yes. Would that have been within 5 minutes of Mrs. Van Der Lubbe leaving the Willis Street property?…I don’t know how long it took me to get dressed, it probably could be. You did it straight away didn’t you, after you had been served with the notice?…I gave it to Carole. Within minutes, it wouldn’t have been an hour?…Of course it was within minutes. And when you got there you took a rifle that you usually carry in your vehicle out?…I don’t usually carry a rifle in my car, no. Do you frequently carry a rifle around with you?…No, just prior to this I had 20 remaining deer of my choice, hinds, 6 stags to do what I liked with such as for my freezer or to breed with and I shot one up at Jacks with Tom for some meat. The gun wasn’t exactly shooting precise because where I aimed at this young stag it didn’t hit so I went a few days later to a spot for a hunt and knocked over a spiker, that is when I told Jack I had the end of the barrel re-crowned and it was shooting okay. That is the reason I had the gun in my car at that stage. How long had that been before this day?…Probably a couple of days, it was just behind the two seats in the ute. Is that where you kept it?…It is not where I kept it; it is where I had it at the time. Behind the two seats?…When I went hunting. On that day is that is that where it had been, behind the two seats?…Buggered if I know, it probably was, I took it out anyway and the sleeping bag was on the seat. It would fit behind the two seats wouldn’t it?…Of course it does.
That is where you keep it isn’t it?…No, it’s not where I keep it. You certainly didn’t have to take it out so Mr. Knox could sit in the car?…I just emptied my ute out, all right. Did you have it with you in the ute the previous night?…Of course I did. That is the night you had been at Van Der Lubbes the night before?…So what are you getting at, I told you I wouldn’t take it out if it wasn’t there. I would like you to have a look at this piece of paper…What about it? Is that your writing?…I don’t think so; you can compare it with my writing here. There was a heap of these left in the house when I moved out. It’s not your writing?…Nothing like it. No reason for it to have been in your ute?…Give me another look at it, it has been ripped off pretty conveniently, (indicates prior knowledge) I don’t know what it’s trying to insinuate. (NEW SCOPE HIT JACK) I asked, had it been in your ute to your knowledge?…To my knowledge, no it hasn’t. (Compare Britton’s scribbles on the below document with that on the “piece of paper” attached at the bottom left
2

3 And this one.

I suggest Mr. Britton that you headed up to the Van Der Lubbes property that day in a very angry mood?…No that’s wrong. That you threatened Mr. Van Der Lubbe the night before?…No I had not threatened Jack in any way you tell me why is it. And you threatened his wife that morning?…No the only time I was pissed off was when she kept barracking me in the morning outside Carole’s window in Willis Street. You hadn’t arranged to go and pick Mr. Knox up on that morning had you?…Of course I hadn’t. Why did you instantly decide to do it then?…Because when that had happened I didn’t know and couldn’t work out an explanation for it and thought they must be trying to keep my gear because it coincided with me saying I had got the place down the road and I was going to get my gear. It was only when I could shift my gear (so he goes up there in his ute to get his truckloads of gear) that I got that the next morning before I got out of bed and it was the last thing I would have imagined would have happened. Are you a pretty volatile sort of person?…What do you mean? You get angry when things don’t go your way?…How do you mean? probably no more than you. You don’t consider yourself to be a violent person at all?…I have never struck anyone in violence, only in self-defence. And you didn’t threaten Mr. Van Der Lubbe when there was problems over this lease you wanted?…No, I told you that. But did you decide to lie to the police when they first interviewed you after the incident and pretend you hadn’t gone onto the property?…I thought, after I had walked down the road, shit this guys set me up for trespass. 74 lies this time.
Re-examination by Mr. Ross for the Crown.
Mr. Britton, carrying on at that point, can you just clarify why you lied to the police?…Because I realised Jack had set me up for trespass. I had in my life two other trespass notices.
Judge Linton Laing.
When your .222 is behind the seats of the ute, when it is there, is it visible to a person standing by the ute?…Standing by it? I don’t know, it could be, I haven’t had the .222 in the ute for a long time. If you had the door open you might see the butt, but my .222 was in the shed. With the stag you shot for Tom…No with Tom. With Tom, how long before May 19 would Mr. Van Der Lubbe have last seen your .222?…My .222, probably when he came and parked his bus at the house and I was still there moving a couple of things out from the bedroom and that but I didn’t shoot the spiker with the .222. (And how can you tell from a view of the butt only what calibre the rifle is? Judge Laing showing his pro police bias.) 3 more lies.
Thomas Leonard Knox. (Sworn.)
My full name is Thomas Leonard Knox. I reside in Wanganui. I reside in Wanganui. I am unemployed. I know Mr. Donald Peter Britton. I know Mr. Britton because I used to live on his property a year ago and we worked together on demolition jobs. I used to live on his property at Makirikiri. I know Mr. Van Der Lubbe but I’ve only met him a couple of times. I met Mr. Van Der Lubbe one weekend when I went up with Donald. That was a few months ago. I don’t remember the date. I would have met Mr. Van Der Lubbe about twice. On 19 May I recall Mr. Britton arriving at my place on that day. When he arrived he dropped some gear off at my flat. That was a sleeping bag and a rifle. We then started going up to Makirikiri and he asked me to give him a hand to shift some of his property. When we got to the property the gate had a lock on it and we had to lift the gate off the hinges to get onto the property. Donald did that. I sat in the ute. (He didn’t want to aid and abet Britton in his trespass.) After the gate was taken off the hinges Donald started driving up the drive until we got to the second bend and then there was two shots. The first shot landed just about two feet or a foot or so behind my shoulder in the back of the van. We could hear the shot. At the time we heard the shot I looked up and saw Mr. Van Der Lubbe up the top looking down on us with a rifle in his hand. Mr. Van Der Lubbe was about 60 or 70 or 80 away from where we were.
After that first shot was fired we turned the corner facing towards the shot and the second shot went through the front of the wagon and stalled the wagon. Mr. Van Der Lubbe at that stage was near the fence by his house. I heard some words spoken at that stage but I didn’t catch all of what they were saying to each other. Mr. Van Der Lubbe was telling us to get off the property. He said he would shoot up the wagon if we didn’t get off his property. Most of the time I was in the wagon until I was asked to look at the damage and I got out to check the damage. When I heard Mr. Van Der Lubbe say those words I was in the van still. I can’t recall what Mr. Britton said. A lot of words were said and I didn’t take it all in. After the shots were fired I got out to look at the damage done to the front of the vehicle. Mr. Van Der Lubbe was still looking down at us as far as I know but I had my back to him looking inside the bonnet of the car. Mr. Van Der Lubbe, when I got out of the vehicle was still standing by the post or fence outside his house. When I checked the vehicle I found the throttle cable had been split in half by the shot of the bullet. I said to Donald, lets get out of it, that I didn’t want no more of it. We got back in the wagon and drifted back down out past the gate and proceeded to put the gate back on the hinges and walked up the road to the nearest neighbours to ring the police. We left the car on the side of the road down by the gate. We just rolled it back and let it roll back forwards like it was sitting there. We couldn’t move it at all because there was no way of starting the motor. We walked up the road to the nearest neighbours and rang the police. Looking at the booklet of photos, photo 1 I recognise that photo. That photo shows the driveway to the Makirikiri property. In that photo the car was here when we heard the first shot (witness indicates area almost in front of the green bush before you turn the corner.) In relation to that photo, I saw Mr. Van Der Lubbe standing just around the corner of the photo (indicates bottom right hand corner.) The vehicle when I heard the second shot was here (witness indicates area just where the surface of the road disappears from view behind the tussock.) Mr. Van Der Lubbe at that stage was in the same position.
Cross-examination by Mr. Brosnahan.
Mr. Knox, were you somewhat surprised when Mr. Britton came and asked you to come on this jaunt with him?…I was really, yes. He didn’t tell you when he came to your house that he had been served with a trespass notice did he?…Not at that stage, not until halfway up to Makirikiri he told me. And you were committed to going?…Yes You said that you had only met Mr. Van Der Lubbe a couple of times for a short space of time?..Yes that is true. When Mr. Britton decided to leave his firearm which was in the vehicle at your place you thought that was sensible didn’t you?…Yes, I didn’t know what was going on (he knew all right) or why he left it there. But you did think it was sensible and thought that was something you should tell the police when you spoke to them later?…Yes. You had known Donald Britton for quite a long time hadn’t you?…About two and a half years. And you have seen him get pretty angry and pretty exited when things don’t go his way?…Yes. And that is why you were pleased the rifle had been left behind?…Not exactly but it would have been a help to him without it being there. You felt more comfortable about him not having a rifle?…Yes.
(Britton knew that if he left his rifle in his ute his provocation would be far less likely to have the outcome he so desired.)
Re-examination by Mr. Ross.
What sort of mood was Mr. Britton in when he came round to see you?…He seemed to be fairly calm about things.
Lance Alan Walker. (sworn)
My full name is Lance Alan Walker. I am a Police Constable stationed at Wanganui. At approximately 9.07 am on 19 May of this year I was directed by Control to attend an incident at the Van Der Lubbe property at the Makirikiri Valley. At this stage I was accompanied by Sergeant Roe and Constable Mills. We attended to the Makirikiri Valley and I believe at that stage there was a firearm involved. We stopped short of the Makirikiri Valley property until the Armed Offenders Squad was mobilised. They arrived under the direction of Detective Kerrisk. We proceeded to the property and under the control of the Armed Offender Mr. Van Der Lubbe was taken into custody. A short time later I spoke to the defendant Mr. Van Der Lubbe whom I identify in Court (witness identifies accused seated in Court.) As a result of our conversation took notes and seek permission to refer to them.
Judge Laing.
Very well.
Dated 19.5, 10.00am Makirikiri Valley, spoke with Jacobus Johannes Nicolaas Van Der Lubbe. Mr. Van Der Lubbe told me that last night Donald Britton came around to our place and took some posts of his. Mr. Van Der Lubbe said he talked to Mr. Britton for a while down at the gate. I asked him who the guy was that was with him the other day. Mr. Van Der Lubbe asked Mr. Britton who the guy was with Mr. Britton the other day, and Mr. Van Der Lubbe said Mr. Britton replied that this guy had been to Vietnam, that he had killed lots of people and that he wouldn’t hesitate and would enjoy killing some more. He said that Mr. Britton told Mr. Van Der Lubbe that if he didn’t lease the 2 acres of land that he, meaning Mr. Britton would take drastic action. Mr. Van Der Lubbe told Mr. Britton that he was just threatening him and that Mr. Van Der Lubbe was not interested in threats. He said at that stage when Mr. Britton left he went up to the house and talked the situation over with his wife, Mrs. Van Der Lubbe and that they decided to serve a trespass notice on Mr. Britton. He said the following morning that his wife went into town with a trespass notice that he, Mr. Van Der Lubbe had typed up and said his wife was to serve it on him being Mr. Britton. (Sandra insisted on serving it on Britton. I wanted to leave it on the locked gate for him to find when he came up next.) Mr. Van Der Lubbe said that his wife was upset because Mr. Britton had threatened her and thrown stones at his wife’s car. He went on to say that while he was on the phone that same morning, the 19th, he saw Donald Britton arrive at his gateway with Tom Knox. He said Donald Britton tried to break into the gate, took a hunk of wood and lifted the end of the gate off its hinges. He said Mr. Britton drove up the driveway but before he did this he yelled out that he was going to shoot me, meaning Mr. Van Der Lubbe in the head with his 222. He said Mr. Britton then drove up the driveway and got to the 2nd bend and then said I, meaning Mr. Van Der Lubbe fired two shots into his vehicle, one in the front and one in the side back. At this stage I cautioned Mr. Van Der Lubbe and advised him of his rights to a solicitor and then I asked him some questions in question and answer form. I questioned him as to which firearm he used. I said, which firearm did you use? He said, 243. I said, and you fired how many shots? And he said, 2. I said, the reason you fired the shots? He said. I was fearful for my life, the man had threatened my life, four times, that’s why I fired.
I said, was Britton armed? He said, I don’t know, he always carries a firearm in his car; I didn’t see a rifle. I said, what happened after you fired the shots? He said, Britton got out of the car and said, hee, hee, got you now, you made a fatal mistake, got you now. He paced around the car going hee, hee and saying nighttime is my prerogative. I constantly told him to get off my property. He then backed down and him and his mate Tom Knox put the gate back on its hinges. Tom held the lock end and Britton put it on the hinges. They then drove the car on the road, got out and walked up the valley. The next time I saw them they were walking down towards my place. I said, so the reason this has happened is because you served a trespass notice on Britton. He said, oh yea, the wife served the notice. I said, do you have a firearms licence? He said, no, the wife has. I said, were you aiming to hit Britton? He said, No, definitely not, just to stop the vehicle. I said, Are you a very good shot?…He said, Yep, If I wanted to hurt him I could have done it easily. I said, who do the firearms belong to?…He said, Sandra my wife. I said, you realise you shouldn’t have fired the rifle?…He said, Yes, I was protecting my life and property. (I never said property.) He made it quite clear, meaning Britton, his intention, I was fearful of my life. At that stage we returned to the Wanganui Police Station where a telephone was available to Mr. Van Der Lubbe to ring his Council Mr. Brosnahan. He telephoned his office and spoke to Mr. Brosnahan’s secretary who said Mr. Brosnahan was unavailable. Regarding Mr. Van Der Lubbe, I, at 11.25 hours spoke to Mr. Van Der Lubbe and informed him that he would be charged with reckless discharge of a firearm, possession of a firearm without a licence. I asked him to read the notes (my statement not his notes) I had taken and if he had anything else to add and he said he did. I said, what else do you want to say? He said, there is one thing, before Donald walked up the Valley he threw the pieces of wood that he had used to lift the gate off its hinges into the creek, the one almost opposite the gate, the other 50 to 60 meters up the road into a creek/ditch. When he returned he went into the ditch again for about 1 minute. I believe he was trying to hide the wood under the weeds. I showed the police the position of the wood and the ground markings at the gate and the mud markings left on the gate bottom rail which I believe Donald Britton left there when he pushed the gate back on to its hinges. I believe Britton was trying to cover up the fact that he came up the drive after having forced open the gate. At this stage I asked Mr. Van Der Lubbe to sign his notes (statement) but he refused until he had spoken to a lawyer. I have got 0215 but it 1415, 2.15 in the afternoon, Mr. Van Der Lubbe visited by Jane Hunter, a solicitor, I believe was employed by Mr. Brosnahan and spoke to and read the notes (statement) and at the conclusion of that there was one further addition to the statement (he got it right at last) from page 3, lines 2 and 3 that he made. I said, you want to clarify part of your statement? He said, I believe when Britton said, nighttime is my prerogative (that’s when I do things) that he was going to come back at night to carry out his death threats. At that stage he signed his statement as being a true and correct (I didn’t notice the ‘property’ then) record and I witnessed and I witnessed it as having taken the notes and it concluded at 14.20 or 2.20 pm. I was referring to my notebook before, the accused signed each page of the statement individually with his initials and on the last page he signed it in full with his signature. That is part of a police notebook containing the statement by the accused. I produce that copy to the Court.
Cross-Examination by Mr. Brosnahan.
Constable, you were the officer in charge of this case weren’t you?…I was arresting officer. And O in C since?…Yes. And can you confirm from your file that on the morning of the 19th Mrs. Van Der Lubbe delivered a copy of the trespass notice to the Wanganui police?…She delivered it to Constable McGillivray at the Wanganui East Police Station after she had left Britton’s residence.
Ian John Kerrisk. (sworn)
My full name is Ian John Kerrisk. I am a Detective stationed at Wanganui and attached to the CIB. I am a member of the Wanganui Armed Offenders Squad and have been a member of the squad since 1984 and I am a senior squad member. About 9.15am on Tuesday May 19 the squad was mobilised to attend a shooting incident at the Van Der Lubbe property in Makirikiri Valley. I travelled to the scene in the lead AOS vehicle with Constables Maniapoto and Bridgland. Upon arrival at the Van Der Lubbe property AOS staff took up immediate cordon positions. The occupant of the house was then called out of the house, down his driveway to the roadway. This occurred without incident. I then directed Constable Walker of the Crime Control Unit to speak with this person. I recognise this person as Mr. Jack Van Der Lubbe and identify him. (Witness identifies defendant sitting behind council) Along with Constable Maniapoto I approached the house entering it through the open ranch slider door. I secured the premises ensuring no other persons were present. I located three firearms at the address. Apart from ensuring these firearms were unloaded I left them in situ. I then remained at the scene until I handed control to Sergeant Roe. By in situ I mean I left them where I had seen them.
Cross-examination by Mr. Brosnahan.
Detective you said that there was the movement of the accused from the house to the roadway at your request without incident?…Yes. Is it fair to say Mr. Van Der Lubbe was entirely co-operative with the police throughout this incident?…In my view he was, yes.
Brent Stewart Gray. (sworn)
My full name is Brent Stewart Gray. I am a Police Constable stationed at Wanganui. On 19 May I was working an early shift at the Wanganui Police Station in Bell Street as the operator in the Control Room. At 9.07 I received a 111 call from the defendant Mr. Jack Van Der Lubbe (identification admitted by accused). I now seek permission of the Court to refer to notes made at the time.
Mr. Brosnahan. I have no objection.
At 9.07 hours I received a 111 call from a male person saying Donald Britton is coming into his property to break in. He (Britton) was in an unstable state. I was able to obtain the callers phone number being 3425721 a Mr. Jack Van Der Lubbe. I said he is in an unstable state and I meant he was very erratic, that is the caller. Jack Van Der Lubbe lives at Makirikiri Valley, Upokongaro. He told me Britton had sold his property to Mr. Van Der Lubbe but now he wanted it back. Mr. Van Der Lubbe’s wife Sandra phoned Jack and said Britton was on his way out. He had thrown stones and threatened to kill her. Mr. Van Der Lubbe then told me that Britton has a firearm; he’s taken the gate off its hinges. I asked him could he see the firearm?…He replied, no I can’t see it but he knows Britton carries one in his vehicle. He said Britton has a red Subaru ute with no canopy on it. It was parked outside the address on the roadside. Mr. Van Der Lubbe then advised me that Britton was coming up the drive and he had to go, he had to defend himself. He said that to me three times and that is when the phone went dead. At 9.17 am Mr. Van Der Lubbe was back on the phone. He told me he had fired 2 shots from his rifle at the vehicle and he told me his rifle was a .243. After he fired the shots he told Britton to go, to leave the property. He then told me that Britton has a .222 rifle and that he threatened to kill Van Der Lubbe. He also told me that Britton was accompanied by a Mr. Tom Knox. As Mr. Britton and Mr. Knox left they put the gate back on the hinges and went back out to their vehicle. Britton threw a hunk of 4×2 over the fence into a creek.
Mr. Van Der Lubbe said he used this wood to take the gate off the hinges. He then told me that Britton said to him he’ll be back tonight, that’s when he does things. Mr. Van Der Lubbe said that Britton got out of his car and stopped a metallic blue old model Holden and talked to the passengers. He was waving his arms around and pointing at Mr. Van Der Lubbe’s address. Knox and Britton got into the vehicle and the vehicle headed up the valley.
Cross-examination by Mr. Brosnahan.
Constable, It’s normal practice isn’t it to have a tape recorder monitoring these emergency calls?…Yes. And the call you have given evidence about was an emergency 111 call wasn’t it?…Yes. You said that the caller was clearly agitated?…Yes. Frightened?…Yes. (And if the 111 tape recording hadn’t been “lost” then we’d all be able to see how much Constable Gray got wrong and left out of his notes.)
Judge Laing.
He didn’t say that.
Mr. Brosnahan again.
The best way of illustrating that would be to play the tape wouldn’t it Constable?…Yes. Are you able to do that?…No. Have we lost the tape?…(Gasps from the Jury.) We have lost the recording. (Wiped as opposed to saved and then physically lost and, heaven forbid, possibly found again.) Lost the recording?…Yes

It is fair to say Constable isn’t it that it is difficult to reconstruct a persons fear and panic as you feel it coming across an emergency 111 call such as this?…It is hard to explain. (No it isn’t, all you have to say is, he sounded like he was shitting himself.) But that is what you were faced with that day weren’t you Constable, a man beside himself with fear?…Yes.
(Then good old unbiased Judge Laing sticks his oar in again.)
Mr. Brosnahan, he is saying that’s how it appeared to be and that’s how the accused was. He can’t say the accused was beside himself because he may be a good actor. (After that little gem one of the prison officers flanking me during the trial leaned over to me and said “He doesn’t like you Jack.”) Always choose a Jury trial as opposed to Judge alone.
Mr. Brosnahan again.
That is how it appeared to you Constable?…Yes. When the call started it was at a stage from what you were being told of people breaking into the property?…Yes. And the caller Mr. Van Der Lubbe made it plain to you that the property had been locked and was being broken into?…Yes. By two people jemmying the gate off its hinges?…Yes. And as that activity, the getting the gate off the hinges got more developed, did it appear to you that the panic of the caller also heightened?…Yes. Do you recall him saying that earlier that morning Britton had threatened to kill his wife?…Mr. Van Der Lubbe said that yes. Said that to you?…Yes. And made it plain that although he couldn’t see a firearm he believed Britton had one because Britton carried one in the vehicle?…That is right. You have given evidence that Mr. Van Der Lubbe said on a number of occasions, “I’m going to have to go and defend myself?…Yes. And repeated that a number of times?…Yes. Do you recall him saying, what can I do to defend myself?…No. Your transcript of course was dictated some time later after the call was concluded wasn’t it?…Directly after the call was concluded. And it is at best a paraphrasing of the exchange between you and the caller Mr. Van Der Lubbe?…Yes. Do you accept that he could have said, what can I do to defend myself?…He could have said that. And could you have said, lock the house. I could have said that yes. Do you recall any comment from him to the intent that locking the house wont be enough they have just got through a locked gate?…He gave that impression. (He must have said, “lock the house” then.) When you first took the call and Mr. Van Der Lubbe told you that Donald Britton was coming into his place was he virtually stuck on the words he’s coming to get me and repeated those to you?…I can’t remember. Do you recall giving evidence at the lower hearing?…Would it help you memory to look at the notes of that evidence to refresh your memory?…Yes. Could the witness be shown page 15 of the deposition evidence at marker 25.
Judge Laing.
Go before and well after 25 and see just what it is you were answering.
Mr. Brosnahan continues.
Constable, my question to you was when the call came to you and Mr. Van Der Lubbe said that Britton’s coming into my place, he’s coming to get me, he has a gun, did it appear to you that he was virtually stuck on those words?…Yes. And that is the recollection of the call as it came to you with the aid of refreshing your memory?…Yes.
These answers show why a tape recording is imperative for the real truth to be known. If Gray had lied on the stand, as he was asked to do, (“I wasn’t going to lie for anyone.”) I would have been up shit creek.
In summary Constable, your impression of the call as it came to you was of a person fearful for his life?…Yes. He appeared desperate as to what he could do to protect himself and his life?…Yes. And telling you as his lifeline as it were that he had to go and defend himself?…Yes. Although this person, Constable, had rung the police on the emergency number because of the timeframe of people breaking in the gate and coming up the drive etc. there was nothing the police could actually do to help was there?…Not at that time.
Judge Laing again.
Constable, is it your evidence that in the telephone call you first received, the caller said to you he’s coming to get me, he has a gun?…No. My first noting was Donald Britton is trying to break into my place, he has a firearm.
Jacobus Johannes Nicolaas Van Der Lubbe. (sworn)
My full name is Jacobus Johannes Nicolaas Van Der Lubbe. I reside in Makirikiri Valley, Wanganui with my wife and two children. My wife entered into an agreement with Donald Britton for the purchase of that property in October last year and was due to settle in January I think. As settlement approached I became aware that Mr. Britton was refusing to settle and had changed his mind about selling. There were various exchanges between lawyers acting for the parties and eventually proceedings were issued in the High Court at Wanganui to seek orders for the sale to go ahead. In March, just before the Court was due to hear those matters Mr. Britton decided he would settle. I took possession and he was paid the money. On 18 May of this year, I was at my home on the property that day, and there was a visit from Mr. Britton and a discussion about a lease. We discussed it and I told him it wasn’t suitable as it was worded and it would have to be redrafted. His reaction to that was he said its cost me too much money already just cross out what you don’t like and I said, no we can’t do that it is a legal document and it has to be done properly.
After that conversation about the lease finished and Mr. Britton decided to leave and I followed him down to the gateway to lock it behind him and he went through it and he came out of his vehicle and I asked him, who was that chap you had with you on Sunday afternoon. That related to Sunday afternoon when he came up on his motorbike with some guy on the back and Tom Knox was on another motorbike and I was riding my horse on the Valley. (road) I said, who was that chap and Donald said, did you notice anything about him and I said yea, every time I looked at him he smiled at me. I think I said is he all right because I thought it was a bit strange that we hadn’t been introduced and he just kept smiling at me. After that not a great deal was said. It was discussed about the horse a little bit and they rode off on the motorbikes. In response to my question, who was the guy with them Donald said, that joker has been to Vietnam and done two tours of duty, that’s 400 days, that is twice as many or twice as long as the average soldier does. He says he has flashbacks. He’s killed lots of people and wouldn’t mind killing some more and would probably enjoy doing so. He then said that he had tested this fellow’s nerve. (By taking him through the Durie Hill tunnel at 60 miles an hour on the back of his motorbike and “he didn’t even blink.” How Britton could see the non-blink sitting on the front will forever remain a mystery.) He said to me, he walked up to the gate and he said to me, he poked his fingers through the wire like this, (and said,) if you don’t give me the lease within two weeks I’m going to take drastic action, you see what happens. I said, are you threatening me again? Then I asked him if he was all right. He said, why? (Because you appear to be flipping out, again.) I then went back up to the house after that conversation. After that conversation with Mr. Britton I was feeling physically ill. (The nut did have a rifle in his car.) When I got back up to the house I told Sandra about it. A decision was made and that related to a trespass notice. I typed one up. It was arranged that Sandra would deliver it to Britton when she took the boys to school the next day. I wanted to stop Britton coming up to my property at that stage because of what he said the previous night; I couldn’t take the stress of his visits. The next morning my wife went off with the trespass notice and at some stage I made a phone call to try and find out what was going on. I phoned my brother-in-law’s place because that’s where they were going to do the washing. I planed on speaking to Sandra. Daniel answered the phone and I asked him if Sandra served the trespass notice and he told me what had happened. He said, Donald threatened mum with an iron bar and threatened to kill her and as they drove away he threw a rock and hit the back of the car. As I was having this discussion with my son, Britton arrived in his vehicle at the road entrance to my property. I then said to Daniel, I’ve got to hang up Daniel, and ring the cops. I then dialed 111. I confirm that the situation was as Constable Gray outlined it in his evidence. Down at the front gate I could see Britton trying to lever the gate off its hinges. The gate was padlocked. Britton climbed over the gate and got some pieces of 4×2 and put one like that, and the other one like that he made a lever with them and he jumped on them and they broke and he came over again and got a long length of 8×2 and used it the same way and jumped on it again and the gate flew off. At that stage I was panicking from what Daniel had told me and Britton’s threats the previous night. I believed he had a firearm in the vehicle and he had threatened to kill me and I had doubts about his mental state at that time. Once he got the gate off its hinges I saw the car start to move up the hill and I was still speaking to the Constable. I was speaking to him constantly. I said to him, what can I do and the Constable said, lock the house up and I said, I can’t remember exactly what I said, but I couldn’t lock the house up because there is no floor in the entrance porch and so the house wasn’t lockable and then I was just sort of overcome. Something just gripped me. My heart started racing faster and I just went cold. I was concerned about the fact that he had broken in and he was coming. I thought my time had come. I went and got the rifle spoken of in evidence and I asked the policeman, can I defend myself, and he didn’t answer, and I said, I have to go and defend myself and I put the phone down. I didn’t hang it up I just put it aside. I went to the bedroom and grabbed the gun and went outside a fired the 2 shots spoken of in evidence. I have heard where Mr. Knox and Mr. Britton said the vehicle was at the time of the shots and I accept that is pretty accurate. When I fired the shots I wanted to keep them away and stop the vehicle and keep him at a distance. I didn’t want him to be able to use the rifle on me. I heard Mr. Knox saying I kept telling them to get off the property and that I did that and saying if they didn’t I’d shoot the vehicle up. Once the vehicle stopped after the second shot I didn’t fire anymore. When Britton got out of the vehicle and came round the front of it I had a full view of him. The occupants of the Subaru hopped out and examined the damage and then they freewheeled down the drive and I went back to the phone. The Constable has given evidence that I said to him that Britton had threatened to shoot me with a .222 and that is the case. I believed that if I hadn’t stopped Britton and his friend coming up to my house I would have been shot. I fired the shots to prevent that happening.
(Why Brosnahan didn’t ask me about Britton’s Ballance St. threats when I gave evidence I’ll never know, he even failed to produce the written statement that Carole Smith made that stated that Britton had admitted to her that he had threatened to “blow our whole family away at Ballance St.” He also failed to expose the perjury of Britton’s denial that he was facing a police charge of making a threat to kill during the period that he contracted to sell his farm.)
Cross-examination Mr. Ross.
Mr. Van Der Lubbe, how long have you known Mr. Britton?..Since I was 14. How old are you Mr. Van Der Lubbe?…41 no 42 now. So you have known Mr. Britton about 28 years?…Yes. And during that period you have spent quite a lot of time with Mr. Britton haven’t you?…In the first 5 years I saw him off and on. What about in the last few years?…No hardly ever. You have been hunting with him?…Yes. Is it fair to say that you and he enjoyed the same sort of lifestyle?…We both like hunting. Would you describe yourself as something of a volatile person?…No, not at all. (It doesn’t pay to be volatile when you’re built like a jockey’s whip.) You would describe Mr. Britton as being volatile though wouldn’t you?…Definitely yes. There was really quite some aggravation over the purchase of this property wasn’t there?…Aggravation? Mr. Britton attempted to get out of the deal. When you purchased the property and the deal was signed you put some pressure on Mr. Britton to speed it up didn’t you?…No. Did you go and visit him taking your father and a typewriter?…Yes. Had he not told you to leave it for a few days?…No So he invited you up?…Yes, I came down from Whangarei. Your arguments over the sale of this property went on for some months didn’t it?…There were letters exchanged between lawyers but no verbal arguments between myself and Britton until 7 January. Until 7 January this year?…Yes. And did he want you to forget the sale?…Yes. He didn’t threaten you at that stage though did he?…Yes he did. He did?…Yes. Did you go to the police about the threat?…7 days later I did. When did you next see him after that?…19 March. So nothing happened as a result of that threat?…No, the police didn’t do anything about it. Can you tell us what the nature of this threat was?…He said, If you take my land off me you’ll die on the place, you and your family will die on the place. And that was said in January of this year?…January 7th yes. And the next time you saw him was?…19 March. And is it fair to say at that stage relations between you were reasonably cordial?…They were business like. Can you tell us when settlement took place?…That day. He signed the transfer that day and the cheque was handed over that day. You entered into an arrangement with him then as regards some property and some gear he wanted to leave on the farm?…Yes. And you were quite happy for him to leave that gear on the property?…Happy isn’t the right word. I said he could to facilitate the easy transfer.
Did he occasionally come and remove some property?…At first he took property away and then it tapered off to nothing after a time. Turning to this person who you said Mr. Britton didn’t introduce you to, you are not talking about Mr. Knox are you?…No. Now on the evening of the 18th during that discussion with Mr. Britton did you discuss the removal of his further gear on the farm?…Yes. Did that include deer?…No. And did Mr. Britton say that he was going to come and get it the next day?…Yes. In that conversation he didn’t directly threaten you did he?…He said, If you don’t give me that lease within 2 weeks you see what happens. I took that to be a physical threat, his references to Vietnam veterans and the killing of lots of people didn’t lead me to believe it was some sort of legal action. But he’d threatened you previously even more directly than that hadn’t he?…Yes. Did you report that threat to the police that you felt…The earlier threat? No the one on the evening of the eighteenth….Yes I rang the police that evening. Who did you talk to?…I don’t know the Constable’s name. I asked for Constable McGillivray but he wasn’t on duty (easily checked) and I explained to the Constable who was on the phone. Did you advise the police what you intended to do?…No, no. Did you make an emergency call to the station that evening?…I don’t think it was no, the threat wasn’t immediate then I used the watch-house number I think. You said the threat wasn’t immediate then?…He said to do something drastic within 2 weeks. The next morning when you were having your conversation with Daniel. Daniel never said that Britton had threatened you did he?…He said he had threatened to kill mum, his mum. He didn’t say that Britton had threatened to do any harm to you did he?…No. And when you rang the police the first time you never said that Britton had threatened to kill you did you?…That morning? Yes. Yes, I said, he had threatened to shoot me. No, that was the second time?…I only made one call, I never hung it up, I just put the phone aside, it was all one call. In the first half of that call before you went outside and fired the shots you didn’t tell the police Constable that Britton had threatened to kill you did you?…No he hadn’t done it at that stage. So at that stage before you went outside he hadn’t threatened to kill you?…He had previously but on that morning, no. So the only time he directly threatened you was in January of this year is that what you are saying?…That was a direct threat and there was an implied threat the night before. So at the time you went outside you felt there was an implied threat to kill you?…I felt there was a direct threat. Is that a result of the conversation you had in January?…No it was the conversation I had with son and the fact that Britton was breaking in and the fact that he said insane things the night before. (I didn’t fear Knox or the “mass killer” Massey, I feared Britton’s apparent insanity.)
So that was the conclusion you had reached from what your son had said and Britton had said?…Yes. But you would accept that neither your son or Britton on the 18th or 19th had indicated a direct intention to kill you?…I felt extremely threatened. I’m not asking you how you felt, I am asking you what Mr. Britton and your son had said to you?…Before I went outside Daniel told me that he had threatened to kill mum, he was really mad, he had threatened her with an iron bar, he had thrown a stone at the car, a rock at the car. Words were not required to indicate to me and make me believe that his intention was to harm me. So you believe he intended to harm you?…Yes, definitely yes. But you would accept that those words were not spoken or words to that effect that you were to be killed were not spoken by Mr. Britton?…Up until the time I went out of the kitchen Britton had not directly threatened me that morning apart from physical action, words were not used. In reaction to all this you decided to make a pre-emptive strike so to speak?…A defensive action. A defensive action?…Yes. Could you see who was in the vehicle when you fired the shots?…Yes, I could see that Donald was in it and I think I recall identifying Tom Knox. So you could see that Mr. Knox was in the vehicle?…If memory serves me correct yes. Did you know Mr. Knox?…No not really, I had only met him a couple of times. And how had you met him?…He came up to get stuff with Donald. He came up with Mr. Britton?…Yes. So you thought they were both coming up to kill you?…No I though Donald was. No I thought Donald was?…Donald had said the night before that Tom was his puppet and would do anything for him. You told Mr. Brosnahan what you have just told the Court?…That Tom was his puppet? Yes. I believe I have yes. Mr. Britton didn’t yell out anything before you fired the shots at the car did he?…Yes he leaned out the window and said, I’m going to put a bullet in your head from my .222. And how far away was he when he yelled that out?…About 30 meters up from the gate. And how far away from the house?…About 110 meters approximately. So you are saying you heard Mr. Britton yell out from 110 meters?…Yes. When he was driving a car up a gravel road?…Yes. And is that when you decided that you might take a shot at the car to try and stop him?…I can’t say for sure, I was in a panic, I had become overcome with fear and my brain slipped into overdrive, so I can’t say when that decision was made. You actually went outside with the gun didn’t you?…My intention was to stop the vehicle and prevent Britton using his rifle against me. So you took 2 live bullets out with you in the gun or was it already loaded?…No, it wasn’t loaded. No, Mr. Van Der Lubbe, when you saw Mr. Britton at your gate did you ever think of leaving the house out the back door and taking off?..I can’t really remember what I thought at the time, I was speaking to the policeman all the time describing what was happening. Events simply overtook me and that is the way it went. So are you saying you didn’t think of trying to get away?…I can’t remember what I thought, I was just gripped when I saw him breaking in and I didn’t think straight anymore. (The cop didn’t suggest I make a run for it either, quite the opposite in fact.) You had a number of firearms in the house didn’t you?…Yes. They didn’t belong to you?…They belonged to your wife is that correct?…Three of them belonged to my wife and one was my fathers. Can you recall which 3 belonged to your wife?…The .22, the slug gun, the air rifle and the .243. Your wife is keen on rifles?…You could say that, yes. They are a tool used on the farm for pest eradication and such like. You don’t have a gun licence do you?…No. (He so much wanted to bring up the crap contained in my files but hinting about my firearms licence status was all he could do.) Now you know Mr. Britton reasonably well don’t you?…Yes. And you know that Mr. Britton is prone to shoot off at the mouth don’t you?..Among other things yes. Do you know in your experience that he talks a lot?…He talks an extreme amount. He talks an extreme amount?…Yes. (And the cops had all the guns, even the slug gun, lined up in Court as though I had used them all.)
Daniel Troy Van Der Lubbe.
My full name is Daniel Troy Van Der Lubbe. (16) I live in Makirikiri Valley with my father Jack and my mother Sandra. On 19 May this year I was going to school with my mother and she went to a property in Willis Street where Mr. Britton lived and I remember that day. I know my mother went there to deliver a trespass notice to Donald Britton. I was in the car outside his place. My mother went into the property. I got out of the car for a while. I saw my mother returning towards the car. Donald was following her. I saw Donald pick up an iron bar off his ute. It was a fence standard with a curly bit at the end of it. He picked that up. When he picked that up mum was getting around by our car on the road. Donald started waving it around in the air. I could hear him say something. He said, I’ll get you and he threatened to kill mum. He said, I’ll get you and you should be scared of me. Mum was then starting to hop in our car. I was in the passengers seat in the front of the car. I had got back into the car. I had got back into the car before my mother and Mr. Britton became visible to me. The car then drove off. As we drove off he threw a rock at the car. I saw who threw the rock. It was Donald Britton. I know him; he is someone who has been to my place. Once I left the Willis Street address I went to my uncle’s place. I went to the Police Station actually. I went to the Police Station first I think and then to my uncles place. While I was at my uncle’s place I was aware of a phone call. I spoke on the phone to my father.
I said to my father that Donald had threatened to kill my mother and waved an iron bar at her and as we were leaving he threw a rock at the car and Donald was very angry. While I was having that conversation with my father my mother was in the lounge of Andrew’s place. Donald arrived at our place and that interrupted the phone call. My father told me that when I was on the phone. At that time my father told me he was at the gate and to get off the phone so he could ring the police. When he said that to me and told me Britton had arrived, my father sounded scared. (At this point the same one of the two Prison Officers who the Prosecution had for, he must be a bad bastard effect, placed on either side of me leaned over to me and said “we don’t want you with us” and “the wrong person is on trial.”)
Cross-examination by Mr. Ross.
So you heard Donald Britton say to your mother I’ll get you and you should be scarred of me?…Yes. And you took that as a threat to kill her?…Yes because he waved an iron bar as he said it. He didn’t say I’ll kill you to your mother?…No not in those words. Do you know him quite well?…Not very well. You knew you had moved back onto his property?…Yes we had moved to his place. Do you know why you went round to your uncle’s place?…To do some washing. To do some washing?…Yes. You weren’t intending to ring your father up?…No I didn’t think about that. You didn’t think about that?…No. So you were concerned about the threat?..Yes I was. When you went to the Police Station did you go in?…Yes. Did you think at your uncle’s place that you should ring your father?…We just got in the door and the phone went and dad was on the phone.
Re-examination by Mr. Brosnahan.
You made that statement to the police that morning?…In the afternoon, later in the afternoon. You went to the Police Station before you went to your uncles?…Yes. And your mother went in?…Yes. Did you go in then?…Yes. And did you speak to the police then?…Yes but we didn’t make a statement. You just spoke to them and told them what had happened then?…Yes. You went back in the afternoon to the Police Station again is that what you are saying?…Yes.
5

When Tom Knox got out of the ute and showed Britton the bullet hole in the bonnet Britton became ecstatic. He danced around, yahooed and then shouted to me “I’ve got you now, I’ve got you now, you’ve made a fatal mistake. I said to myself , “no you fucken haven’t.” And it was me who was proved right.
6

They missed one.

7 clip_image001

The last thing Britton shouted at me before he got back into the ute to free-wheel it back out of our gate was, “I’ll be back tonight, night-time is my prerogative, that’s when I do things.” So his parting words were another threat. Just shows what a suicidal nut he really is. After he and Knox had put the gate back on its hinges and carefully positioned the ute to fit in with his later “pack of lies” claims that I had shot the ute when it was still outside the gate, he didn’t give a toss about any trespass charge, small price to pay for landing me in it, Britton did a hand stand and walked that way for a few steps. He was a very happy chappy now that his cunning plan to get me in the cart had worked at last. He wasn’t so happy after the jury gave its verdict though. He bawled out Crown prosecutor Ross as being useless and when he reached his ute that was parked across the road from the Court he let out a roar of anger and punched the door so hard it left a dent.

About 20 minutes after they left the scene of their crime Britton and Knox walked back down the road and Britton went into the creek where he had thrown the 8 by 2 plank. He tried to hide the plank by forcing it down into the mud and weeds with his feet. I could see that as he had his hands on the creek bank and he was bouncing up to his knees in the water. But the plank had floated back up by the time I took the police to the spot. He was in there for about a minute and then he got out of the creek he did some more handstands and then he and Knox walked back up the road. As you saw, the reason he gave in Court for going back to and getting in the creek was, “I wanted to get some watercress.” Anybody that is mental enough to say something like that in public and expect it to be believed by a jury and who threatens to kill should not expect a red carpet when he breaks into the property of the very people he has threatened to kill.
There was any amount of cops watching that trial. They all heard what Britton had said. They all knew he was a liar and obviously mental but did that make them change their criminal attitude towards us? No the continued to support him in his campaign of intimidation.
*
Self-defence – Why is Police Policy Protecting Criminals?
Self Defence
Dr Lech Beltowski
The recent claim by Northland Federated Farmers executive member Bill Guest that farmers in Northland’s isolated areas need to keep loaded weapon for security has drawn the usual negative response from local police inspector Paul Carpenter. Unfortunately his comments demonstrate once again that -at least in Northland- police no longer have any clear understanding of where their responsibilities finish and those of law-abiding citizens begin.
Even if the irony of having an article entitled “Police; loaded guns for safety silly idea” just above an article “Raiders hit migrant workers” was insufficient to raise doubts about the official police position, simply rewording the reported comment by Inspector Paul Carpenter to “Police claim unloaded guns offer better safety” should surely remove all doubt.
If one wished to further test the hypocrisy of the current police position, one only has to ask what the likely police (and Police Association) response would be to any call for police to be disarmed, forced to carry unloaded guns only or made to keep their guns unloaded and all ammunition in a seperate locked box until a clearly defined emergency arises. Yet those are precisely the rules under which they expect everybody else to operate. Small wonder then, that it’s the violent criminals who are winning.
As highly paid servants of the public, police do have an important role to play in maintaining law and order. However, there have always been practical limitations to what police can actually do for us. Such limitations have long been recognised in as much as police operate under a general collective obligation, a “duty of care” to society but without any strict legal obligation to guarantee the safety of individual citizens.
In effect, we have the absurd and totally improper situation of having the police -the very people who cannot be held legally accountable for failing to protect us- claiming the right to decide what we can and cannot do to protect ourselves and our families.
Northland Federated Farmers are certainly correct in their claim that drug- related violence and murder has become common in the area. They are also well within the law and within their rights in calling for farmers -especially those in isolated areas- to take whatever action is necessary to protect their families and property.
A local police force critical of such actions, seemingly happy to accept as inevitable the socially damaging actions of criminals but uncomfortable with the prudent responses of law-abiding taxpayers, must surely have reached rock bottom. When one then realises that farmers are only responding to a problem the police have been totally unable to deal with effectively for years, then it is abundantly clear that Northland police have no idea of their obligations or role. The throw-away comment by Inspector Carpenter that ” there was a lot police could do to protect residents of remote areas” demands only one question- why haven’t you been doing it?
Contrary to what police so often imply, self-defence is certainly legal. Section 48 of the NZ Crimes Act states that “Everyone is justified, in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use”.
This is exactly the same law used by police to justify them having the right to carry and use firearms for their own protection yet there is nothing in the Act which gives police special rights over and above those of the citizen. Clearly EVERYONE, no matter what their job, no matter who they are, has the same right to self defence under New Zealand law as the police have. What is missing of course is the level playing field, the ability to use equal means. This, however, is purely due to how police policy currently interprets the law to disadvantage the law-abiding citizen. What seems to have been forgotten is that internal police policies do not have any real legal status, so the use of policy to justify restricting a legal right is almost certainly illegal. Possibly the Council for Civil Liberties might like to take this matter up.
Be that as it may, it is high time police throughout New Zealand were reminded that they do not yet have any special right to better self-defence than the people they are sworn to serve and that, no matter what their personal feelings on the matter, our common law right of self-defence is precisely that – a legally enforceable right.
Those who have advised police in their current policy on self-defence appear to have conveniently forgotten the basics of both common and constitutional law. The famous British Constitutional historian Sir William Blackstone, in his famous book ” Commentaries on the laws of England” (first published in 1765) listed three primary rights -personal security, personal liberty and private property- which he regarded as natural rights. The specific right of individual self-defence he further regarded as a primary law of nature, a natural right that cannot be taken away from individuals by any of the laws of society. Clearly, Sir William had not reckoned with the present hierarchy of the New Zealand police nor with parliaments seemingly more interested in stripping away or restricting the rights of law-abiding citizens than in protecting them.
Since even the most junior police trainee understands that most crimes occur when police are not around, it hardly comes as a surprise to find that 99.9% of police work is reactive and begins well after the crime has been committed. Police are weekly unable to prevent hundreds of violent crimes and very rarely are they able to arrive in time to prevent a crime from being completed.
This fact must surely dash the hopes of those still naive enough to believe the often repeated claim that police can protect them, since it is somewhat unrealistic to expect help from someone who is not yet physically there. One problem may be that police now believe their own propaganda.
However, surely the most fundamental problem with the current police policy on self-defence is simply that it is the victim who always arrives at the crime scene first, well before the police. Yet, if the current police policy on self defence is any indication, police must believe that disarming victims and thereby making them more vulnerable to violent crime equates with crime control. It is high time senior police officers were made to explain how giving extra legal powers, pepper sprays, personal radios and self-defence firearms only to the people who always arrive last at the crime scene can save innocent lives or be a sensible and effective crime fighting strategy.
It was Sir Robert Peel, the founding father of modern policing who, over a century ago clearly defined the separate if overlapping roles of both the police and the law-abiding citizen when he said “the police are the people and the people are the police.”
He understood, even if his modern-day successors choose not to, that police by themselves cannot hope to deal effectively with crime and that the most effective way to minimise opportunity for criminals and thereby reduce crime is to ensure both the citizen and the police officer work together as equals, each having an equal right to react to criminal activity as soon as they see it occurring.
Sadly, in New Zealand two decades of a dangerously illogical and probably illegal police policy on self defence has ensured this is no longer the case. After suffering years of rising violent crime in silence, farmers in Northland have finally said “enough is enough”. For all our sakes we should support them.
———————————————————————————————————————–
28/07/2006
NewstalkZB
Police say it is too early to charge anyone over yesterday’s shooting of a man in a Penrose gun shop.
The shop owner says his son shot a 29-year-old man who had entered the store armed with a machete. Detective Senior Sergeant Simon Scott says the wounded man is in a stable condition but under guard in Auckland Hospital.
Police are waiting for doctors to give them the go-ahead to speak to the man.
Mr Scott says they need to conduct a full investigation and evaluate all the evidence before they are in a position to determine what, if any, charges are laid.
Police are going through security surveillance footage of the incident and interviewing witnesses.
Self Defence?
Thirty-three-year-old Gregory Carvell, who is understood to have fired the gun, has been speaking with the police. His father and owner of the store, Ray Carvell, has told the media that his son acted in self defence.
The Civil Liberties Council is cautioning police not to rush into prosecuting Gregory Carvell. Spokesman Barry Wilson says in similar cases in the past, police have laid charges and the case has gone to court. He says police have a greater responsibility to examine the evidence before them.
Mr Wilson says if police think there is any reasonable evidence pointing towards the man acting in self defence, they should not prosecute.
SELF DEFENCE LAW
_________________________________________________________
1. Very impressed with the site, well done.
someone else

2. Something we agree on – the self defense laws in this country are shit – but that’s a GOVERNMENT policy not a police policy – the police don’t make the law, they enforce it – your issue on self defense is at a GOVERNMENT level.
ZebuQueen

3. The cops knew it was done in self defence and they have their precious discretionary powers but in this case chose to prosecute. As you saw they even “lost” the tape of my 111 call for help and advise and they did that because the tape would have buggered up their malicious case against me.
Jack

4. There was a case of a farmer who shot at some people on his land a while ago – and the public and the police both agreed that he was justifed in doing it – but the law stated that it was wrong, and therefore there was a trial and a conviction. The law is the law – regardless of what the police believe.
The police are obliged to follow through where they can – its not up to them to decide which they should and which they shouldn’t. And that leaves me a bit confused – first you accuse them of ‘using discretion’ and being corrupt and then they’re corrupt because they don’t use it.
ZebuQueen

5. And a few year ago burglar Jimmy Ropata was shot dead by an old chap and the Police chose not to prosecute. So that proves you wrong again.
Jack

6. No it doesn’t – I said you were being inconsistent and wanting things both ways when it suited you.
No they don’t follow EVERY reported crime or crime through – your right – therefore apparently despite your claims of innocence they felt there was sufficent reason too. I’m not surprised – it does sound like you’ve been a pain in the neck for sometime.
I’m not sure about this “again” business…
ZebuQueen

7. Read Constable Brent Grey’s testimony in Depositions and the Trial.
The Police knew I’d acted in self defence, that Britton had threatened to kill me, that Britton had previous to that time been convicted of threatening to kill someone else, that Britton owned firearms and is mental.
Jack

8. Judge throws out murder rap in home invasion shooting
30 March 2003
By DONNA CHISHOLM
In a rare legal move, a judge has thrown out a murder charge against a man who shot dead an intruder in his home – before the case even went to trial.
Justice Judith Potter’s ruling implies the shooting of Robert Oppert by Helensville man Bryan Melrose, 32, after a home invasion was such a clear case of self defence it warranted the unusual decision.
“Cases in which the issue of self defence should not be left to the jury will be rare,” she said.
“However, I conclude this is such a case.”
But Oppert’s family is angry at the decision and says justice has not been done.
Oppert, 47, led a group of three younger, armed men in a raid on Melrose’s home to steal cannabis last April.
The other men, now serving 7½-year jail terms, agreed in court they had asked 120kg Oppert to go with them to knock out Melrose, and agreed in cross-examination that they chose him because he was “the meanest mother” they could find.
Melrose shot Oppert five times with a .22 rifle while defending his partner and two small children – a daughter aged one and a son who was just a month old.
Though Oppert was unarmed, Melrose was no physical match for him – Oppert continued to fight him even after he had been shot repeatedly.
Said the judge: “I do not believe that a reasonable jury could infer that in shooting the deceased in his house, the applicant was motivated to protect his cannabis crop, or by anger.”
Witnesses had amply depicted the scene of terror and violence, both actual and threatened, he faced.
Melrose’s lawyer, Christopher Harder, who has now had murder counts dismissed for clients in three similar intruder killings, says the ruling does not create an open season on burglars.
“This was a perfect set of facts,” he said. Melrose was clearly acting in the defence of himself and others.
He said if his rifle had been loaded and ready at the door the case may still have gone to trial, but he had to get it from a wardrobe and was loading it as Oppert entered.
Oppert’s brother, who declined to be named, said he was “pissed off” at the judge’s ruling and the case should have gone to trial.
It was Melrose who put his family at risk by growing cannabis, he said.
“This is saying you can shoot people who come into your home and they give you a pat on the back.” Most people seeing a group of armed men advancing would ring police first, he said. Melrose had not done so.
But Melrose has told the Sunday Star-Times he could not describe the fear he felt that night. “Words don’t do it justice.”
Police found 125 cannabis plants on his property and Melrose still faces charges related to those and his rifle.
Jack

9. Thats a very long but very interesting read jack and well done in sticking up for yourself, firstly from a nutter bully boy and then by a hostile police force and judge.
I dunno why Zqueeny has to insist that black is white, up is down and our police force is filled with wonderful fair minded upholders of justice.
Actually it sounds like she’d fit in real well in the company of bent dirty cops, maybe she’d like a group date with the ex-auckland head honcho Rikards …………. her and three of his mates.

nznative

10. “Hostile” is the right word except for Brent Grey. If he had lied in Court as he was asked/expected to I would have been a gonner. Mind you Britton’s performance in Court helped my defence no end so I may have gotten off after all.

Jack

11. Self-defence killer walks free
Opotiki farmer David Allen killed a gang associate but convinced a jury it was self-defence
17 February 2009
A jury at the High Court in Hamilton took 5 1/2 hours to find Allen not guilty of murdering Mr Collier on an isolated farm at Takaputahi, about 40 kilometres southeast of Opotiki.
As the verdict was read, Allen turned to the gallery and gave the thumbs up to his mother, Jacque McKay.
He was also found not guilty of manslaughter.
Allen, 45, said he acted in self-defence when he fatally shot Mr Collier on September 15, 2007.
Outside court, Mrs McKay told the Waikato Times the murder trial had taken a huge toll on her son, who has been in custody.
“We believe on the evidence there could be no other fair judgment,” Mrs McKay said.
“We are very sorry for the family of Mr Collier and spoke to one of his relatives today. We felt it was important that there was some understanding and forgiveness between the two families otherwise this bitterness will carry through to the next generation.
“David is in a bad way at the moment because he’s an outdoor worker and he’s been shut up. But today he had his faith restored.”
Mrs McKay said her son would not return to Takaputahi.
Justice Duffy yesterday said it was important jurors consider whether Allen’s actions were reasonable when he pulled the trigger.
The Crown alleged Allen shot Mr Collier in the chest, firing from a short distance as the victim got into his vehicle.
Allen said Mr Collier arrived at the farm, armed with a wooden bat, and demanded $1000.
He said Mr Collier assaulted him, and threatened to have him and his family killed if he did not pay.
Allen said he shot Mr Collier as the victim returned to his vehicle and appeared to reach below the driver’s seat.
“Was force used to protect himself reasonable or were other options available?” Justice Duffy asked the jury.
During their deliberations, jurors returned to ask the judge whether a person could legally shoot someone without first seeing or establishing if the person had a deadly weapon.
Justice Duffy said that in some circumstances, yes, but “everything turns” on whether the accused believed the person had a deadly weapon.
Allen alleged Mr Collier was an associate of the Mongrel Mob and gang members regularly used standover tactics to intimidate farmers.
On August 31, 2007, two weeks before the fatal shooting, police and paramedics were called to the Takaputahi farm after Allen was severely beaten by two men.
Allen said the men assaulted him with a fencepost and demanded money.
In a taped interview at the Opotiki police station, following the shooting, Allen told police that he feared for his life.
“The point is I didn’t know if (Mr Collier) had a gun. I wasn’t going to take a risk with a gang member,” he said.
Speaking outside court, defence counsel Paul Mabey QC said the jury’s verdict vindicated Allen’s actions.
“He acted in self-defence and the jury accept that. David now just wants to get on with his life. In the past he said he had doubts about the justice system but he has now seen it in action.”

Jack

Tagged with: NZ Police, Wanganui District Court

2 comments

13 The flag pole

Posted in Bent Cops by Jack on 06/06/2006

BENTCOPSLOGO_02

25/12/93 NOTE THE DATE

1 THIS PAGE SAYS IT ALL PRETTY MUCH!

Britton and Hayden Irvine (on left wearing arm caste) parading a bogus flagpole on James’ land. Britton wanted us to believe it was the one he had stolen from our front lawn. Britton is holding the pole. They stayed there for about an hour until they realised we weren’t going to react to their provocation and they sloped off back to town. Photo taken from our house. About 20 witnesses saw this.
2

Britton waited a whole year to parade his bogus pole.

Then two years later I drove past Britton’s house in Mosston Road and standing there was the final proof that Britton is a liar and Constable John Grace is an idiot.

echo flag

NOTE the “Echo chainsaw flag” part way up the pole. Refer Offence Report form above.

grace flagpole

A gullible fool may have believed Britton’s claim that he found the flagpole in the creek and wasn’t sure if it was the flagpole or not, if the Echo chainsaw flag wasn’t attached part way up it.

IRVINE

___________________________________________________________
11 RESPONSES TO “13 THE FLAG POLE”
1. Relevance?
ZebuQueen

2. Shows a pattern of intimidation, harassment ect ect.
Jack

3. by Britton – not by the police – another example then.
ZebuQueen

4. Yes by Britton and the Police once again ignored the pattern.
Jack

5. The newspaper article is barely realted – so that’s just sensationalism. There is no proof they didn’t follow it up – and just because you’ve constructed a story and series of events in your head doesn’t mean its “obvious” to everyone else.
ZebuQueen

6. The newspaper article is there to show one and all what a moron Britton’s mate Irvine is. Remember that’s Irvine next to Britton in the Photo.
“just because you’ve constructed a story and series of events in your head doesn’t mean its “obvious” to everyone else.” So I’m lying am I? Where did I state “obvious”?
Jack

7. Get a life! Haven’t you got anything better to do like make a worthwhile contribution. The Police in New Zealand are highly regarded compared to other Police forces for example the Queensland Police. Everything you have referred to has been followed up and it sounds like you should be locked up for wasting tax payers money and Police time. If there wasn’t so many idiots like you in New Zealand then perhaps the Police could do their job. Get off your high horse and do something worthwhile with your life. ps: i bet you don’t publish this because your a one sided loser.
Macca

8. Have you read the Whom? comments in Feedback Macca?
“Everything you have referred to has been followed up” You’re talking crap again Macca this and many other incidents were not followed up properly.
Jack

9. Just because some regard the police in NZ highly compared with other countries doesn’t mean they’re good Macca. We have every right to expect our police to behave with integrity and fairness. They are public servants and are expected to show high standards. I reasonably expect the majority of the police force to carry out their duties according to the high expectations the taxpayer has of them, and especially those at the top who should be setting the best example possible. It is an unfortunate reality that there will always be some rotten police for whatever reason. What is not a reality though is that we should turn a blind eye to rotten police. We should speak up when we believe we have witnessed corruption or criminal behavour among police in fact. In this way we can help to bring the police force out of disrepute (and no-one can reasonably argue that our police force isn’t in disrepute at this point in time). We need protections for those people who do stand up as witnesses. We need consistency when police decide whether or not to prosecute. We need transparency in police dealings and we need accountability.
To say they’re better than some other well-known-to-be-corrupt police force only paints the NZ police with the same brush. And with current revelations as they are, I’m not prepared to say our force is better than Queensland’s to be honest.

ReasonableExpectations

10. Hayden robbed the place where he worked which was pretty shocking however his girlfriend Tracy was more or less grilled to pieces by the clientele, betrayal is seldom worth the “hit” – Hayden was jailed on that particular occassion and not as a result of the burglary he committed at his work place.
Macca – your statements are less than true – Colmar Brunton polls show less than 73 percent of New Zealanders trust the police with a staggering 32 percent of police stating they have a general lack of faith in the New Zealand Police force.
Incognito4now

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14 The Stalker

Posted in Bent Cops by Jack on 06/03/2006

BENTCOPSLOGO_02

Sergeant Gary Patterson refused to tell me what was in the blue plastic bag other than “It wasn’t a firearm”. I later found out that it was an axe. Why the secrecy? Britton came out of the gully without the axe. I’ve hidden a gun up there somewhere and I’ll be back some dark night? (Note how he’s carrying the axe.) He did a similar thing on 18/5/93 he walked up the same gully again and that time he was carrying a petrol can and the metal box he kept his explosives and detonators in. He was going to blow us up and then burn us down or maybe the other way round? That proved what his motives were. Photo taken from our house.

Harrassment Act 1997- FYI
pricey1267
Meaning of “harassment”
(1)For the purposes of this Act, a person harasses another person if he or she engages in a pattern of behaviour that is directed against that other person, being a pattern of behaviour that includes doing any specified act to the other person on at least 2 separate occasions within a period of 12 months.
(2)To avoid any doubt,—
(a)The specified acts required for the purposes of subsection (1) may be the same type of specified act on each separate occasion, or different types of specified acts:
(b)The specified acts need not be done to the same person on each separate occasion, as long as the pattern of behaviour is directed against the same person.
————————-
UK
Shot ‘gunman’ was carrying wood
The incident has been referred to the Police Complaints Authority
A suspected gunman shot dead by police in London was carrying a piece of wood in a plastic bag, the Police Complaints Authority has said.
The BBC’s Tim Donovan reports: “The man was shot twice”
Armed officers were called to Hackney, east London, on Wednesday night after a man was reported carrying a gun in a blue bag.
Officers, believing they were under “immediate threat” from a man fitting the description, opened fire and killed him.
However no weapon was found following a search.
The PCA confirmed more than one officer had opened fire after police were called to Victoria Park Road at 1944 BST.
They had been told by a member of the public that the man had left the Alexandra pub in the road with what was thought to be a gun in his bag.
‘Wooden object’
PCA deputy chair Molly Meacher, who was at the scene on Wednesday night, said: “After the incident it became apparent that the man had not been carrying a firearm.
“The plastic bag contained a wooden object.
“The investigation will examine exactly what was reported to the police and why, what the officers saw the man carrying, what actions were taken by the man and whether his actions justified the officers opening fire.”
The man, who has been identified by the BBC as Henry Stanley, who lived locally, was fatally injured in the shooting and pronounced dead at the scene.
It was the first time officers from the Met have opened fire this year.
A Scotland Yard spokesman said: “A man seen fitting the description was challenged by officers searching the area.
“It appears the officers believed they were under immediate threat from the man, and a number of shots were fired by police.
“It is not known how many at this stage. The man, who is white, was pronounced dead at the scene.”
Inquiry
As a matter of routine, the “principal officers” involved in the shooting will be removed from the firearms unit.
They will remain off the unit, but continue as serving officers, pending the conclusion of an investigation by Surrey police on behalf of the PCA, who were called in by the Met.
Ms Meacher agreed to the appointment of Surrey’s Assistant Chief Constable Peter Fahy to be the senior investigating officer.
An investigation into the circumstances of the shooting is also being carried out by the Complaints Investigation Bureau of the Metropolitan Police.
__________________________________________________________

7 RESPONSES TO “14 THE STALKER”
1. where do you get your info from
bob

2. If you write to the cops and ask them to “forward to you copies of all the information that you are entitled to pursuant to the official information act 1982, the cops have to give it to you and if they refuse you can apply to the Ombudsman to have the cops decision reversed.
Jack

3. ahh
cheers
bob

4. HEAD FOR THE HILLS! Someone who can’t be identified is carrying something blue that can’t be identified!!! THE WORLD IS ENDING! WE’RE ALL DOOMED!!!
ZebuQueen

5. That’s right ZebuQueen ignore the Police written facts.
Jack

6. but jack – the police lie… I can’t listen to what they say! a nice man on smile city told me that!
ZebuQueen

7. chirstchurch is a police state ive been picked on jus walking down the street minding me own business a number of times maybe its the brown skin.
while living in auckland ive never been harassed or even noticed by the auckland cops so thats got to say something.
Having been in trouble in my younger days some 20 years ago being held in the chch police station being hit on the back of the head with a phone book over a half hour or so by 4 different cops taking turns it sickens me to read in the news this kind of thing is still going on in chch. Not many people seem to come forward but if it was done to me 20 years ago and is still going on there must be thousands that have suffered abuse by the chch police. They make there own rules while they have u in the cells out of public eye.
It is this kind of abuse by the cops that moulds young people into a life
of rebelling against the system. 20 years on and i still hate the dirty low life scum for bashing me with a phone book for not telling them my name.
and it still rings in my ears there voices of them calling me a dirty black nigger. They are true scum
barry

Tagged with: Angus Mars, Bent Cops, Donald Britton, Hugh Speed, Mike O'Keefe, New Zealand Police, Ombudsman, Police Commissioner, Police Complaints Authority, The Independent Police Conduct Authority

1 comment

34 COCK-UPS

Posted in Bent Cops by Jack on 21/06/2005

Knife found days after police hunt

05 October 2008

The knife police believe was used to fatally stab Good Samaritan Austin Hemmings was found by a contractor metres from where his body lay after an officer “forgot” to properly search the crime scene after working for 40 straight hours.

The blade was discovered by a garbage collector in a nearby rubbish bin five days after the hero dad-of-three died, Sunday News was told. The contractor found the knife under cardboard in the bin, which remained unchecked inside the police cordon.

And Sunday News can also reveal the man charged in connection with Hemmings’ death had been deported from Australia in 2002.

Inquiry head Detective Senior Sergeant Gerry Whitley admitted on Friday the knife had embarrassingly remained undiscovered under the noses of investigating officers.

“There are always moments in a homicide investigation where things don’t go to plan and this is one of those,” Whitley told Sunday News.

An internal inquiry had already been completed into why the officer carrying out a search of the area did not discover the knife in the nearby bin.

“And the simple answer to that is the person that was instructed to look in all those areas worked 40 hours straight, and when he came back from having a sleep he forgot to search this particular area,” Whitley said.

He wouldn’t elaborate on why the officer had worked a 40-hour shift, but said he wouldn’t be facing disciplinary action.

National’s police spokesman Chester Borrows last night said it was totally unacceptable for police officers to be working such long hours. He said the government had failed to adequately resource an overworked police force.

“New Zealanders will read about this and know the incident raises very serious questions,” Borrows said.

The bungled search is likely to spark more questions over police competence and staffing levels, with parallels between the delayed discovery of the knife in the Hemmings’ case and that of the investigation into the disappearance of Auckland mum An An Liu the mother of abandoned toddler Qian Xun Xue, dubbed “Pumpkin” whose body was found in the boot of her husband’s car two days after officers began searching for her.

“The public tolerance for this level of performance is zero,” Borrows said.

But Whitley said it would be wrong to draw comparisons between the Hemmings case and the investigation into the death of An An Liu.

“Every homicide investigation is different. The police are human beings, we cannot be 100 percent perfect all the time,” he said.

The most important thing was the fact the knife had been found, not how it was found.

“I would have loved the police to have found it but we are very lucky that just after we stood down the cordon the contractor came in to get what they were going to pick up,” he said.

Hemmings, 44, was stabbed to death 10 days ago after rushing to the aid of a distressed woman, who was trying to fend off an attacker outside her workplace in Auckland’s Mills Lane.

Eleven hours after the fatal stabbing, police arrested a transient man and charged him with assault. He is expected to face a murder count when he reappears in court on October 17.

For legal reasons, Sunday News is prevented from publishing details of why the man was deported from Australia.

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They’re only sorry their dirty/evil operating methods have been exposed.

July 09, 2008

It was “inexcusable” that the criminal who killed Debbie Ashton was out on parole when he caused the car crash that killed her, Acting Police Minister Phil Goff has said.

Twenty-year-old Debbie Marie Ashton died in December 2006 after Jonathan Alan Barclay’s speeding car crossed the centre line on Paton Rd, Hope, and crashed into her vehicle.

Barclay was a recidivist offender who had evaded prison by using his new identity under the police witness protection programme to be treated as a first-time offender.

State Services Minister David Parker today released the results of a Government inquiry launched last October into the circumstances around Debbie Ashton’s death.

Kristy McDonald QC found a series of system failures and errors by staff within both Police and Corrections led to Barclay remaining in the community and driving a car when he should not have been.

Phil Goff said the human errors should not have been allowed to happen.

“Systems should have been in place to avoid such errors leading to the tragic consequences which occurred in this case,” he said in a statement.

“Corrections and police accept in full the criticisms made and the recommendations to remedy the deficiencies that existed in the area of dealing with offenders who were witnesses and under the witness protection programme,” he said.

“The offender should have been recalled to prison when convicted of driving with excess breath alcohol and the decision not to was inexcusable,” Mr Goff said.

“Protection of identities under the witness protection programme is important but the paramount obligation of Corrections and police is to the safety of the community.”

He said fundamental changes had been made to the management of offenders on the programme who were on parole.

“I am assured by both Corrections and police that the recommendations if the inquiry to prevent any further tragedies of this nature will be fully implemented.”

Parents critical

Ms Ashton’s mother, Judy Ashton, said this morning she felt far from satisfied after the release of the report and apologies from Police and the Department of Corrections.

“This is like looking into a muddy puddle. I can’t see what is at the bottom of it. I don’t know what changes they have made, and how do we check those changes have been made?” she said.

“We relied on them to get it right the first time, so what’s to say they are not going to mess up a second time.”

Police and the Corrections Department had admitted they had got it wrong, she said, but “only after we have had to push….only after we started rattling chains”.

Mrs Ashton said the agencies had to have been aware when Barclay was sentenced to 5 1/2 years’ jail for manslaughter last year what had happened.

“And nobody made any attempt to come and apologise to us or talk to us until we started pushing for this inquiry,” she said.

It had taken nearly six months to get the draft ministerial report, and another seven months to get it finished.

“And these have been the longest seven months of my life.”

Mrs Ashton said she had not yet even been able to grieve for her daughter.

“If I had let myself go down that track, I wouldn’t have had the energy to (pursue the inquiry). That’s something I need to deal with once this has got some kind of conclusion.”

In a joint statement with her husband, Ted Ashton, she said: “We are so angry that an incompetent justice system allowed a convicted criminal on parole to run riot until he killed our daughter.”

“The part that hurts so much is that her death was totally preventable if police and Corrections had done their job properly.”

Report’s findings

Barclay had been relocated to Nelson in May 2006 under the police witness protection programme and given a new identity.

A Crown request for continued suppression of Barclay’s real name in connection with the programme was today rejected by Justice Simon France, who said the suppression covered only his assumed name.

In November, a month before the fatal crash, Barclay was convicted of driving with excess breath alcohol in the Nelson District Court. He was fined and disqualified from driving.

He failed to tell the police or the court his previous identity, and was dealt with as a first offender.

However, a month earlier, he had been disqualified from driving for 18 months and warned he would go to jail for further driving offences, after disclosing his previous name and his involvement with the witness protection programme.

Ms McDonald said there were no steps taken to ensure Barclay’s real identity was known by the court.

“There were no steps taken to ensure this did not happen or to ensure that the court knew his birth name, that he was on parole, or that he had previous convictions,” she said in her report.

“Not only have I concluded that there were a series of mistakes made by individuals, more significantly I have found that the systems, policies and practices in place at the time by the Department of Corrections and police were inadequate and contributed to these events.”

She said there were failures in communication between government departments and within departments there was a lack of clarity on reporting lines.

“Further, there was a failure within the Department of Corrections to provide proper direction and oversight to those managing a parolee in circumstances such as those that arose in this matter.”

‘Poor decisions’

Police National Manager of Crime Services, Superintendent Win van der Velde and Katrina Casey, General Manager Community Probation and Psychological Services this morning apologised for the mistakes.

“Katrina and I have recognised the role our respective agencies have played in the death of Debbie Ashton and we have both apologised in person to Debbie’s parents and family and expressed our deepest regret for their loss,” Mr van der Velde said.

He said staff managing Barclay’s parole put too much emphasis on the “covert nature” of the Witness Protection Programme.

“This approach meant the offender was not adequately managed and poor decisions were made at a number of key junctures.”

The technology available meant Barclay’s previous convictions were not linked to his new identity and communication between Corrections and Police was “inadequate”, Mr van der Velde said.

Ms Casey said it was important both organisations learned as much as they could from their mistakes.

“It’s an unfortunate reflection of the types of people we are managing, that when mistakes are made the consequences can be tragic,” she said.

“In this case, both agencies have made significant changes to address the deficiencies identified during this inquiry and we are committed to working together to ensure we keep our communities as safe as possible.”

Ms McDonald said all the individuals she had spoken to, and who had made mistakes, regretted them bitterly.

She said the majority of people under the witness protection programme had criminal backgrounds, often very serious ones.

“I have been told it is a necessary part of policing…and I have accepted this,” she said.

“What is clear though is that if police wish to maintain such a programme…a high level of monitoring and supervision of those individuals is required.”

‘Changes made’

Ms Casey said both agencies had addressed a number of the issues raised in Ms McDonald’s report – which was released to Government ministers last December – and the work was ongoing.

Corrections had developed clearer guidelines for the management of offenders on the Witness Protection Programme.

They included requiring all offenders on the Witness Protection Programme to be put on the Offender Warning Register.

Police had strengthened policy around the recording of contacts between witnesses and their case officers and the review of cases on “a weekly and monthly basis”.

They had also introduced an electronic monitoring system to ensure any contact between police law enforcement and a witness was automatically and immediately notified to the Witness Protection unit and National Manager.

Both agencies said they had developed clearer lines of communication with each other.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Police get blame for P-attack on widow

July 05, 2008

A High Court judge has criticised police, blaming an attack on an elderly Howick widow by a violent P-fuelled man on a “chronic and unacceptable” blunder at Henderson police station.

Brett Stuart Wellm, 44, was sentenced to at least 17 years of preventative detention in the High Court at Auckland yesterday.

He previously admitted what Justice Rhys Harrison described as a “barbaric” attack on 83-year-old Howick woman Francis Gavin.

Wellm tricked his way into Mrs Gavin’s home with a bible before binding her hands and legs and attacking her with a pair of hedgeclippers and a spade in November last year.

He stole jewellery and alcohol from her home and left her for dead before setting her home on fire.

Justice Harrison said yesterday the attack would never have happened if police had a warning on their system noting that Wellm was wanted.

Wellm had absconded from his home detention from an earlier offence and had been recalled to prison by the Parole Board – a fact that Community Probation and Psychological Services says it advised Waitakere police of by fax.

Just a month before the attack, a non-sworn police staff member found no record of the warrant for Wellm’s arrest and turned him away when he tried surrendering himself in at Henderson station.

“There was no warrant in existence,” Justice Harrison said. “You were allowed – or in fact, I assume, invited – to leave the police station.

“[However], that can not explain why the non-sworn officer sent you away.

“At the very least, you should have been detained or referred to a sworn police officer.

“These crimes would never have occurred but for those chronic and unacceptable defaults.

“It will be for the authorities separately to consider the appropriate steps.

“I can only hope that they implement measures to ensure that an error of this magnitude is never repeated.”

Justice Harrison said Wellm had a “formidable list” of violent and premeditated offending.

“You display all the traits of a psychopathic offender who will continue to display crimes of serious violence as long as you are able,” Justice Harrison said.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Police concede poor prosecution

24 May 2008

Police have conceded errors were made in the prosecution of accused rapist Aaron Farmer, but say that played no part in his conviction being quashed.

Farmer, a 38-year-old beneficiary, was found guilty by a jury of raping a 22-year-old South Canterbury woman as she walked home to Sydenham, Christchurch, after a night out on the town on September 1, 2003. He was sentenced to eight years jail in 2005.

However, the Court of Appeal quashed the conviction last year on the grounds that the jury did not get to hear important alibi evidence that may have swung the verdict, and a fresh trial was ordered.

Farmer was freed last June, after serving two years in prison for a crime he vows he did not commit.

Then came a dramatic twist in the case. Traces of DNA obtained from the victim’s cervical swab and fingernail scrapings were retested this year using updated, more sensitive techniques in the lead-up to the new trial. The results excluded Farmer as a donor of the DNA.

Last month, the Crown agreed to the retrial being dropped, saying the victim did not want to give evidence again.

The Christchurch District Court and the Court of Appeal criticised the police over aspects of how they handled the case. The Crown Solicitor also complained to the police after the trial about the officer in charge of the case, who has since left the police.

A month after The Weekend Press broke the story of Farmer’s freeing, the police have decided to front up to the criticisms.

Inspector Malcolm Johnston, Area Commander for Christchurch South, has reviewed the police file and found problems with the prosecution phase, rather than the investigation.

“I and the Crown Solicitor agreed that the investigation itself was very well done.

“There was a solid, yet circumstantial case against Mr Farmer. The prosecution phase, however, was particularly poor. But none of the shortcomings criticised by the courts played any part whatsoever in this man having his conviction quashed,” said Johnston.

“The Court of Appeal’s decision to quash the conviction was based solely on the inadequacies of the defence, rather than the police.”

The police’s case was that the woman got a clear look at her attacker for a good two minutes while he was on top of her. The rapist had very distinctive facial features which she described as “rat-like”. He was riding a trailbike around the city on a Monday between 2am and 3am when the woman was grabbed behind bushes on the corner of Stanley and Colombo streets.

“There were very few people around the city at this time of the morning,” said Johnston.

“If we were to write up on a board the similarities between the attacker and Farmer they are that both were male, Caucasian, aged in their late 30s, tall, wearing similar clothing, long hair, a white helmet and riding a trailbike.

“The complainant was adamant at trial that it was Farmer.”

Of the judge’s criticisms in court:

Police were criticised over failing to have exhibits in court, inadequate briefing of witnesses, and late disclosure of evidence.

Johnston said: “These are housekeeping matters and that is what I meant by aspects of the prosecution phase being poor. This is really sloppy. It does our reputation no good at all and was used extensively by the defence counsel at trial in an attempt to pick holes in our case.”

The interviewing police officer was criticised for conveying to Farmer during a videotaped interview that police had recovered his DNA from the victim, when they had not. The late Judge Murray Abbott said if Farmer had admitted the rape under those circumstances, a judge would have ruled the admissions inadmissible because they had been obtained unfairly.

Johnston agreed. “The detective should never have put to Mr Farmer that his DNA had been found. Clearly this is wrong. The detective was spoken to at the time and he immediately acknowledged it and apologised. He is an excellent police officer who took this criticism on the chin, learned from it and moved on. I don’t know why he did it. There’s no point in bluffing someone or lying to someone because it’s all on video and it is an absolute waste of time.”

Police were criticised over not having an identification parade.

Johnston: “It’s taken on board but it must be tempered by the fact that the identification parade is not compulsory. What the officers did wrong was that back in 2003 it was police policy for suspects to be offered an identification parade. I have spoken to the officers concerned and they tell me that they didn’t think they could get seven other people in Christchurch similar-looking to Mr Farmer and they felt it would be totally unfair on Mr Farmer if they were to have held an identification parade, bearing in mind how distinctive looking Mr Farmer is. I appreciate where the officers are coming from, but they should have offered Mr Farmer the opportunity of a parade. In the 28 years I have been in the police in charge of numerous homicides, thousands of sexual attacks, robberies and assaults, I have never had a suspect who wants to go into an identification parade.”

Johnston, who is the Canterbury police’s spokesman on DNA, also commented on the fresh DNA evidence which Farmer’s defence counsel, Simon Shamy, used to get his client discharged.

Forensic scientists from Environmental Science and Research (ESR) used a new technique which targets male DNA the Y chromosome and is particularly useful with mixed DNA samples.

Johnston said the technique involves pooling the Y chromosomes from all contributors.

“It is problematic for ESR to identify specific contributors from the final pooled DNA profile. There are a number of scenarios that exist, but involve speculation. One of the scenarios is that Mr Farmer is not the attacker.”

Johnston said police were still analysing the DNA evidence when Shamy applied for his client to be discharged.

Johnston said a “blond hair” found in the pubic hair of the victim, which Shamy raised as an issue after a reference in ESR documents, was not a hair. “In fact they were clothing fibres. And this was established at the initial trial.”

After the 2005 trial, Johnston reviewed the 10-prong complaint from the Crown Solicitor concerning the detective in charge. Johnston upheld five points and made recommendations.

The detective resigned before the matter was resolved.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Detective rejects ’shoddy’ murder inquiry claim

May 29, 2008

Yesterday’s not guilty verdict in the Jack Nicholas murder trial came as a surprise to police who worked on the case, Eastern District crime manager Detective Inspector Sam Aberahama said today.

Mr Nicholas was gunned down on his remote farm northwest of Napier on August 27, 2004.

After deliberating for 13 hours, a High Court jury found Murray Foreman, 51, not guilty of the dawn murder.

The jury added the rider that it did not believe any member of the Nicholas family was involved in the shooting.

The defence team had implicated Mr Nicholas’ son, Oliver, during the trial.

Mr Aberahama said police were disappointed by the verdict, but accepted the court’s decision.

“This has been a lengthy and difficult inquiry and my staff have worked tirelessly to bring someone before the courts, but we must accept the jury’s decision as due judicial process,” Mr Aberahama said.

He rejected criticism by Foreman’s defence counsel that they conducted a shoddy inquiry, focusing on one person only during the course of the investigation.

“That is absolutely incorrect and has no basis of fact. There were many phases to the investigation that were thoroughly examined,” Mr Aberahama said.

Foreman’s counsel, Bruce Squire QC, today lashed out at the police investigation, labelling it “shoddy” and “selective”.

He told Radio New Zealand police had made the “fatal flaw” that characterised many investigations of picking a particular individual and trying to fit a case around them, instead of thoroughly investigating a crime and remaining open minded until all the evidence was clear.

“They simply picked the wrong man and they should have known it long before they charged him,” Mr Squire said.

Mr Aberahama said police would have a debriefing and would critique the investigation and in that respect, the case was not closed and police would follow up any new information.

“There is no new information for police to work on at this stage, but if anything new comes to light, we will gladly look into it,” he said.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Was John Tims a Detective INSPECTOR prior to this cock-up?

Police adamant they charged the right person

May 23, 2008

Police are adamant they arrested the right person for the murder of the Kahui twins and say they will not be charging anyone else, including the babies’ mother, Macsyna King.

“There is no evidence to support a charge against any other person and that includes the mother, Macsyna King,” inquiry head Detective Inspector John Tims said last night.

“Everyone that was at Courtney Crescent [Mangere] over that weekend was considered a person of interest and we thoroughly investigated each person until we identified Chris Kahui and made the arrest.”

Mr Tims said the view that Mr Kahui was responsible had not changed after his acquittal and there were no plans to reopen the investigation or act on defence claims that Ms King was responsible.

“There is no new evidence. The defence brought no new evidence to trial, there will be no further investigation into this matter. As far as I am concerned the matter is closed – the jury has made their decision.”

Mr Tims said he was disappointed by the verdict but accepted the decision and thanked the jury for sitting through six weeks of evidence.

When asked if police had charged the wrong person with the twins’ murder, he said: “The jury has listened to six weeks of evidence and they have acquitted Chris Kahui. There is no new information that indicates anyone else is responsible for the death of the twins.”

Mr Tims is adamant that the evidence gathered during the investigation eliminated Ms King, despite defence claims she was responsible.

The defence called a witness who claimed Ms King had confessed to the murder and that confession was recorded on his cellphone.

However, Mr Tims said police had spoken to that witness and discredited the claims after analysing his phone and finding no such trace of the alleged confession ever having been recorded.

Mr Tims said the fact that Ms King might have been in the area on the night the twins died – despite initially saying she was nowhere near them – did not make her the killer.

While cellphone records indicated she was in Mangere that night, Mr Tims said, the time of the call did not match the time the crown pathologist says the injuries were inflicted so again the evidence did not fit.

Mr Tims said the decision to arrest and charge Mr Kahui was not taken lightly and happened only after the file had been thoroughly reviewed.

“There was a four-month investigation. During that time there was consultation with the Crown and medical experts. Based on the evidence gathered during the investigation, the Crown decided there was sufficient evidence to charge Chris Kahui.”

Responding to defence claims that the police investigation was a “disaster”, Mr Tims said, “Maybe it was just for the purpose of the courtroom.”

There was no forensic evidence to help to find the babies’ killer and the family’s “code of silence” during the initial months of the inquiry did not help the investigation run smoothly.

“But what I would say is that with any child death, those involved … are normally related to the dead child. With this comes the problem that the family have loyalties to each other, not always to the dead child.”

WHERE THE POLICE CASE FAILED

* Crown said Chris Kahui was responsible. Defence said Macsyna King was responsible.
* Crown said Macsyna was nowhere near the babies when they were injured. Defence proved otherwise by producing Emily King’s cellphone records that showed calls were made from Mangere. Macsyna was with Emily all night.
* Crown medical experts said the twins would have shown symptoms minutes after they were assaulted. Defence experts said injuries could have occurred several hours before symptoms showed.
* Defence said police failed to follow up claims by Macsyna’s former partner that she confessed to him and it was recorded on a cellphone. Police say they ruled out its significance after analysing the cellphone and finding no such recording was made.
* Macsyna was not interviewed for several months about the alleged confession because of police’s heavy workload. Police say the allegations were not proven and she had already been interviewed several times.

______________________________________________________

May 09, 2008

The detective who arrested Chris Kahui for his sons’ murders has admitted police were too busy with a wave of violent crime to re-interview the twins’ mother about a development in the homicide inquiry.

Detective Sergeant Chris Barry told Kahui’s High Court murder trial yesterday police spoke to a man, who cannot be named for legal reasons, in August last year.

Kahui denies murdering Cru and Chris Kahui in June 2006 and has been on trial for the past four weeks.

Mr Barry said police “became aware” the man could have information relevant to the case and met him. As a result of that meeting Mr Barry said police investigating the twins’ murders wanted to re-interview the babies’ mother Macsyna King.

At the start of the trial Kahui’s lawyer, Lorraine Smith, told the court the man would say that Ms King confessed to killing the babies.

But police resources were so stretched that the interview never took place over the following eight months until the trial began.

“What I did want to do was try and conclude the investigations around what [the witness] had told police and I felt it was important that in respect of what he told us that we needed to re-interview Macsyna King,” he said.

“We wanted to re-interview Ms King but were under significant pressure at work supervising a squad of eight detectives.”

That team was dealing with a number of sex offences in Counties Manukau and then became swamped by a series of murders. “I was called out on the weekends on three occasions to deal with homicides,” he said.

Police didn’t get to interview her, and Mr Barry said he was conscious the man’s statement needed to be disclosed to Kahui’s defence team and Crown prosecutors.

It was eventually disclosed just six weeks before the trial began.

Crown prosecutor Richard Marchant put it to him that the timing was far from ideal.

“In an ideal world I would have liked to have provided it earlier than that … unfortunately that’s not the reality of the situation.”

Kahui’s defence lawyers are expected to open their case today.

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DNA evidence frees prisoner after two years

26 April 2008

A man who served two years in prison for the rape of a young woman in central Christchurch has been freed after fresh DNA tests appear to exclude him from the crime.

Aaron Lance Farmer, a 38-year-old beneficiary, was found guilty by a jury in April 2005 and sentenced to eight years jail for a rape he vowed he never committed.

A 22-year-old woman was dragged off Colombo Street into bushes and raped by a passing motorcyclist as she walked to her brother’s Sydenham home after a night out in the city on September 1, 2003.

“She was attacked – I believe that – which means that someone who attacked her is out there walking free and I did the time for their crime,” said Farmer, who has a criminal and psychiatric history.

The Court of Appeal has identified several problems with the trial, including that important alibi evidence which may have swung the jury was not presented by the defence.

Farmer was freed from jail on bail last June after the judges quashed his rape conviction and ordered a retrial. The judgment was suppressed until after the new trial.

In a dramatic twist this week, the Crown agreed to the retrial being dropped. It was due to begin in the Christchurch District Court on Monday.

Traces of DNA obtained from the victim’s cervical swab and fingernail scrapings were re-tested this year using more sensitive techniques.

The results excluded Farmer as a possible source of the DNA.

Farmer’s new defence counsel, Simon Shamy, applied last week to have his client discharged under the Crimes Act and, on Tuesday, Farmer was acquitted.

The Crown said it agreed to the discharge because the victim did not want to proceed with a second trial.

Farmer said it was an enormous relief after insisting for years that police got the wrong man.

“I didn’t do it,” said Farmer, whose previous convictions include disorder, trespass and assault.

“The police should put a proper effort into finding who did. They had a description back then and they should have done their job.”

Detective Inspector Paul Kench said the police were involved in the Crown’s decision.

“On this particular occasion Farmer was found guilty by a jury of his peers after evidence was presented in court. This conviction has now been quashed on appeal and no retrial will take place,” he said.

“The complainant wishes to move on with her life and we respect her wishes.”

The police investigation had been reviewed by a senior detective in 2005 and would be looked at again, following the conviction being quashed. The investigation would not be reopened.

“We have relooked at things over what’s been going on in the last few weeks but in terms of reopening the investigation and going out searching for something else, the reality is we’d be wasting everybody’s time,” Kench said.

The Court of Appeal judgment said the Crown’s case was not strong. It relied heavily on the accuracy of the victim’s identification of her attacker.

The Appeal Court highlighted that in a taped interview with Farmer, the detective gave the impression that DNA evidence implicated Farmer when it did not.

An incorrect impression was also given over the victim’s identification of his clothing.

The conviction was quashed on the grounds that the jury did not get to hear important alibi evidence that may have swung the verdict.

The appeal judges said although the evidence of a witness did not exclude the possibility that Farmer raped the woman, if accepted by the jury, it narrowed the “window of opportunity”.

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111 failure: Police weren’t sent to knife-point robbery

26 February 2008

Police have blamed the failure to send a patrol car to a 111 call from a customer witnessing a knife-point robbery on an inexperienced operator.

Jo Anthony called 111 from her cellphone just after 5pm on Saturday when two men with a knife entered a dairy in Omokoroa Beach in the Bay of Plenty.

She told the Bay of Plenty Times the operator, in the Auckland-based northern communications centre, ended the call saying “Ok, thanks very much,” and no police car arrived.

Police eventually visited the dairy yesterday.

Communications centre national manager Superintendent Steve Fitzgerald said police should have made the incident a priority and attended it.

“Certainly if I look at our volume of calls, the amount of mistakes, which do happen, and mistakes will happen from time to time, they are very very small, not that that would provide much comfort to the residents of Omokoroa.

“Principally we had a younger call taker, somebody who hadn’t been there that long, and who made an error of judgment,” he said.

The robbers fled the store, dropping a charity box they had stolen, and made their getaway in a blue station wagon.

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Police errors slowed hunt for murderer Burton – watchdog

Police should have acted with more urgency to serve arrest warrants on paroled convicted murderer Graeme Burton, the Independent Police Conduct Authority has found.

However, Authority head Justice Lowell Goddard today said it would be conjecture to assume the police beginning to hunt for Burton sooner would have prevented the crime spree which ended with Burton murdering Wainuiomata father of two Karl Kuchenbecker on January 6, 2007.

” I have to emphasise we cannot speculate about what might have happened had police stepped up their efforts sooner. It cannot be said that a different response from police would have resulted in Burton being found and being apprehended earlier,” Justice Godddard said.

The report said once police did act on the arrest warrant for Burton, their response was swift and appropriate. There was no criticism of the two officers who came face to face with Burton on January 6 – an encounter which ended with Burton being shot and severely wounded.

Burton’s life was possibly saved by the care he received from medical officers, the report said. His wounds resulted in his right leg being amputated.

The report said it was correct procedure for the two officers involved with the shooting to have been armed, and praised their bravery in confronting the heavily-armed Burton.

“We are making some criticisms of police in this report, but it is important to remember that Graham Burton is the real culprit here,” Justice Goddard said.

The report found police were too reluctant to put information they had about Burton’s illegal activities – including claims he had committed a series of armed assaults on Wellington drug dealers – into an affidavit to assist with an early recall to prison.

They also failed to note two arrest warrants for Burton until more than a week after the first had been issued.

The report said the Probation Service asked for an affidavit on Burton’s suspected activities on November 30, but police declined, fearing it would reveal the identities of their informants.

The report said police could have given an affidavit based on partial information that did not reveal the identity of their sources.

Police began an official investigation into Burton on November 28, a day after the Parole Board told them they would immediately recall Burton to prison if fresh charges were laid against him.

However, the report said crucial errors were made.

It found police failed to up the ante on Burton when an arrest warrant was issued by the courts, on December 22, due to Corrections Department legal action over his parole breaches.

A missed phone message meant police were not aware of it until after a second warrant was issued by the courts on December 29 – effectively recalling Burton to prison – which was faxed to Wellington central police station.

Even then, police took three days to properly action the warrant.

The report said there were inadequate lines of communication between the Probation Service, the Parole Board and police, but that police should have been aware of the developments anyway if they were paying proper attention to the case.

“It would appear that although some police members knew that a warrant had been issued as early as December 22 and there was an operation in place to locate Burton, no one took an active interest in or ownership of the situation, which then resulted in an unreasonable delay.”

The report also faulted the Parole Board notification to police on December 29, saying it lacked a clear indication of the urgency of the situation.

The report recommends:

* Police review their management and handling of arrest warrants to avoid delays apprehending high risk offenders;

* that police and the Corrections Department, which incorporates the Probation Service, review how they collaboratively handle high risk offenders;

* police ensure that all staff are aware of their powers to arrest some parolees without a warrant;

* police and Corrections review how they handle sensitive information like that the Corrections Department wanted police to put in an affidavit.

The report also looked at how police dealt with Burton on the day he was arrested.

That section of the report found police acted entirely properly in shooting Burton after he confronted police sent to arrest him.

The report details how the first pair of police on the scene after the reported shootings in firebreaks between Lower Hutt and Wainuiomata, called for a cordon to be set up around entry and exit points.

However they were then confronted by a shotgun-wielding Burton as they sought to get out rifles from the boot of their police car.

They initially backed off.

When they returned Burton was taking the police rifles out of the boot of the police car.

When they called out “armed police” Burton looked up and pointed a weapon at one of the officers.

An officer fired at Burton three times, incapacitating him with a shot to the leg.

Burton has since been sentenced to preventive detention for the murder of Mr Kuchenbecker.

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Police errors helped rapist continue offending

February 16, 2008

A rapist who continued to offend while on bail was helped by “catalogue of errors” by police during their investigation.

Fanuaea Leatigaga sexually violated a 15-year-old schoolgirl and raped a 21-year-old pregnant woman at knifepoint before being caught, The Press newspaper reports.

He was jailed for 11 years on multiple sex charges, including two rapes.

An Independent Police Conduct Authority investigation in December highlighted a “catalogue of errors” by police, including not assigning temporary responsibility for files while officers were on leave and failing to identify the offender through the police intelligence (Intel) system.

The mother of a 16-year-old victim who phoned police twice with the offender’s car registration is devastated she was unable to prevent two more victims being harmed.

Police did not follow up on the car registration number, despite being given it on two occasions.

The mother who gave police the registration number said “had the police acted on my information, the offender would not have had the opportunity to carry out these two horrendous crimes.”

The mother first reported Leatigaga’s registration number to police after he was spotted driving a car. Nothing was done.

Five days later, Leatigaga sexually violated a 15-year-old girl in the grounds of Aranui High School.

A few days after that, the 16-year-old saw Leatigaga again in the supermarket where she worked. Her colleagues again noted the registration number and it was reported to police the next day. Nothing was done.

The day after the number was reported for the second time, Leatigaga broke into a Linwood home and raped a 21-year-old pregnant woman at knifepoint.

Leatigaga was eventually caught and admitted two rapes, three counts of sexual violation, one of indecent assault and aggravated burglary.

He was jailed for 11 years, with a seven-year minimum non-parole term.

Police said Leatigaga was on bail at the time, which the crown had opposed. Had he been brought before a court, it was probable that he would have been bailed again.

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Oops: Cop shoots up station

Wednesday, 23 January 2008

A Palmerston North police firearms instructor is in the gun after a live round was fired in the city’s Church Street station late last year.

It happened when a police officer was being trained in the use of a newly issued semi-automatic .223 known as the M4 Bushmaster.

The bullet penetrated an internal wall and flew over the head of an officer sitting in the adjacent office before disintegrating as it smashed through an outside window.

But acting city police chief Peter Thurston denied it was a narrow miss, as suggested in information provided to the Manawatu Standard.

However, he was quick to agree that any accidental discharge of a gun was bad news anytime.

There was an internal investigation into the incident – believed to have occurred in November – and the instructor will be disciplined.

Mr Thurston couldn’t say what would happen to him because a recommendation hadn’t yet been acted upon.

Mystery still shrouds how a live round came to be in the gun the police officer was handling.

All practice rounds, known as drill rounds, were accounted for, Mr Thurston said.

Drill rounds are in effect blank or dummy rounds, which are used for such training purposes.

Mr Thurston said there was no danger to the public because the fragmenting round, which was not found, either landed on a roof at the back of the station, or on empty ground.

The policeman involved in the incident was one of a group of about three who was doing “transition” training because he wasn’t on duty when the new guns were introduced, replacing a bolt-action .223 weapon.

He was having one-on-one training at the time, called stoppage drills.

The instructor had loaded the magazine so the presence of a live round was his responsibility.

Mr Thurston said as a result of the incident, police throughout the country were told to inspect and audit their drill rounds to make sure no live bullets got into the process elsewhere.

He said as far he knew nothing like the Palmerston North incident had happened anywhere else.

“It’s never happened before. It was a one-off,” he said.

But a worried source told the Standard: “I am concerned that members of the public are at risk.

“Are they still training this way today?

“And if they are, are they going to do anything with regard to the safety of training with firearms?”

Mr Thurston said the officer should obviously have taken more care.

The location of such training in the station is now being looked at so that in the unlikely event of anything like it happening again, nobody would be at risk.

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The 111 call system is again under attack after it took police more than an hour to get a patrol car to an Auckland home where two distressed and partially dressed teenagers ran screaming for help at 6am yesterday.

The teenagers – one wearing only a towel – ran to the property to call 111 after their first emergency call cut out. They said people in a nearby house in Haverstock Rd, Sandringham, had taken their car keys and held them in the house against their will.

The house is believed to be occupied by King Cobras gang members and has become what nearby residents have called a “house of terror”.

Police, who were told not to go to the home the 111 call was made from because the occupants were scared it could identify them, are said to have arrived there anyway.

But in an apparent blunder reminiscent of the Iraena Asher case, they took an hour to get there and had received four further phone calls before then. The teens ended up calling a taxi and left before police arrived.

Residents at the home the girls ran to are fearing for their lives because one of the gang affiliates was caught trying to get into the property at 8.30am yesterday. He left when he was yelled at by a neighbour.

“It’s one of these houses of hell. It has a long history,” a Neighbourhood Support member said. “The residents in that part of the street are terrified.”

He said he was concerned by yesterday’s slow response from police, the fact that the first call was cut off with no one calling back to ensure the girls’ safety and that police went to the home where the call was made despite being told not to.

He said he called 111 about four times and had to repeat details of the incident every time.

“I still think people’s lives were at risk. It sounded to me like it was just a complete shambles.”

The Neighbourhood Support member will be laying a complaint with the Police Complaints Authority.

He was further disappointed because the incident occurred just three days after a Neighbourhood Watch meeting during which police told residents to call 111 to report problems they had raised about the gang house.

Inspector Willie Taylor of the police northern communications centre said he had called for an explanation from staff.

A cursory look showed some inconsistencies in the details between the first call to police made by the girls and the calls made by the neighbour, which could have been a factor in the attendance of the incident.

But Mr Taylor said that still did not explain why it took an hour.

IRAENA ASHER

* On October 10, 2004, Iraena Asher called 111 asking for help.
* The police call centre dispatcher sent a taxi to collect her from Piha.
* The taxi went instead to Paihia Rd, Onehunga.
* A review of the 111 system was launched after her disappearance.
* Her body has never been found.

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Police blunder leads to attack on widow

02 December 2007

The man charged with brutally attacking an elderly widow on Monday tried to give himself up to police just weeks earlier, but was sent away because nobody could find the arrest warrant issued after he absconded from home detention.

Four weeks later the man allegedly used a Bible to trick his way into his 83-year-old victim’s house, then left her bound hand and foot, face down and unconscious in a pool of blood in the basement of her Auckland home after setting the top floor alight.

Police have apologised to the woman for what they described as a “notification systems failure” which occurred after the man and a friend went to Henderson police station on October 30 at 6.30am to hand himself in.

It is the latest in a series of blunders and miscommunications between court and parole officers and the police which have left violent criminals free to reoffend.

Last week, the Wellington coroner heard how a warrant to arrest Graeme Burton lay in court and police in-trays for 13 days, delaying the search for the convicted murderer who then killed again.

Last month there was public outrage about bail laws after Michael Curran was convicted in Rotorua of murdering two-year- old Aaliyah Morrissey while on bail awaiting trial for the manslaughter of Natasha Hayden in January 2005.

And a ministerial inquiry is being held into how Jonathon Allan Barclay, a 26-year- old with 27 convictions, came to be on parole when he killed Debbie Ashton in a head-on smash south of Nelson, last December.

In the latest case, a warrant had been issued for the man’s arrest on October 23 after the Parole Board was alerted to the fact he had absconded while on home detention.

Waitakere police commander Inspector Mark O’Connor confirmed that when the man, 43, tried to give himself up at the Henderson station the night shift attendant allowed him to walk free after finding no computer record on him.

Later that day the man’s friend phoned his probation officer to tell her what happened.

After the phone call, Corrections staff sent police another copy of the warrant.

O’Connor said senior police had visited the elderly woman at Middlemore Hospital to apologise for the systems failure, “a result of human error”.

“We are also looking at further enhancing our approach to how we follow up on risk offenders in the community.”

O’Connor said police made “numerous inquiries and efforts” to apprehend the man when he absconded on home detention, but they initially went to the wrong house because they had an incorrect address in their system.

By the time they went to the correct address on November 24, he had been gone a month.

On Monday, he allegedly used a Bible to persuade his victim to allow him to enter her Howick home where he allegedly bound her arms and legs and left her face down in her basement in a pool of her own blood, before setting fire to her home.

The man was himself taken to Middlemore Hospital after badly cutting his arm while trying to escape from a nearby house where he was arrested.

At a special bedside hearing he was subsequently charged with assault, threatening to kill, arson and two counts of aggravated burglary. Police have said there is a strong chance he would also be charged with wounding with intent to cause grievous bodily harm or attempted murder.

The victim was conscious and in a stable condition on Friday after having surgery the previous day for serious head injuries.

The accused had become a Christian and attended an evangelical church in West Auckland, initially living with a member of that church. He was later given Parole Board permission to move into a one-bedroom flat by himself.

He breached home detention just once in June when he was 90 minutes late for his curfew. Corrections gave him a written warning.

The accused was moved out of Middlemore Hospital on Wednesday and will appear at Manukau District Court on Tuesday.

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November 16, 2007

TVNZ can broadcast a videotape which shows a man cleared of murder confessing to the crime, the Supreme Court has ruled.

Noel Clement Rogers, who was accused and then cleared of the murder of Far North woman Katherine Sheffield, took the case to the country’s highest court trying to prevent the tape being aired.

But the court today ruled that Rogers’ right to privacy was outweighed by the interests of open justice.

However, the Supreme Court judges criticised the police for releasing the tape to the media in the first place.

TVNZ’s Sunday programme wants to screen the videotape leaked to it by police in which Rogers confessed to and reconstructed the murder. Ms Sheffield was murdered in 1994.

The videotape was intended to be used as evidence in Rogers’ murder trial, but it was ruled inadmissible because it was obtained in breach of his human rights.

TVNZ had previously won an appeal against a High Court ruling which prevented publication of the tape.

At the beginning of a long legal fight, the High Court said the broadcast of the videotape of Rogers would amount to a wrongful invasion of his privacy. It issued a permanent injunction restraining the broadcast by TVNZ.

The case then went to the Court of Appeal, which acknowledged the privacy issue but decided the low-level privacy interest was outweighed by the high-level public interest in the videotape’s contents.

Rogers appealed to the Supreme Court, which today upheld the Court of Appeal’s ruling, handing victory to TVNZ.

Rogers’ uncle, Lawrence Lloyd, was convicted in 1995 of Ms Sheffield’s manslaughter and served seven years of an 11-year sentence before his conviction was overturned in the Court of Appeal in 2004.

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Boy hurt in case of mistaken identity

Nov 1, 2007 7:56 PM

A 16-year-old boy has a suspected broken arm after being tackled to the ground by police in east Auckland.

The innocent teenager was mistaken for a thief.

Piripono Karaka was running late for school and unwittingly ran into the path of a police pursuit.

A car had been stolen and the thief had taken off on foot but detectives grabbed Karaka by mistake.

“They threw me to the ground and then grabbed my hands and put them behind my back and he had his knee on my back and I was trying to tell him I couldn’t breathe,” says Karaka.

“I was in shock. By the time I got into the principal’s office I was like, ‘Oh my gosh, you’ve got to get out there.’ It was like coming across a fatal car accident and just having to calm and use your nerves,” says witness, Danielle Bergin.

Karaka has a suspected broken hand after the incident. He had been handcuffed and put in the police car but then it came over the radio that another officer had the actual suspect.

“Then he just shook my hand and said no hard feelings and then he let me go,” says Karaka.

“He felt that he had the culprit. Well, he made a mistake and he made a mistake to pick on the wrong family. We’re not going to stand for it,” says Karaka’s grandfather, Sam Davies.

In a statement police acknowledge this was a case of mistaken identity and they say the officer involved has already explained to the boy’s family and the school why they thought he was the suspect and why he was detained.

“I didn’t feel that that was good enough. I mean there was a suggestion of an apology but there was not an apology,” says Davies.

But an apology may not be too far away. Police plan to head to the school as soon as possible to say sorry and to put the record straight to students – that they made a mistake.

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Police ignored Bentley tips – callers

2 November 2007

People who say they have leads in the Kirsty Bentley murder case claim police are not interested in hearing from them.

The officer in charge of the nine-year investigation, Detective Inspector Greg Williams, yesterday defended charges of “tunnel vision” in his investigation after he was criticised in a TVNZ programme on Wednesday night.

He said the investigation had looked at “well over 300 persons of interest, many of whom are yet to be eliminated for a variety of reasons”.

The Press has received several phone calls since the show, The Investigator, aired from people who claim police do not want to hear their information.

One tipster, who feared repercussions if he was named, said police “didn’t want to hear about” his information because it differed from the “pet theory” that Bentley was killed by either her father, Sid, or brother, John. He said he knew of a potential suspect who had known the Bentley family, had a history of violence towards women and had a friend who had Commer vans similar to the one being sought in the early years of the investigation.

The man said he had video footage of the vans that police could view.

“They never rang me back. They seemed to be hell-bent on arresting just those two people,” he said.

Another man rang The Press several times saying he had seen a car carrying an upset-looking, young blonde woman in the area where Bentley’s body was found.

He had had no interest from police.

Sid Bentley said yesterday he was “reasonably well-impressed” with the show, which had gone to pains to prove his and his son’s innocence.

It “baffled” him that police had ignored a lead about a Commer van when it was seen near his house and in the Camp Gully area where his daughter’s body was found – “a pretty massive coincidence”.

Williams said he had declined to be part of the TV show because “the overriding decision for us must always be that there is some investigative value for the case”.

He said the investigation had been reviewed three times – in 1999, 2001 and in June last year.

He advised anyone with information to call the duty central city investigations inspector.
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Bentley cloud of suspicion questioned

31 October 2007

A television investigation into the murder of Ashburton teenager Kirsty Bentley questions why police allow her father and brother to remain under a cloud of suspicion.

The Investigator, a series that re-examines unsolved murders, is to look at the Bentley case tonight.

Bentley disappeared on New Year’s Eve 1998. Her body was found several weeks later covered by branches in the Rakaia Gorge.

The Christchurch officer in charge of the Bentley case, Detective Inspector Greg Williams, declined to have anything to do with the show.

The show presents a defence of what are thought to be the police’s prime suspects, Bentley’s father Sid and brother John, and criticises Williams for letting the two live under a cloud of suspicion for the past nine years.

The show’s writer and producer, Bryan Bruce, said Williams’ attitude was frustrating.

“To shut off that opportunity by not talking to the media – how clever is that?” Bruce asked. “What we’ve got is a detective who is at odds with the media. We have a right on behalf of the public to say `Why isn’t this solved? How can we help?”‘

Williams declined to comment last night.

Last night, Sid Bentley said he had “a totally clear conscience” and insisted his son was also innocent.

“Had my son done it I would have been the first person to take him down to the police station. If I was going to do a runner, I would have gone a long time ago.”

He planned to watch tonight’s episode. Retired police officer Lance Corcoran, who worked on the Bentley case, was also puzzled by Williams’ non-cooperation.

“He hasn’t made any information available. It’s not the view I would have taken if I had the opportunity to get new information.”

Corcoran said the Bentley case was getting important new leads months after the death.

“It was that sort of case. The opportunity to jog the memory should have been taken,” he said.

The Investigator makes the case for Sid and John’s innocence, and then asks whether police have become “so focused on the family that they are now blind to the possibility that Kirsty may have been murdered by a stranger”.

A civil rights lawyer is interviewed who says the Bentleys should apply to the High Court to force police to eliminate them as suspects.

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Police handling of Qian Xue case gives cause for concern

September 23, 2007

US Marshals believe they still don’t have the power to arrest Xue
The name of the street in Mt Roskill that was home to Nai Yin Xue, his wife An An Liu and their 3-year-old daughter Qian Xun Xue could scarcely have been more bitterly ironic. Keystone Ave was assuredly not named after the comically incompetent Keystone Cops of the silent-era slapstick films. But the police operation that began after little Qian Xun was discovered, alone and crying, in Melbourne’s Southern Cross railway station on Saturday morning invites comparison with the bumbling oafs of the silver screen.

No one seeing the closed-circuit television footage of the now-fugitive Nai Yin Xue bending down to whisper in Qian Xun’s ear before walking away without so much as a backward glance could fail to be deeply affected by it. What is plain is that a young girl, whose mother is dead and whose father has abandoned her, is the victim of the most heart-rending family tragedy. But what is equally plain is that there are very important questions to be asked about the conduct of the investigation.

The inescapable arithmetic of international travel – the time taken to get from the station in Melbourne’s Docklands to the airport, check in, board and fly from Melbourne to Los Angeles – argues that at least a dozen and as many as 16 hours elapsed between the time Qian Xun was discovered and the time Xue touched down in California. It would have been a superhuman police effort indeed that identified the girl – who was carrying no documents – and established her father’s onward travel plans in time to intercept him when he landed at LAX. Nobody can fairly criticise the police for their failure to manage that. But elsewhere the investigation seems to have been characterised by a lumbering attention to the niceties of procedure that is hard to tell apart from inertia.

Most concern centres on the car outside the Keystone Ave address in which the body of An An Liu was found on Wednesday. The police have defended the time that it took to open the car’s boot on the grounds that they needed to get a search warrant – “It’s not just a matter of breaking the windows and getting in,” said Detective Sergeant Simon Scott. He also said the delay between getting the warrant and executing it was necessary so that staff new to the inquiry could be “brought up to speed”.

But none of this goes anywhere near explaining why the car remained outside the police cordon – to be touched and leant on by anyone who passed by – right through the period when the warrant was being sought. Even assuming that the obtaining of the warrant was a cumbersome legal process – and warrants have been issued in short order by Justices of the Peace in circumstances much less serious than this – why was such scant care taken of a car, plainly festooned with Chinese writing, outside the house of a Chinese woman for whose safety police said they held grave fears. A police spokeswoman’s claim that “we don’t just go busting into things” and “we have to make sure any evidence is not going to be contaminated” seems more than a little wan.

Many other matters cause concern, among them the five-day delay before US authorities were requested to look for the fugitive, and the fact that it is possible for a man to leave the country with his daughter even though court orders were in force banning him from having any contact with her.

Outright condemnation of police and others’ conduct is certainly ill-advised and may yet turn out to be unfair. It may transpire that the case raises questions about whether the police are adequately resourced to deal with cases within immigrant communities where cultural and language barriers stand in the way of easy resolution. But the case of little Qian Xun will require a lot of work long after what happened to her mother and father has been explained.
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Under Their Noses. “slack” Kops defend the indefensible.

September 20, 2007

Police said last night they were making no apologies for the time it took to find the body of an Asian woman in the boot of a car they had seized 16 hours earlier.

A warrant to seize the Honda Rafaga was granted at 9pm on Tuesday night but police did not find the body, believed to be that of missing woman An An Liu, until 1pm yesterday during a forensic examination.

The car, registered to Ms Liu’s fugitive husband Nai Yin Xue, had been parked outside their Mt Roskill home since at least Monday.

Detective Senior Sergeant Simon Scott said the delay was a result of police conducting a “thorough inquiry here and doing thorough investigations”.

Mr Scott said police spent Tuesday trying to obtain a search warrant for the car but it was not granted until 9pm.

It then took a further two hours before the car was towed to a secure location.

Yesterday morning the forensic examination was delayed “a little bit longer than it usually would” be, while police underwent a briefing on the case, which included bringing staff new to the inquiry up to speed.

Mr Scott said once under way the forensic examination had to be carried out according to procedure.

“We haven’t had the keys for that vehicle. It’s just not a matter of breaking the windows and getting in.”

He said the examinations were not as easy as shown in television programmes such as CSI.

“These things don’t take minutes, they could take days or weeks. We are wanting to do a thorough investigation into that vehicle and we are not going to be rushed,” he said. “We are working for An An and her family and we want to gather the evidence and prosecute the offender and that’s what we are going to do.”

Police Deputy Commissioner Operations Rob Pope said he also had every confidence in the investigation team.

“There are many forensic and legal requirements to be taken into account when dealing with an item of potential evidential value. Following proper process in these matters can be critical to the conclusion of any trial process.”

Auckland City Police spokeswoman Noreen Hegarty said “we don’t just go busting into things”.

“We have to make sure we are in a very secure area where any evidence is not going to be contaminated, where there’s not going to be any people who are offended or distressed by what we might uncover. We needed to make absolutely sure that the processes that we used are correct.

“Our staff, including myself, have been working exceedingly long hours to make sure this investigation is carried out appropriately. We are not going to fall into the trap of fitting into the general population’s agenda. What we need to do is do things properly. Like I said, there is no apologies for doing the job right.” (Yeah right!)

When asked if there was a chance the woman might have been alive but died in the time it took for police to open the boot, Ms Hegarty said: “I’m not going to speculate on that but we haven’t had any reported sightings of An An since 4.35 last Tuesday.”

Auckland defence lawyer Barry Hart last night criticised the time police took to obtain the search warrant and find the body, saying it appeared “slack”.

Mr Hart said warrants could be granted by a Justice of the Peace if police had “reasonable grounds” to conduct a search. (Make that ‘if the Kops ask for one.’)

“In my experience police get search warrants often when they’ve got very little evidence to justify it, so it seems absolutely ridiculous if they’re suggesting that it took a lot of time and it’s a great formal process when in reality it’s not … it sounds to me that they’ve just been a bit slack.”

* The boot of the abandoned car outside a house in Keystone Ave, Mt Roskill, was the most obvious of places.

* And yet it took 45 hours from the time police first went to the street before those searching for An An Xue looked inside.

* When they finally got around to it, they found the body of a woman that must have been there for at least six days. * Why it took them so long is just one of many questions arising from a sensational case that in some ways resembles the Keystone Kops.

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‘We’re not the Keystone Cops’ – top police

21 September 2007

Top police brass have leapt to the defence of detectives investigating the murder of Auckland woman Anan Liu, saying suggestions of incompetence are unfair.

Deputy police commissioner Rob Pope held a press conference at police national headquarters yesterday, in a bid to dispel “misconceptions” about the handling of the case.

The Auckland inquiry, headed by Detective Senior Sergeant Simon Scott, has been under fire over perceived delays in the investigation.

Police have copped flak for taking two days to search the car in which Mrs Liu’s body was found.

The car had been parked outside the home in Keystone Ave, Mt Roskill, she shared with her husband and three-year-old daughter, while police, media and the public walked past and even leaned on it.

Questions have also been raised about the time taken to notify international policing agency Interpol, about Ms Liu’s husband Nai Yin Xue, who abandoned his daughter at a Melbourne train station before fleeing to the United States and is now the main suspect for Mrs Liu’s murder.

Mr Pope said he had complete confidence in Mr Scott’s team.

“The investigation is being run by highly skilled and competent officers with considerable experience.”

One former top detective said yesterday that police inaction and failure to find the body was “absolutely appalling.”

Auckland criminal lawyer Barry Hart accused police of being “slack” for taking so long to find the body, and Peter Williams, QC, said police had made a “colossal mistake” by not searching the car earlier.

Mr Pope said branding the inquiry police as “Keystone Cops” showed a lack of “understanding about the depth of the inquiry that has been undertaken”.

He confirmed police became interested in the car late Tuesday afternoon, but said detectives had made “appropriate operational judgment calls”, based on “well-heeled and well-trialled” police procedures.

“Had we had any reasonable belief someone was alive … we would have taken different action.”

Mr Pope said pre-emptive or unauthorised entry of a vehicle would mean evidence could be regarded as tainted and potentially lost in the event of a prosecution.

Adequate information was needed before a warrant to search the car could be obtained.

“The public perhaps have a lack of understanding about the amount of detail and painstaking requirements to seize all relevant forensic evidence, whether it is a vehicle, house, bodies and the like.”

He rejected suggestions police had allowed possible forensic evidence from the car to become contaminated by leaving the silver Honda on the roadside.

A search warrant was obtained “within hours”, he said.

“It was seized and secured as soon as it became of interest to police.”

Detective Senior Sergeant Simon Scott said the focus of the police inquiry was now on finding Nai Yin Xue, who flew to Los Angeles from Melbourne shortly after abandoning Qian Xun.

“We have a warrant for Mr Xue’s arrest in New Zealand for the murder of Anan Liu and the abduction of their daughter, Qian Xun Xue,” he said.

“We have good reason to believe he is in the United States of America.”

Los Angeles police said they were only contacted by Interpol yesterday as there was no warrant out for Mr Xue’s arrest.

However, they said a notice had arrived by midday informing them Mr Xue was wanted urgently.

Mr Pope said an Interpol advisory was sent between Canberra, Wellington and Washington late on Sunday and updated at midday on Tuesday.

Ms Liu was last seen alive at a childcare centre in suburban Balmoral last Tuesday, September 11. Mr Xue and his daughter left Auckland International Airport two days later.
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Police and Customs drop the ball

September 22, 2007

The New Zealand Police have not covered themselves with glory in the case of the abandoned little girl their Australian counterparts named Pumpkin.

The name, her compelling face and especially the film of her father leaving her at a Melbourne railway station last Saturday brought this case more public interest than perhaps it held for the police initially, but the police had more reason than the public at that point to fear for the child’s mother.

The police file on the child’s deserter could have told them that a year ago he had attacked her mother with a knife during an incident in which the child was hurt.

The man, Nai Yin Xue, had held a kitchen knife to his wife’s stomach as she held their daughter in her arms and he threatened to kill her.

For that he was convicted in the Waitakere District Court and told he would be sentenced if he offended again.

He did, in another violent episode this year that caused police to confiscate a sword and his passport. They had to drop criminal charges when his wife declined to give evidence.

When the police learned last weekend he had abandoned his child in Melbourne they also knew they had handed him back the sword and passport on the day he left and they could not locate his wife.

Still they were not moved to treat the case as more than a missing person investigation.

The police are not the only law enforcement agency to have unwittingly facilitated Xue’s flight.

When he passed through Auckland Airport with his little daughter in tow there were court orders in force against him forbidding him from initiating contact with his wife or daughter.

But for an alert to appear on airport immigration screens, it turns out, a separate order preventing him removing the child from this country would have been necessary.

This is bizarre. If a person is subject to a domestic protection order preventing contact with a child the fact should be flagged for every law enforcement agency that might call up his name. To note only specific non-removal orders is ridiculously bureaucratic and shows how lumbering our uniformed services have become.

The performance of the police, though, surely reached its nadir in Keystone Ave, Mt Roskill, where Xue’s car sat for six days outside the house of his missing wife with her dead body in the boot. For the last two of those days the car was sitting under the noses of the cops and they did not unlock the boot.

Had they done so, police in Los Angeles, where Xue had gone after leaving his daughter, would have been looking for a murder suspect rather than a desertion case that could not register high on their scale of offending.

Deputy Commissioner Rob Pope has defended the police investigation in general terms as best he can. He says he is satisfied it has followed normal procedure and “best professional practice”.

But it cannot be normal to ignore a car belonging to the prime suspect parked outside the home of a person who had not come forward the day after her daughter’s picture had been published so widely.

It is a bit rich to plead the need for forensic care in opening the boot when the vehicle has been left exposed to “contamination” by the passing traffic of a news scene for two days.

Doubtless there are many criminal investigative procedures that cannot be explained to the public without compromising their efficacy, but that fact should not be used to cover simple, inexplicable oversights. Our police normally look better than this.

It is just a pity this slow-witted piece of work should occur on a case that much of the rest of the world is watching.

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Police defend response to calls over party

September 12, 2007

Emergency 111 calls about the disorder in Herne Bay that led to Augustine Borrell’s murder were not judged urgent enough to warrant a police car being sent.

More than 30 minutes after the first call, the Northern Communications call centre decided to notify police in Auckland city.

Police spokeswoman Noreen Hegarty yesterday gave details of the 111 calls, saying: “We don’t have a crystal ball to say when disorder is going to turn into a murder.”

She said three 111 calls were made to the call centre after the party was shut down and the teenagers began milling around on the street.

A call about “yelling on the street” was made at 11.41pm and another about “throwing bottles” at 11.55pm.

The third call, about fighting came in at 12.01pm and Ms Hegarty said by 12.12pm a call-taker at the centre, who had the caller on the line, decided the situation had “escalated” enough to warrant sending a vehicle.

It was at that point Auckland city police became aware of the disorder, and Ms Hegarty said it took only five minutes for a police car to arrive, which “is pretty darn good”.

Ms Hegarty said police could not rush out to every 111 call about “yelling in the street” and call-takers were trained to judge when situations required police attendance.

Police had been called to a lot of disorder in the city that night, including a group of 30 youths fighting at the Viaduct about 11.30pm.

The end-of-exams party was thrown by the teenage daughter of lawyer Jeffrey Morrison, a partner at Russell McVeagh, and his wife, Noeline, who were at the Rugby World Cup in France.

A 20-year-old, believed to be an elder daughter, was providing the adult supervision.

The Morrisons’ $2.6 million home with swimming pool and tennis court was empty yesterday, the driveway monitored by a security guard. Beer bottles were strewn across the outdoor area and on the astroturf.

Neighbours had differing views of the party. One, who did not want to be named, said it was a “party house” and the parents had to take some responsibility for leaving their girls at home. She had been so frightened from 10.30pm that she left her lights off so as not to draw attention to her house.

Another neighbour described the Morrisons as “social, but not over the top”. She had noticed the party, which was attended by more teenagers than usual, but was not out of control.

Family spokesman Mike Heron said the Morrisons were returning from France and would attend Augustine’s funeral.
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Police bugs put up for sale

Sep 7, 2007 6:13 PM

A Cromwell man who found police surveillance gear in two cars they returned to him has been arrested for theft of property.

Ralph Williams had put the devices up for auction on Trade Me but police had the ad taken off the the internet website.

Williams was being a little cheeky when he found the bugs in two cars given back to him by police and put them up for sale on the web. Police pulled the ad, apparently telling Trade Me that the seller did not own the devices.

ONE News reporter Tsehai Tiffin was there when the police team swooped and they confirmed he was under arrest for the theft of “some property of the New Zealand Police”.

Williams told ONE News that the items had to be the listening devices.

Police took away at least one of the cars that had been fitted with tracking devices. The car had been returned to him bugged he says by police investigating the arson of a vehicle of their own.

Someone torched a brand new police mufti car right in front of the Cromwell police station – a two month old Holden Commodore.

“I did nothing wrong,” Williams says. “The police car burning had nothing whatsoever to do with me…there’s no evidence to suggest it did.”

He says he put the ad on Trade Me to bring attention to what police were doing and because he says they didn’t immediately own up to the tracking devices.

He says they initially replied no to an email he sent asking if they had left anything behind and then later changed that to a maybe.

Williams had found a sim card in one of the devices that gave him the number of the local police.

Police would not comment because it is an operational matter but in a statement they say the equipment was used according to a court order.
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Police apologise over funeral procession crash

1 September 2007

Police have apologised to the family of a deceased Te Anau man whose funeral cortege turned into a three-car pileup after a police officer flagged down the hearse as it lead the procession of up to 100 cars to the Te Anau cemetery.

In a statement issued yesterday, Southland area commander Inspector Tony O’Neill says he and the officer involved in the incident on July 31 have apologised to the family for any distress caused to them.

A complaint about the incident, made to the Police Complaints Authority, has been withdrawn, the statement says.

Family member Grant Brown, of Myross Bush, said he was happy with the outcome and the explanation given by Mr O’Neill when he visited the family last week.

The family now just wanted to put the incident behind them, Mr Brown said.

The family was told the police officer had just finished pulling up another vehicle when she had noticed a dark stationwagon, with a queue of cars behind it, travelling towards her.

Believing it was holding up traffic, she pulled over the lead vehicle only to discover it was a hearse containing a coffin, Mr Brown said.

“She was quite upset about it.”

The family was told Te Anau police were usually informed if there was a funeral in the town but had been unaware of the funeral on this day, he said.

However, given Te Anau was a small place, he found it a bit unusual they did not know, Mr Brown said.

The complaint lodged with police had not

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Son of deceased still seeks police apology

Wednesday, 22 August 2007

The son of a deceased Te Anau man whose funeral cortege turned into a three-car pileup, allegedly caused when police flagged down the hearse, yesterday said he was still waiting for the policewoman responsible to say sorry.

The man said he had asked for an apology from the female constable who had pulled over the hearse carrying his father’s body to the Te Anau cemetery just fewer than three weeks ago.

He had not received one so far but he remained hopeful.

“It’s not hard to pick up the phone and apologise,” he said.

The man said he had been contacted by police who were conducting an internal investigation into the incident.

Police have also spoken with the funeral director involved.

The man said he believed the policewoman had been stood down.

Southland police boss Inspector Tony O’Neill declined to comment on details of the investigation.

Likewise he would not say whether or not an apology might be forthcoming.

However, he said the policewoman had not been stood down.

The investigation was still in progress and might be completed in about a week, Mr O’Neill said.

The investigation was launched after a Te Anau policewoman ordered a hearse leading a cortege of between 80 and 100 cars, many with their lights on, to pull over.

This allegedly caused nose-to-tail crashes involving three vehicles.

Two vehicles were extensively damaged and police had to give some mourners a lift back to Te Anau.

Earlier this month, family members expressed their anger with police and hoped the investigation would not be brushed under the carpet.
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End of the nightmare for wrongly jailed man

August 19, 2007

Bob Sutton in his Okawa Bay store, The Happy Angler. Photo / Michael Craig
For 10 torturous months, home for 57-year-old Bob Sutton was a gloomy prison cell not much bigger than the cluttered back room of his Rotorua dairy.

Inside his cell, the mild-mannered Okawa Bay shopkeeper would sit alone hunched over the tail end of his narrow cot, keeping a jailhouse diary, penning his thoughts.

“Even now it seems quite unbelievable. What can I say, it was a nightmare,” he says.

Sutton’s “nightmare” finally came to an end last week with confirmation of the Crown’s decision not to seek a retrial over allegations he raped and assaulted a woman known to him and her two friends.

In November 2005, Sutton, who has four adult children, was sentenced to 10 years’ imprisonment after earlier being found guilty on 15 indictable charges – including two of rape, nine of assault and four relating to assault with a weapon.

A year later, following the presentation of new evidence, the Court of Appeal ordered a new trial, quashing the earlier convictions. It found that the main complainant in the case was “involved in gathering false evidence in support of the allegations prior to the trial”.

Police this week decided not to take a new case – Sutton is now a free man.

Back behind the counter yesterday of the Happy Angler dairy, Sutton remembered the phone call from his lawyer giving him the news.

“He said to me ‘you’re out of here’. The relief was enormous,” he says.

“I can still hear the door on my cell closing for that last time. It was a sound I’ll never forget.”

For three years Sutton had protested his innocence.

The allegations, which dated back to 1995, came to light in 2004. At the time Sutton was operating a hotel in the King Country town of Piopio. Aside from the allegations of rape, the Crown had alleged that on two separate occasions Sutton had threatened one of the three complainants in the case by pinning her to the ground and up against a wall. On both occasions, the Crown alleged, Sutton was armed with either a knife or an axe.

However, witnesses appearing on Sutton’s behalf described the main complainant as a “strong-willed” woman who was known to “spin out” and overreact to situations when she didn’t get her own way. The defence alleged the three complainants had banded together to “get Sutton”.

Yesterday, Sutton was reluctant to criticise the complainant, whose identity was suppressed throughout the trial.

But he recalled when the guilty verdicts finally came in: “I couldn’t believe it. I just couldn’t understand how anyone could believe those allegations were true. All my life I’d been a law-abiding citizen and then suddenly I was going to jail.”

Sutton spent the next five weeks on bail awaiting sentencing, and confronting the fact he was “going away for a long time”.

“You just can’t imagine what that time was like, preparing for jail. The whole time was a blur.”

He recalls the sense of dread he felt as he was frogmarched through the doors of Waikeria Prison. He had no idea what to expect.

But he soon discovered the harsh reality of prison life. An inmate wanted a packet of biscuits he’d been given. Sutton told him to “piss off”. The inmate beat him to the ground.

“It wasn’t the sort of thing I was used to. I tried to get on with the other inmates, make the best of the situation, but it was tough.

“I’m a people person, but there, the best thing you can do is keep to yourself. The toughest thing was losing my freedom.

“I knew I was innocent so I always had faith. Every day I would wake up thinking maybe today’s the day. That kept me going.”

Sutton says he drew great strength during those dark days from friends and family who, he says, never doubted his innocence.

He says nothing can make up for the huge financial and personal toll of the past few years. He’d spent $100,000 defending the charges and had lost thousands while he’d been locked away. He was not sure whether he would now seek compensation.

The complainant could not be reached for comment last night.

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Mourners crash like ‘dominoes’ after cop stops hearse

August 08, 2007

Mourners’ vehicles crashed into each other “like dominoes” after a police officer pulled over the hearse leading the cortege near Te Anau.

Police have launched an internal investigation after the Te Anau policewoman ordered a hearse to pull over as it led a cortege of between 80 and 100 cars to the Te Anau cemetery last week, causing nose-to-tail crashes behind.

Three vehicles were damaged, two of them extensively, resulting in the policewoman having to ferry some mourners back to Te Anau.

There was speculation the incident was the funeral director’s second brush with Te Anau police, who pulled him up for speeding en route to the town, the Southland Times reported.

This has been denied by the funeral director.

A son of the dead man, who was in the car behind the hearse, was “bloody furious” with police.

“I thought it was absolutely disgusting,” he said.

“Here we are taking dad to the cemetery and we are all pulled over and there are accidents behind us. It was just like dominoes.”

He said he could not understand how the policewoman could not know it was a funeral procession, and he wanted her to pay for the damage to the cars.

Southland police boss Inspector Tony O’Neill yesterday declined to comment on the incident, saying it was under investigation after a complaint was laid with police.

The funeral director, who asked not to be identified, said he had been travelling about 70km/h on the open road leading the cortege.

The hearse’s lights were on, as were the lights of the 80 to 100 cars behind him.

The policewoman, parked on the opposite side of the road, had gestured at him to pull over, the funeral director said.

Three cars further back in the cortege crashed when it was brought to a halt.

Waipahi man Gerard Vallely, who was in the middle of the pile-up, estimated his speed at between 30km/h and 40km/h.

Mr Vallely said he managed to drive his car back to Te Anau but the occupants of a badly damaged Land Cruiser were taken back in the police car.

Mr O’Neill said it could be “some weeks” before the investigation was completed.
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Police quiz for recruits fails test

3 August 2007

The quality of police recruits has been under fire lately, but it may be the recruiters who need to swot up on their maths.

A online mock recruiting test has left potential recruits questioning the calibre of their examiners, after they correctly answered a maths question, only to be told they were wrong.

The question: “If a man weighing 80kg increased his weight by 20 per cent, what would his weight be now?”

Potential candidates who correctly clicked 96kg were told they were wrong. The recruitment test told them the correct answer was 100kg.

The mock test is intended to give people an idea of what the recruiting test entails.

One New Zealand man living in London said he took the test for a laugh. “And I found something very unfunny about it. Their test is embarrassingly wrong.”

Another wrote: “Bit hard to maintain the quality of the recruits if the recruiters can’t get it right themselves!”

Police recruitment marketing manager James Whittaker said the mistake came from a technical glitch and had been fixed.

He said the people who spotted the mistake were the sort of recruits police were looking for, and he urged them to think about applying for the force.

About 1500 people had taken the on-line practice test in the past two weeks, and two-thirds of them had asked for recruitment information.

Police human resources manager Wayne Annan came under fire this week amid accusations that he sanitised a report to justify the recruiting campaign and then threatened a senior recruit trainer.

Police Minister Annette King has ordered an independent report into the standard of police recruits. It is due in September.
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Will left bias brush over Police subservience to China?

March 28th, 2007

Any failure to humiliate Dr Cullen over the Police ejection of Parliamentary journalist Nick Wang should warn National that it will be very much harder for them (than Labour) to take and hold power.

PM Jenny Shipley’s officials were suspected of conveying instructions to our Police and diplomatic protection personnel from Chinese security men in 1999. Police moved law-abiding Tibet supporters from near the Chinese President’s hotel and route. The media ran the story for weeks.

Labour were able to make the issue run because the media were ripe. They shared a collective sense of mission – to test the PM’s credibility, and to see the government gone. The Tibet protest suppression had the right ingredients – kowtowing to a foreign power, suspected duplicity, and constitutional breaches (of the independence of the Police).

Dr Cullen has gifted identical factors to National. We’ll see if they can use them. So far the running seems to have been made entirely by the Gallery.

Immediately after the 1999 election Labour initiated a Select Committee inquiry, designed to destroy Jenny Shipley’s credibility.

I learnt much from sitting on that enquiry. once it was clear that Mrs Shipley was not implicated it became my first experience of Parliamentary bi-partisanship, as the committee grew increasingly appalled at the untrustworthiness of Police witnesses. No MP on that committee was unaffected. Most shattering was the simple stupidity at senior levels, in sticking to incredible denials in the face of overwhelming evidence, including video footage,

The committee had no desire to destroy public confidence in Police integrity. We noted our unhappiness with their evidence and focussed the report on protocols for preserving constitutional propriety. It appears from reports of the Wang affair that Police agreement on those might have been as unreliable as their evidence to the committee.

http://www.stephenfranks.co.nz/?p=109

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PM admits police ‘mistakes’

29 March 2007

The Government is distancing itself from moves by police to shield visiting Chinese officials from exposure to protest and free speech.

MPs yesterday called for police to apologise for their actions in expelling an accredited journalist from a photo opportunity in the Beehive.

The accusations follow an investigation started by parliamentary Speaker Margaret Wilson into the incident, which involved the Diplomatic Protection Squad (DPS) and police officers.

Prime Minister Helen Clark is understood to be disappointed with the police after officials briefed her yesterday on video footage taken of the incident.

A spokesman for her office said Clark conceded “mistakes have been made”.

Wilson told MPs yesterday she was seeking a meeting with Police Commissioner Howard Broad to agree on protocols to ensure such incidents did not happen again.

Green Party MP Keith Locke called for police to apologise to Capital Chinese News editor Nick Wang, who was expelled from a photo opportunity with Chinese Vice-Premier Zeng Peiyan and Deputy Prime Minister Michael Cullen on Monday night.

In the exchange caught on video, police told Wang the Chinese delegation was uncomfortable with his presence and that it had been informed he was a member of the Falun Gong religious sect, which is outlawed in China.

Locke read out a list of incidents during Chinese visits in recent years in which police appeared to have been shielding the visitors from embarrassment.

New Zealand is negotiating a free-trade deal with China and has been accused of being too wary of offending Beijing.

United Future leader Peter Dunne backed the Greens.

“If the police took orders from Chinese officials to eject Mr Wang, then that’s disgraceful. If they took it upon themselves to withdraw Mr Wang’s accreditation and then eject him, then it’s even more disgraceful,” he said.

Wilson told Parliament she was responsible for allowing journalists to work freely in the complex, not the police, who on the video could be heard threatening to retract Wang’s accreditation.

DPS head Bruce Blaney said his officers acted only when they saw a security threat.

“We deal with numerous visitors from a variety of countries and we are aware of the sensitivities they do place on various people and organisations,” he said.

Police operational support national manager Superintendent Tony McLeod said Wang “became agitated, throwing his arms about, shouting and demanding entry to Dr Cullen’s office”.

When asked about the video footage, which contradicted his account and showed Wang remaining calm, he said the police were “absolutely not” acting at the direct request of Chinese officials.

Cullen and Clark had initially backed the police version.

However, an official from Clark’s office said yesterday it appeared the DPS had made the decision to eject Wang in consultation with the Chinese.

Cullen said he had to take police at their word and stressed he had not witnessed the expulsion.

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Roadblock was mistake: police

11 March 2007

Police admit they should not have used an Auckland woman’s car as a “roadblock” to stop a suspected criminal during a chase.

Auckland’s acting district commander Brett England said the incident last month, when a woman driving her car had been used to stop a fleeing suspect, was dealt with inappropriately.

Police initially refused to pay for the $7800 damage to Evgeniya Arel’s car before her story featured in the Sunday Star-Times last week.

England said police had since investigated and now accepted they were at fault. “We’ve accepted we made a mistake and that’s why we’re paying for (the car).”

Arel said she was “very pleased” and would probably use the money to buy a new car rather than fix her old one.

She had also had an apology from the man being chased after he saw her in the street. “I didn’t know what to say,” said Arel. “He was nice, really apologetic.”

The man is before the courts on several charges, including failing to stop.

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Police car smashes into traffic lights

February 11, 2007

Two Auckland police officers are nursing minor injuries this morning after smashing their patrol car on their way to a callout.

The officers were responding to a call for backup to fellow officers dealing with a fight.

However, on the way the driver hit a set of traffic lights on the corner of Lunn Avenue and the Ellerslie-Panmure Highway.

Inspector Matt Sillars says the police car has extensive damage and had to be towed away.

An investigation will be held into what caused the incident.

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Scolded police turn Piha over yet again

24.10.2004

Thirteen days after Iraena Asher went missing Piha was turned upside down yesterday by a chastised police force, searching for the part-time model who vanished into the night.

For some residents it was the sixth time officers had knocked on the door in almost two weeks.

But when police went searching this time it was with the condemnation of Iraena’s bereft family ringing in their ears.

A letter from the family in yesterday’s Weekend Herald was severely critical of the police.

Adding to possible tension is the family’s hope Iraena left Piha, which has been heavily searched, and the police belief she never did.

Detective Senior Sergeant John Sutton said a roadblock had been set up on Piha Rd – the only road out of the township – within an hour of the last sighting of Iraena.

“We have no evidence to believe she has left the area,” he said. “We know the family is hopeful she may have, but we have no evidence. The family have expressed that they are hopeful and we share their hopes. However, we have grave concerns.”

An eight-year-old girl was wandering the road with her skateboard yesterday, seeking out police officers. “I want to tell them I had a dream Iraena Asher was in a tent on a hill and I found her there. Then I woke up crying,” she said.

Everyone has a theory. At the time Iraena was last seen, the tide was at its lowest and a strong offshore wind was blowing. The outgoing Piha surf has a strong pull and Iraena had already returned from the beach earlier in the day, wet and covered in sand.

Like hundreds of other residents at Piha, Tom Cagwin, 71, has already gone through police questioning. Again, for the “third or fourth time”, an officer visited with more questions.

Mr Cagwin welcomed the officer in, as always, and co-operated as much as he was able. “Someone must know what happened to her … someone …” he said.

Henderson police Constable Dean Broomfield, one of 20 officers going door to door yesterday, said: “People are really concerned about the welfare of Iraena.”

111 4 taxi

Asher dispatcher slammed in report
19 January 2006

The Police Complaints Authority has found a dispatcher used undignified and unprofessional language when dealing with a call made by Iraena Asher.

Authority head Judge Ian Borrin today released his report into the handling of Miss Asher’s 111 call in October 2004.

Ms Asher was last seen in the early hours of October 11 at Piha, west of Auckland, after earlier phoning police for help which never arrived.

Her call to the police Northern Communications Centre led to the dispatch of a taxi to collect her. But the taxi went to the wrong address and the resulting outcry sparked a review of the handling of emergency calls.

Judge Borrin said he agreed with a police finding that the call was mishandled by the dispatcher and sergeant but not the call taker.

“As discussed (in the report) the remarks made about the event and the language used by the dispatcher were undignified and unprofessional.”

He said the incident showed that police needed to be careful to treat calls seriously even when the caller did not sound distressed.

He did not add to extensive recommendations already made but endorsed police commitments to improve communications centres and responses.

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She called 111 and was mocked

24 September 2006

While distressed model Iraena Asher was asking for help, a police dispatcher was calling her “a fucking stupid bitch”, transcripts reveal.

The 25-year-old Auckland University student and part-time model disappeared from Piha, West Auckland, nearly two years ago after a 111 emergency call botch up.

Iraena made calls for help on the night of October 10, 2004, after drinking with friends. She told police she had been pressured for sex, had possibly been drugged and felt in danger.

In response, police sent her a taxi. The taxi went to the wrong suburb and Iraena has not been seen since.

It prompted a major investigation into the 111 system, a Police Complaints Authority inquiry and an internal police investigation.

Police have battled to keep secret the details of Iraena’s three calls for help. Now her family is going to the Privacy Commissioner for help.

Last week, Chief Ombudsman John Belgrave forced the release of transcripts revealing the abusive language of the 111 dispatcher who handled her increasingly desperate calls.

The documents show the dispatcher referred to Iraena as a “fucking-stupid bitch out Piha”.

And when Iraena’s father Mike read the comments for the first time last week, his stomach heaved.

“I wanted to vomit or spew or something. I feel sad, in despair and just gutted – gutted again,” Mike Asher said.

Sitting in the living room of his tidy A-frame house, an emotional Mike said he and his wife Betty were struggling to get police to release all Iraena’s case files.

Earlier this year the report from the Police Complaints Authority investigation revealed police officers thought Iraena’s plea for help was “a bit of rubbish” and that she “wanted a free ride” home. PCA Judge Ian Borrin ruled the dispatcher had used “inappropriate and unprofessional” language and made “undignified and unprofessional” remarks about her to a police sergeant. He said Iraena would not have heard the comments. After an internal police inquiry, the dispatcher had counselling. But until last week the family hadn’t known the exact words used to describe her.

Police acting deputy commissioner Roger Carson described the dispatcher’s language as indefensible. It was “completely unacceptable and inappropriate”. Carson said police realised the new transcripts would cause fresh hurt to Iraena’s family which the police regretted very much.

Iraena’s parents want to take legal action against the police and are frustrated that large chunks of the newly-released files have been blacked out. They have complained to the ombudsman.

“We just want to know why. What are they hiding?” Mike Asher said.

Carson said decisions over what material was released was made by the ombudsman after submissions from the police legal team and the Asher family.

Deputy Ombudsman Leo Donnelly told the Sunday Star-Times “the police disciplinary file and the investigation files are under investigation and review by the chief ombudsman”. The Ashers have now been referred to the Privacy Commission.

“It’s been from the Police Complaints Authority to the ombudsmen and now to the Privacy Commission. I don’t understand why. It’s just more bad news,” Mike said.

He said his family had lost all faith in the police.

Iraena’s sisters Tamara, Angelique and Lainie have all moved abroad -Tamara is in the US and the others are in Australia. Mike said they had moved overseas because they didn’t feel safe in New Zealand.

But he and his wife are staying here to continue to fight for an acknowledgement police failed their daughter.

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Police blasted as killing accused freed

Sheryl Brown

30.06.05

A mentally ill man has walked free from a manslaughter charge after a High Court judge delivered a withering verdict about the way police initially interviewed him.

Gafatasi Samuelu, aged 33, a homeless schizophrenic, was accused of killing bag woman Sheryl Brown, a former model, who was found lying dead by a toilet block in an alley by the Hopetoun Alpha carpark near Karangahape Rd in December 2002.

Samuelu, who made various incriminating statements and apparent admissions to the police, was committed for trial to the High Court at Auckland last year.

But following a successful challenge by defence counsel Peter Tomlinson and Sanjay Patel, Justice Marion Frater has dismissed the manslaughter charge after ruling the police interviews inadmissible.

While Samuelu waived his right to consult a lawyer, Justice Frater said, there was “no justification for interviewing the accused in the way he was without support or legal advice”.

The judge said police were aware of Samuelu’s mental issues before the first interview and any doubt would have been removed by the time of the second interview, on March 25, 2003.

“I therefore see it as grossly careless and even verging on the reckless when the officers proceeded to interview him on March 25 without going further to explain and facilitate his rights,” the judge said.

In doing so they were in breach of their own guidelines for dealing with suspects with disabilities.

The judge described the breach of Samuelu’s rights – his right to counsel and his right to be advised of the nature of the charge he faced – as so “fundamental, flagrant and serious” that excluding the video statements was the only option.

The judge said while the community was interested in the successful prosecution of serious crimes, it was particularly important for the mentally ill and those with limited understanding to be afforded their fundamental rights.

“The public has a sense of fair play. They do not want a conviction at any price,” the judge said.

Defence counsel Peter Tomlinson said Samuelu’s admissions on tape were utterly unreliable.

“I hope the police take on board the judge’s strong comments in regard to the way they deal with mentally impaired people and review their questioning techniques.”

He said his client was continually asked leading questions and cross-examined. Instead of help being sought for him from an outside agency, the police took advantage of his mental impairment.

“At least this case shows that the Bill of Rights does have some teeth.”

He suggested police should be instructed to say to a suspect “Do you want a lawyer?” instead of “Do you understand your rights?”

Psychiatrists described Samuelu as a paranoid schizophrenic substance abuser with intellectual impairment. He was said to be highly suggestible and eager to please. His interviews with the police were peppered with nonsensical contradictions and inconsistencies.

Without the video statements, Crown prosecutor Mike Heron’s case was based entirely on circumstantial evidence.

The Crown maintained Samuelu followed Ms Brown into the alley and attempted to sexually assault her. When she resisted, he assaulted her with his fists and struck her in the face with a bottle, causing fatal injuries.

The judge said the remaining evidence boiled down to the fact that Samuelu was the last person seen with Ms Brown alive, that she was annoyed with him and that he seemed agitated after he left her.

Justice Frater said the evidence failed to establish when Ms Brown was assaulted, when she died or that Samuelu inflicted the fatal blows or assaulted her at all.

“I cannot see how this evidence could possibly support the conviction of Mr Samuelu on a charge of manslaughter,” Justice Frater concluded.

Mr Tomlinson said Samuelu was making progress with treatment in the Mason Clinic. In the longer term it was hoped he would be able to go into residential accommodation.

Last night police said they would take the judge’s criticisms on board.

A police spokeswoman said at the time the manslaughter charge was laid , police had considered all the available evidence.

They felt there was considerable public interest in the outcome of the investigation and that they had a responsibility to put the matter before the courts.

The spokeswoman said the police noted that Justice Frater was sure they had conducted an extensive and thorough investigation into Sheryl Brown’s death.

The case

* Sheryl Brown’s body was found in Pitt St, Auckland, in December 2002. The former model was a vagrant and alcoholic.

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33 THE ONES THAT GOT AWAY

Posted in Bent Cops by Jack on 14/06/2005

“Let me tell you how it worked with men and in the police in those days. (1980s) There was a saying at the time, usually said with a bit of a slur because it came out when people had had a few drinks. ‘He’s a good bastard,’ they’d say. What it meant was that he could do no wrong. Even if he smacked a prisoner or made something up on a statement, it almost enhanced his status. Of course if you wanted to be one of the blokes, you had to subscribe to that ethos.” Rob Moodie former Police Association secretary.
____________________________________________________________________

Cop cleared of rape may lose job

August 12, 2008

A senior policeman acquitted by a jury of raping a young girl may yet lose his job as he faces a charge of misconduct within the police.

The officer, whose name is suppressed, originally faced three charges of raping the 13-year-old girl when he went on trial in the High Court at Christchurch in April.

Two of the charges were dropped during the trial, before the jury found the man not guilty of the remaining charge.

During the trial, evidence was presented about the policeman – a friend of the girl’s family – allowing the girl to sleep in his bed and sending dozens of text messages in a day.

At the conclusion of the trial, Justice Graham Panckhurst said the nature of the evidence gave him pause before granting name suppression to the officer.

“I shall not go into the detail of that evidence.

“It is sufficient to say that some of the conduct in which the accused had been involved did impress me as being a matter of legitimate public interest, particularly for someone who is a serving police officer.”

Neil Banks told the Herald that as the result of an internal police investigation, the officer was to face a misconduct charge, to be heard by a tribunal.

This tribunal, usually comprised of Queen’s Counsel, would then make a finding to be passed on to the Commissioner of Police.

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PNHQ gets it wrong again!

Officers’ police future remains unclear

June 25, 2008

Four police officers acquitted of assault charges against a Whakatane man say they are looking to return to active duty in the police.

Sergeants Keith Parsons and Erle Busby, Senior Constable Bruce Laing and Constable John Mills were found not guilty of assaulting Rawiri Falwasser at the Whakatane police station on Labour Day 2006.

Outside the Tauranga District Court Susan Hughes QC, who spoke on behalf of the four officers, said they were happy with the verdict.

“We’re indeed delighted that justice has been done today and all four of them are very grateful for the considered efforts of the jury,” Ms Hughes said.

There were angry scenes in the courtroom as the jury read out the not guilty verdicts, with Mr Falwasser’s brother yelling “murderers” and “pigs” as he left the courtroom.

The four policemen say they want to return to work “as soon as possible”, but in a statement following their acquittals, Deputy Police Commissioner Rob Pope said there “would need to be consideration of employment processes” regarding their future.

The four faced nine charges between them and all of them face assault with a weapon.

Judge Patrick Treston, at Tauranga District Court, finished summing up the case this morning.

“Effectively there are nine trials going on at the same time,” Judge Treston told the jury.

He said the jury would need to consider the evidence in relation to each charge and each defendant separately.

Judge Treston outlined the defence of self defence and defence of another person. He said the jury had to take into account what they believed the defendants were thinking at the time and whether they were in fact acting in self defence or defence of another.

Judge Treston said if they believed that was the case then they would then have to decide if it was a reasonable use of force.

He said there had to be a balance between the threat and the force used.

“I say that because you can’t use a sledge hammer to crack a nut,” Judge Treston said.

During the trial, the jury heard that the police officers had a good reputation.

The judge said good character was not a defence but should be taken into consideration to determine their credibility.

Yesterday the Crown said that the officers had no justification for repeatedly using pepper spray and batons on a prisoner in a cell.

But the defence said the officers were doing their duty by following a tactical plan to subdue a violent and psychotic individual.

Crown and defence lawyers gave their closing addresses yesterday.

Prosecutor Fletcher Pilditch told the jury that the case was “an instance when a fellow citizen was deprived of his liberty”.

Mr Pilditch said police had the right to use force, but the issue in this case was whether the force was reasonable and necessary.

He said police could use reasonable force to search, fingerprint or photograph a prisoner, or for self-defence, but in this case, Falwasser was not violent and had made no threats of violence.

There was no dispute his behaviour was erratic and bizarre, but he was suffering from a psychotic episode and did eventually respond to calm, patient requests to be fingerprinted and photographed.

Mr Pilditch said instead of hitting Falwasser across the head and arms with batons, and pepper-spraying him inside the locked cell for 10 minutes, the police officers could have used other methods, such as calling a police negotiator.

But Parsons’ lawyer, Susan Hughes, QC, said the officers had been endeavouring to negotiate with Falwasser, who had refused to be fingerprinted or photographed for more than an hour-and-a-half.

She said the incident involving Parsons had lasted no more than 35 seconds, and he had hit Mr Falwasser on the head and deployed his pepper spray only after Mr Falwasser advanced on him.

Parsons had explored various options for dealing with Falwasser, including calling mental health professionals to assess him, and was a conscientious officer dealing with an explosive prisoner, Ms Hughes said.

The alleged assault was captured on video surveillance but Busby’s lawyer, Rachael Adams, and Mills’ lawyer, Richard Earwaker, said the footage needed to be viewed in context.

Mr Earwaker said all the officers knew about the camera, and Mills had said he was thankful for its presence “because it was there to protect him from false allegations”.

Falwasser had a head injury after being hit with a baton, and had punched at officers when they tried to subdue him with shields.

Mr Earwaker said the officers had limited tactical options left at this point because “talking hadn’t worked”, and Parsons had approved Mills’ plan to pepper spray through the cell vents.

Pepper spray did not cause injury and only three of his shots had connected, despite the Crown counting that Mills sprayed 23 times.

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Policeman cleared of rape
April 18, 2008

Suppression has been lifted on the occupation of a serving police officer who was acquitted after an eight-day sexual violation trial in the High Court at Christchurch on Wednesday.

Justice Graham Panckhurst heard submissions from Crown prosecutor Brent Stanaway and defence counsel Bryan Green before lifting the order, which had been in place since the 43-year-old was first charged.

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Police right to lay charges over PM’s motorcade – PCA
November 28, 2007

It was appropriate for police to lay charges after the Prime Minister’s motorcade sped between Waimate and Christchurch on July 17 2004, a Police Complaints Authority (PCA) report released today says.

“I am satisfied that, following a thorough investigation and expert independent legal advice on the potential criminal liability of the various parties, it was appropriate for the police to lay the charges they did,” PCA head Justice Lowell Goddard said.

Charges were laid against five police officers and one civilian and in the course of a lengthy defended hearing and ensuing appeals all charges were disposed of without conviction.

Justice Goddard said she shared the view that the defendants felt that they were doing no more than their duty.

But the justification for the belief of urgency had not been properly established.

“As a result of inadequate control throughout, an unacceptable standard of driving ensued which led to numerous complaints,” she said.

Complaints were laid by 16 members of the public about dangerous driving by the motorcade. Motorists were irate when they found out it was rushing to Christchurch to catch a flight to Wellington for an All Blacks rugby test match against Australia.

Justice Goddard said that with one minor exception the complaints received by police were handled in an acceptable manner.

The minor exception was a telephone complaint to the Southern Communications Centre on the day of the incident.

“The communicator’s response did not met the required standard,” the report said.

This was addressed by a performance review and remedial training.

Police did consider whether there was any culpability on the part of the Prime Minister Helen Clark and then cabinet minister Jim Sutton who accompanied her in the motorcade. Both provided statements.

“Police accepted independent advice, that other than the six individuals who were found to have cases to answer, there was no evidence upon which charges could be properly bought against any other person in the motorcade.”

The report praised a review of Diplomatic Protection Squad standard operating procedures and urgent duty driving policy since the incident.

____________________________________________________________________

Police criticised over Waitara death

Aug 3, 2007

Seven years after police gunned down Waitara man Steven Wallace, the long awaited coroner’s report has come out with some damning conclusions.

The Hamilton coroner’s report criticises the actions of the two officers who confronted Wallace as he went on an early morning rampage in the small Taranaki town.

Police were called to Waitara on the morning of April 30, 2000, as Wallace smashed more than 60 shop windows with a golf club and baseball bat. When police arrived he turned on them and he didn’t stop when police fired warning shots. It was then that Senior Constable Keith Abbot fired in self defence.

Wallace died shortly after.

The coroner decided to conduct an inquest into the death, but ruled that it should only look at police policy and procedure and first aid care for Wallace.

Gordon Matenga’s report has pointed to police flaws but the lawyer who represents them says that is rubbish.

“The criticisms are redundant and…don’t reflect the reality of what confronted them that morning,” Susan Hughes QC says.

Matenga says the three officers who dealt with the incident showed a lack of leadership. He says it was nothing to do with inadequate police procedure, it was simply “a performance issue”.

He also criticises a lack guidelines for police as to when dog handlers should be called in and recommends the policy be reviewed. But the coroner says it must not be forgotten that Steven Wallace was “bent on mayhem”.

Wallace’s family took a private murder prosecution against Abbott. He was found not guilty following a trial at the High Court in Wellington.

Hughes says Abbot is pleased the inquest result is finally out.

“It has been almost two years since the inquest was held, it’s been more than seven years since Steven Wallace was shot…the question is how much longer it’s actually going to take to conclude all the legal processes,” says Hughes.

The final chapter in the death will be a report from the Police Complaints Authority.

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‘Milk bottle’ nickname kept from trial jury
March 10, 2007
By Patrick Gower

Former policeman Brad Shipton gave the nickname “milk bottle” to the woman he allegedly sexually violated with a bottle – but this was kept secret from the jury that acquitted him.

The nickname was ruled to be irrelevant and likely to ruin his chance of a fair trial, even though it was what led detectives to a second Rotorua woman who said she was victim of a pack sex-attack by Shipton, Clint Rickards and Bob Schollum in the 1980s.

The detectives were alerted when they saw “milk bottle” scribbled next to a five-digit phone number in a old police notebook of Shipton’s seized during their investigations of the Louise Nicholas rape allegations.

They traced the woman who said she had been in a consensual sexual relationship with the married police officer Shipton when she was 16 that turned nasty when she wouldn’t let his friend Schollum join in.

The woman, who has name suppression, described arriving at a Rotorua house and being dragged into a room where Shipton straddled her as Schollum stood on one side and Mr Rickards on the other.

She said she was violated by something that felt like a bottle, and although she couldn’t see it, thought it to be a whisky bottle they were drinking from.

The trio were acquitted of kidnapping and indecently assaulting the woman, after a trial in the High Court at Auckland nine days ago.

The Weekend Herald can reveal the reference to a milk bottle was suppressed by Justice Tony Randerson in a pre-trial ruling because it had “minimal probative value”, was a “speculative” link and would be “seriously prejudicial”.

The “milk bottle” nickname was found in a notebook from 1986, while the woman alleged the incidenthappened in the early months of 1984.

Crown prosecutor Brent Stanaway said the reference was relevant because it was what led detectives to the woman, and was circumstantial evidence Shipton was involved in a bottle incident.

He said Shipton was known to use a form of code with his phone numbers.

Shipton’s lawyer Bill Nabney argued that the reference and alleged attack were too remote in time, and that there was a distinction between a whisky and a milk bottle.

The Crown was able to refer to the notebooks in general at the trial after Shipton reneged on a deal where he would admit to having had a sexual relationship with the woman in exchange for having them suppressed.

Mr Stanaway told the jury the continued reference showed Shipton “keeping track of his liabilities” with a woman noted down as “somebody who might come out of his past”.

The juries in the latest trial and at that for the Louise Nicholas allegations were unaware that Shipton and Schollum were convicted of the pack rape of a 20-year-old woman at Mt Maunganui in 1989 after a trial in 2005. She alleged that they violated her with a police baton but they were acquitted of that charge.

Shipton, Schollum and Mr Rickards were acquitted of all 20 charges, including rape, after the Nicholas trial. Mrs Nicholas, aged 18 when the offences were said to have occurred between 1985 and 1986, also alleged that a baton was used on her.

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Policeman’s pepper spray conviction quashed

Wednesday, 20 December 2006

A Masterton police officer found guilty of assaulting a man with pepper spray had his conviction quashed by a judge at the High Court in Wellington today and his name suppression lifted.

Peter Kenneth Jackson, a police dog handler from Masterton, was convicted of assault using pepper spray in a decision delivered by Wellington District Court Judge Michael Behrens three weeks after a hearing in October.

He was fined $500 plus $130 of costs.

Jackson denied assaulting Ben Viane by an unjustified use of pepper spray when arresting him on March 12 in Masterton.

Mr Viane was drunk and had allegedly used physical violence on someone at a party at another address earlier that night.

Justice John Wild said Mr Viane accepted he could not remember if he had heard Jackson tell him he was under arrest and accepted he had tried to step around Jackson. His sole intention was to get back to the address where he had been earlier, to see his girlfriend.

Jackson’s lawyer Noel Sainsbury said in written submissions his client used the pepper spray because he was dealing with a Polynesian man, bare from the waist up, believed to have strangled or dealt out physical violence to a woman at a party.

Jackson’s attempts to call out to the man and stop him were unsuccessful, then he kept walking when Jackson told him to stop. Jackson put his arm on the man to stop him, but this did not work either.

Mr Sainsbury said if Jackson had not stopped Mr Viane he would have returned to the scene of the party. Jackson was therefore protecting himself, his colleagues and Mr Viane himself by temporarily disabling Mr Viane with pepper spray.

Prosecutor Gary Turkington told the court Jackson had testified he had held his arm against Mr Viane as Mr Viane walked down a driveway and he maintained pressure until it got to a point where he felt he had to pepper spray Mr Viane.

Mr Turkington said the use of pepper spray in these circumstances was “gratuitous” accompanied by Jackson’s comment, “I’m sick of f***ing telling him.”

Mr Turkington said crown evidence was that Mr Viane was submissive. He said there was no justification for using force in this matter.

He said Jackson should have put his hand on Mr Viane’s shoulder.

Justice Wild said Jackson had already done that and been ignored and he suggested a more radical step may have been needed.

Justice Wild said Judge Behren’s found Jackson’s evidence was not credible so he put it to one side, and he had done the same, looking only at the evidence of the three prosecution witnesses.

He said Mr Viane’s evidence conflicted with the police officers and it was impossible to reconcile the two.

In delivering his decision, Justice Wild said overturning the conviction made the sentence appeal redundant. He said he would provide written reasons for his decision either today or tomorrow.

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Cop’s job on line after assault conviction

27 October 2006

A Masterton policeman convicted in Wellington District Court today of assault using pepper spray wants to remain in the force.

The policeman, whose name remains suppressed, declined to comment on the conviction, or whether he would appeal.

Sponsored Links
Judge Michael Behrens did not accept an argument from the policeman’s lawyer, Noel Sainsbury, for a discharge without conviction and permanent name suppression.

He convicted the policeman and fined him $500 plus $130 of costs but granted an interim name suppression until next Wednesday to allow the man time to consider his options.

Mr Sainsbury told the court that with a conviction the man’s police career would be at an end.

“I don’t accept that,” Judge Behrens said.

Police spokesman Jon Neilson said police had no comment on the man’s employment situation, which would be subject to an internal process once the external court process ended.

Mr Sainsbury said the man wanted to remain a policeman.

He would have difficulty working in a small community if his name was known. He said police played a unique role in society.

“They are not above the law,” said Judge Behrens.

He said if a charge was proved the public was entitled to know who committed the crime.

He said the offence was a grave one because in effect the accused had misused the power given to police by the law.

The policeman denied assaulting Ben Viane on March 12 in Masterton.

Judge Brehrens said Mr Viane did not lay a complaint.

The prosecution relied on evidence from two other police officers, one of which gave evidence that out of nowhere the accused sprayed Mr Viane in the face.

Judge Brehrens said the constable described Mr Viane as not aggressive and his body language as submissive and said that that evidence had been compelling.

Evidence was also given that the accused said after the spraying “you shouldn’t have any more problems with him”.

The accused had believed that Mr Viane had been involved in a strangling incident at a party at another address earlier in the night. He had not warned Mr Viane because he was too close.

Mr Viane was drunk and repeatedly said he wanted to go and see his girlfriend.

Mr Viane was taken to the police station where an antidote was administered.

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Officer convicted for pepper spray use

Oct 27, 2006

A Wairarapa police officer has been convicted of assault after pepper spraying a man in the face.

The police dog handler pepper-sprayed an unarmed, drunk man in the face at point blank range.

A court order means he cannot be identified, but the experienced officer claims he was just doing his job when he sprayed his victim, Masterton man Ben Viane.

The assault happened in March when Viane had been suspected of assault at a party. The officer claimed he used the blinding spray after Viane resisted arrest.

He then turned to two other officers and said “you shouldn’t have any problems with him. I’m sick of telling him.”

The two officers testified against their colleague, saying there had been no struggle, no danger and no warning.

The conviction comes as police trial taser stun guns to deal with violent offenders.

“If we can’t trust the police to use pepper spray, how can we trust them with tasers or more general access to firearms,” says Green MP Keith Locke.

A spokeswoman for police headquarters said the officer will now have to go through an internal disciplinary process to determine whether he will keep his job.

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Cop Not Guilty Of Firearm Charge

Allan Windrum

Wednesday December 20, 2006

An Auckland police officer who fired a pistol during a swoop on a dangerous criminal has been acquitted of a firearms charge.

A jury in Auckland District Court took about two hours to find Constable Allan Windrum not guilty of careless use of a weapon during the June 2004 police swoop on Zeke Lowe in suburban Remuera.

The Crown alleged Windrum fired a Glock pistol at Lowe, a P addict police were treating as armed and dangerous. It argued Windrum was careless when he fired a shot as his colleague Constable David Mayes was struggling with Lowe inside a Toyota.

But the jury agreed with Windrum’s lawyer Richard Earwaker that there was reasonable doubt as to whether his client’s use of the weapon was careless in the circumstances.

Mr Earwaker also argued that Mr Mayes was not in the car when Windrum fired his pistol.

He said Windrum was delighted with the verdict.

“He’s very relieved and he’s going to enjoy Christmas much more now that this is over with,” he told NZPA.

Windrum had not been stood down by police following the charge. He has spent much of the intervening period doing traffic work, which Mr Earwaker said he had enjoyed.

“It’s always tough on police officers who are always in the eye of the public. This has been a long process but Allan is pleased it has been resolved.”

Mr Earwaker did not wish to comment when asked whether the case should have been brought to trial.

Windrum was charged after the incident on June 16, 2004, when Lowe was captured.

Lowe had been on the run from police for three months when the June 16 incident involving Windrum occurred. He was being treated as armed and dangerous as he had taken a firearm during a burglary beforehand, and was possibly irrational due to a methamphetamine addiction.

After a car which Lowe was travelling in had been pulled over, Windrum had pointed his pistol at Lowe from beside the driver’s door and tried to arrest him, after which Lowe had reversed the car with the door open to knock Windrum over, Mr Earwaker told the jury.

He said Windrum fired a shot at Lowe through the rear windscreen shortly afterwards, a shot which did not hit anybody else, as all other options other than lethal force were gone and he was fearful Lowe would get away and be a serious threat to fellow officers and Remuera residents.

The Crown had argued that Mr Mayes was in the car at the time the pistol was fired and had Lowe in a headlock. Mr Earwaker said Mr Mayes had yet to get into the car at this time .

Windrum did not fire a second shot because the rear windscreen shattered and he could not see Lowe. He then went towards the front, pepper-sprayed Lowe and later helped Mr Mayes and fellow constable Lisa Magnusson arrest him.

Crown prosecutor Chris Morris did not wish to comment after the verdict.
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Drink-drive charge dismissed against police woman

14.06.05 1.00pm

A police officer who admitted driving home over the limit from the police station social club has had a drink-driving charge against her dismissed.

Sharee Leith Winsloe, 27, admitted drinking four glasses of wine and two kahluas before driving home in Invercargill on July 30 last year.

But Judge Noel Walsh dismissed the case because fellow police officers who went to the crash scene did not follow proper procedures.

Winsloe failed a breath-screening test after she crashed at an intersection about midnight and a subsequent blood specimen taken from her returned an excess blood alcohol reading of 105mg. The legal limit is 80mg.

Winsloe used her cellphone to report the accident to the police communications centre and two police officers arrived at the scene. At 12.41am Constable Bruce Martin asked Winsloe to undergo a breath screening test, which she failed.

Judge Walsh accepted Winsloe assumed she was going to be taken to the Invercargill police station, where she could contact a lawyer before undergoing an evidential breath test.

However, when an ambulance did not arrive, the attending officers decided to take Winsloe to Southland Hospital.

Judge Walsh said: “I find, as a fact, that Ms Winsloe assumed she was simply going to the hospital for an examination as to whether she was suffering from any injuries as a result of the accident and then she was going on to the Invercargill police station.”

While in hospital, Mr Martin advised Winsloe he had requested the doctor take a blood specimen from her.

Judge Walsh said in his judgement: “How could Ms Winsloe be expected to know (when she was read her rights on the way to the hospital) that in fact the police had no intention, at that time, of going on from the hospital to the police station where she would then telephone her lawyer?”

Mr Martin had told Winsloe one thing, but did another.

“In my view, in the particular circumstances of this case, there is a clear risk of unfairness or injustice flowing from (Mr Martin’s) representations,” Judge Walsh said.

He found Winsloe’s rights were unfairly infringed and the blood specimen taken from her was inadmissible.

However, he said there was no question Mr Martin had acted professionally and with integrity and there was no intentional “bad faith”.

Winsloe had earlier admitted a careless driving charge and is remanded to appear again on Thursday.

Police relieving area commander Inspector Barry Taylor said yesterday he would discuss the judgment with the Crown.

Comments Off

32 GOOD COPS

Posted in Bent Cops by Jack on 13/06/2005

Comments Off

31 PAYOUTS

Posted in Bent Cops by Jack on 13/06/2005

Policeman’s conduct ‘truly outrageous’

01 November 2008

A judge has slammed the “truly outrageous” conduct of a Christchurch police officer who elbowed a man three times in the face while he was handcuffed in a patrol car.

Judge Colin Doherty said Constable Nathan Connolly committed a “gratuitous assault” and awarded $5000 to victim Steven Fredericks.

Fredericks, 23, of Taylorville, and friend Ronnie McGee were driving out of Revingtons Hotel, in Greymouth, on September 8, 2005, when the incident occurred.

Leaving the carpark about 10.30pm, they were stopped by a police patrol, which included Connolly. McGee took a breath test, which he failed.

Although the judge found McGee was “obstreperous” during the incident, he concluded Fredericks was a “reticent and relatively subdued personality”.

Earlier this month, the Greymouth District Court heard that Connolly tried to get Fredericks out of the car and a scuffle developed which ended with him being handcuffed on the ground and then put in the police car.

As Connolly put the seatbelt on Fredericks, the officer elbowed him in the face, the judge found.

“(Fredericks) described three separate blows, each of them deliberately aimed and applied; the last of them appearing to have particular thought put into it by Constable Connolly,” the judge wrote in his judgment.

“Constable Connolly was in my view frustrated and wanted to teach the plaintiff a lesson because of his earlier resistance. His conduct carried with it a sense of retribution; of reinforced arrogance.”

The judge said “right-minded people” would find these actions “abhorrent”.

Connolly denied he hit Fredericks and a fellow officer said he had not seen anything “untoward”.

The judge said the case came down to one man’s word against the other’s, but that Fredericks’ evidence had “the ring of truth about it”.

“On the other hand I think Constable Connolly downplayed his role in the matter.”

A doctor said the injuries to Fredericks’ face were consistent with being hit in the eye socket and nose.

Fredericks’ co-counsel Jonathan McCarthy said the judgment gave him the “greatest confidence in our justice system”.

Since the incident, Connolly has moved to Christchurch. The Press was told yesterday that he was taking “extended leave”.

Police spokesman Jon Neilson said the case was still “in the court process in terms of a right of appeal”. The officer was being dealt with under a human resources employment process.

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Police crash inquiry not acceptable: judge

20 September 2008

A judge has criticised police for its handling of a crash investigation involving an Alexandra man who was later cleared of careless driving charges.

Yesterday, Shane Cribb, of Alexandra, was awarded $17,900.45 costs by Judge Stephen O’Driscoll.

Mr Cribb was convicted in March 2006 of careless driving causing injury after a crash on Earnscleugh Rd involving Senior Constable Neil Ford.

Judge O’Driscoll recommended that in the future police prosecutions seek independent expert crash investigators for crashes involving officers.

“The investigation of the crash by the police … was less than satisfactory and not in accordance with best practice.

“There was not an independent investigation of the crash nor was independent evidence provided to the court by the police at the defended hearing,” he said.

Judge O’Driscoll dismissed the charge in the Alexandra District Court in June because a woman who witnessed the crash said the policeman turned in front of Mr Cribb without indicating.

Mr Cribb’s lawyer Russell Checketts sought an order for costs of more than $25,000.

The claim included costs for time spent by people assisting Mr Cribb’s defence and interest incurred by his supporters. However, Judge O’Driscoll said neither were costs incurred by Mr Cribb and could not be awarded.

The $17,900.45 was the actual costs of his defence.

Mr Cribb’s advocate throughout, Steve Potter, had paid the defence costs for Mr Cribb. Mr Cribb had been driving Mr Potter’s daughter’s car at the time of the crash.

“We are happy that we’ve been awarded our legal expenses but we are not happy that we haven’t been given other costs incurred fighting truth and justice,” he said.

He had spent 770 hours working on the case, which he had claimed $10 an hour for and was now considering a civil case.

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Acquitted worker wins extra $20,000 in costs

Saturday July 05, 2008

A woman acquitted on a charge of stealing nearly $400,000 from her employer was awarded $20,000 by the Court of Appeal yesterday.

Fay Afato was charged in 2005 with stealing $390,000 from her employer, Travelex. The money had been stolen out of a safe using Ms Afato’s security codes.

Ms Afato and another employee were also apparently filmed on a closed circuit television (CCTV) tape turning off the recording 12 hours before the burglary.

Police charged Ms Afato, who denied any involvement in the crime.

Before the trial, Ms Afato hired a detective who discovered that if the CCTV recording had been viewed in its entirety, it was clear the video recorder had not been turned off as police had thought.

The prosecution accepted the detective’s findings but still elected to take Ms Afato to trial. During the trial it was established Ms Afato’s security codes were not secure and were available to other staff members.

It was also discovered a key used to gain access to the building was one that had been lost by another employee some months earlier.

The presiding judge acquitted Ms Afato of all charges and awarded her $8072.80 to cover costs of hiring the detective.

Ms Afato appealed against the amount of compensation, saying it was inadequate.

In their decision yesterday, Justices William Young, Warwick Gendall and Ronald Young said the pre-trial investigation by Ms Afato established that her actions in relation to the security camera were not suspicious.

Further questioning of witnesses during the trial also established she was not guilty, the justices said. They said a proper police investigation would have revealed there was not sufficient evidence to charge Ms Afato.
The judges awarded Ms Afato $20,000 on top of the $8072.80 already awarded to her.

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That’s a spicy Police Meatball!

Protestor awarded $5,000 after being pepper-sprayed in face
A judge has awarded a protestor $5,000 in compensation after he was pepper-sprayed in the face by police. The judge found that the pepper-spraying of Simon Oosterman at a GE Protest in 2005 was unreasonable and breached police guidelines. The arrest of Mr Oosterman was captured on camera, but he was just out of view when police pepper sprayed him. Mr Oosterman then had to be carried off by police. In awarding Mr Oosterman $5,000, a judge found the actions of the arresting officers were unreasonable and breached the bill of rights. “I wasn’t given warning, it was too close to my eye,” Mr Oosterman says. “Iit should be a metre away. It was 20 centimetres and there were other options that were available for those officers.” The judgement also criticised police for breaching their own guidelines which prohibit the carrying of pepper spray at protests unless there is specific authorisation.

Bah-hahahahahahahahahahahahahahahaha! And the Judge warned the cops that next time they will be charged with exemplary damages on top of whatever fine they get for misusing pepper spray and that warning comes in the week when Police have to pay out to another person they wrongly pepper sprayed. The Falwasser family should take a private prosecution against the police and make them pay for their abuse of Police powers with his cell block smash down. $5000 – that’s one spicy Police meatball!

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Detained pepper-spray victim finally gets $7500 payout

July 02, 2008

The man was taken into police custody before he was pepper-sprayed.
An Auckland man has won a seven-year battle with police after receiving a $7500 payout for being unlawfully detained in police cells, during which time he was pepper-sprayed and needed ambulance treatment.

The man, now 47, admits to having a “chequered past” but has since turned his life around.

He has changed his name, is self-employed and owns his own home on the North Shore – achievements he attributes to an education programme he attended which taught him a trade while serving almost five years in Paremoremo Prison for a charge of grievous bodily harm.

The police payout several weeks ago stems from an incident in Wellington Central Police Station in January 2002 when the man, then known as Seamus McDonnell, reported for his weekly bail check.

Mr McDonnell was on bail awaiting sentencing on five charges of providing police a false driver’s licence after being caught speeding five times.

When he reported to the station on January 2, an error on the police computer system meant the senior sergeant on duty believed Mr McDonnell was meant to be reporting three times a week, and had therefore breached his bail.

Mr McDonnell was taken into police custody, where he was pepper-sprayed. He went into a seizure which resulted in ambulance treatment.

In the ensuing battle, Mr McDonnell’s lawyers sought $25,000 in costs, alleging he had been denied the opportunity to consult a lawyer, unfairly detained, strip-searched, handcuffed and pepper-sprayed.

A police report form from the arresting officer states that Mr McDonnell was advised of his rights and that he “removed all of his clothing without being requested to doso”.

It states Mr McDonnell became aggressive and the police officer, fearing for his safety, used a “long burst” of pepper spray in his face.

Police called an ambulance when they found Mr McDonnell lying on the floor having a seizure, the report said.

The report chastised the courts, saying it was “not satisfactory” staff had not updated Mr McDonnell’s bail reporting conditions.

A brief apology to Mr McDonnell from Assistant Commissioner Jon White, dated March 18 this year, reads in its entirety:

“I acknowledge that lapses in the system for recording bail conditions resulted in you being arrested and detained for breach of your bail reporting conditions on January 2, 2002.

“I acknowledge that you had complied with the condition of bail and regret the interference with your liberty.”

Mr McDonnell, who does not want his new name revealed because he has moved on from his former life, said he was pleased his fight with police was over.

He does not care about not being paid $25,000, saying his battle was not one of money, but principles.

He wants people to know that it is possible to take on the police and win.

“I want people to know that we can get something in the end,” he said.

“I want everyone to see that someone they [police] don’t like can do it.

“One comfort to me is now they know they have to watch out a little bit.”

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30 CHARGES/CLAIMS PENDING

Posted in Bent Cops by Jack on 13/06/2005

Employment hearings for former police delayed

Oct 23, 2008

Two former Temuka police officers who claimed they were forced to quit the force because of workplace tensions will not have their grievance cases heard until next year.

Bruce Ramsay and Christine Coy were unhappy with how they were treated by their former employer more than five years ago.

Their cases were initially set down to be heard by the Employment Court in November.

According to the two former long-serving constables, workplace tensions at the Temuka police station were so bad they prompted them to quit, resulting in launching grievances with the Employment Relations Authority.

The claims were deemed so serious by the authority it agreed to bypass its own investigation and move the cases directly to the Employment Court.

Mr Ramsay said he quit the force in 2003, after working as a police officer for 25 years, the last 16 as a constable at Temuka, in South Canterbury.

He left because of a combination of how complaints by him against a supervisor were dealt with, and a sexual harassment complaint that was made against him to the Police Complaints Authority.

Constable Christine Coy, who worked at Temuka station for nine-and-a-half years, said she left because she was subjected to a “campaign by her supervisor of intimidation, harassment, humiliation and abusive behaviour, which had the effect of undermining her position and disadvantaged her”.

Her employers had failed to deal with issues raised by her in an appropriate or adequate manner.

Both Mr Ramsay and Ms Coy terminated their employment in circumstances they say amounted to constructive dismissal.

Last year when Employment Authority member Helen Doyle referred the complaints to the Employment Court, she said each case on its own would not merit a move directly to the Employment Court, but the cases together were appropriate for the court to investigate.

“There is, in my view, public interest in how such allegations were dealt with in the context of a small rural police station and the police general instructions.”

No new dates for the hearings had been set, but an Employment Court spokeswoman said it was likely to be March or April before the court had hearing time available.

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Police woman quits over assault allegation

Thursday, 16 October 2008

A woman police officer has resigned from the force after being privately charged with assault and trespass arising from an arrest she made.

She is a mother of two children aged seven and eight, and she has been in the police for several years. She is aged in her 30s.

The woman was granted name suppression when she appeared in Christchurch District Court today, Christchurch Court News reported.

Defence counsel assigned by the Police Association, Steve Hembrow, told Judge David Holderness that the woman had been a serving police officer at the time of the alleged incident, but had since resigned.

“There is no public interest in her name being published at this point,” he said, and Judge Holderness granted the order.

The prosecution has been brought by a friend of a man she arrested at what began as a traffic stop, where the discussion and dispute took place in a person’s driveway.

The prosecution is seeking police disclosure of a series of documents including the notebooks of the officer and her partner, her senior sergeant’s notes, cell records, and the names of at least one officer it wishes to call as a witness.

The judge said he had no jurisdiction to order a defendant to make documents available through discovery.

The application will have to be made directly to the police.

Judge Holderness remanded the woman for a status hearing – which usually precedes a trial before a judge-alone – on December 2.

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Lawsuits may follow ex-cop’s claim

Oct 13, 2008

A former undercover police officer’s claims he deliberately gave false evidence could result in convictions being quashed, compensation granted and lawsuits taken against the Crown, one legal expert says.

University of Auckland law expert Associate Professor Scott Optican said criminal convictions could be overturned, depending on the importance of the evidence given at trial by former officer Patrick O’Brien.

The now 59-year-old Mr O’Brien infiltrated the shady world of drug dealers in the 1970s, later becoming a star witness for the Crown.

But racked with guilt and a “dreadful secret” that has plagued him for the past 30 years, Mr O’Brien wrote to Chief Justice Dame Sian Elias admitting to perjury in the trials.

He claimed he lied every time he gave evidence while under oath and had been complicit in sending at least 150 people to prison.

Professor Optican – a former United States prosecutor – said recantations were not uncommon.

“But if a police officer gets up there and says, ‘I did perjure myself’, and has no motive to do it other than to come clean, then I would imagine an appellate court would give it some credibility – but I don’t know the circumstances of his recantation.”

He said in terms of civil compensation, ex-gratia payments were possible from the Crown if someone is able to prove themselves innocent and to have been wrongfully convicted.

“There may also be the possibility of a civil lawsuit by the defendant against the Crown on the basis of the police officer’s intentional misconduct as an agent of the Crown,” he said.

Wellington lawyer Bruce Squire, QC, who is investigating the allegations on behalf of the police, could not be contacted for comment last night.

But former undercover policeman turned Auckland criminal lawyer Tony Bouchier said the revelations weren’t news to him, as Mr O’Brien had made the allegations on a television documentary, Going Under, which aired this year.

“I’m not sure if I’m surprised or not … I don’t know if it’s as serious as what’s alleged,” said Mr Bouchier.

Asked if he thought there was any truth to Mr O’Brien’s allegations, he said: “It’s his experience, and I really can’t say, but for me Paddy O’Brien is a man of his word and if he says it’s happened, it’s happened.”

Mr Bouchier, who was in Sydney yesterday, said he was “not comfortable” speaking about the danger and long-term stress undercover police officers were exposed to.

But on the documentary he revealed he had lost close friends to the undercover programme and was “incredibly angry” the force had put him in danger of going “the other way”. He said undercover agents he knew had gone to jail; others had beaten their wives or become alcoholics or drug addicts.

“The work itself was nearly the end of me,” he said.

In the documentary, Mr O’Brien said he resigned from the force “because basically I was a corrupt policeman”.

“Some of the things we did were totally unacceptable … I had no right to be wearing that uniform.”

In his letter he admitted to tampering with evidence and deceiving his operators, usually high-ranking detectives stationed in the communities where Mr O’Brien operated undercover.

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Man claims he was beaten while cuffed

19 September 2008

An internal police investigation is under way into an alleged beating in the Christchurch Central Police Station cells that left a man with a fractured eye socket and ribs, putting him off work for 11 weeks.

Self-employed fencing contractor Jason Brougham, 35, was arrested for wilful damage to a vehicle on the night of December 30 last year.

Brougham said when he left custody the next day he had two fractured ribs, a fractured eye socket, concussion and bruising, including a boot imprint on his forehead, after a beating he said was inflicted by five officers over a 20-minute period while his hands were cuffed behind his back.

Brougham, who lives with his mother in Sockburn, also said the officers concerned explained that the injuries were sustained because he resisted their orders.

Inspector Rick Jury said a senior sergeant was investigating the incident.

“I can confirm there is an internal police investigation being conducted. But at this stage it’s too early to make any determination about any outcome,” Jury said.

Brougham confirmed he had complained to the police about his treatment and also to the Independent Police Conduct Authority.

The alleged beating, which took place in a cell without cameras, began after three officers demanded he strip, he said.

Brougham, who had been drinking, said he refused and demanded he be allowed to call his lawyer and was told that if he did not strip, then they would do it for him.

“I think what kicked it off is I said, ‘you blokes must have homosexual tendencies’,” he said.

“Then two more cops came down and the job was on.

“I think after the first couple of blows that was it, I was done. Then they pinned me to the floor and started to strip me.”

Brougham said the beating continued after they stripped off his trousers but the handcuffs meant they couldn’t get his top off.

“I tried to pull myself up on the wall and then was kicked or kneed in the chest and collapsed on the floor not breathing very well.

“I heard a cop say, `whoa whoa, stop, I think he’s had enough’.”

Brougham said it was a terrifying experience.

“I thought I was going to die. I’ve never seen so much blood.”

After the beating he was moved into another cell and a cleaning crew was brought down to waterblast the cell, he said.

They also summoned a doctor who put a plaster on a cut and told Brougham: “You’ll be fine.”

The next day Brougham was processed and then released.

“They tried to print me but the cop said, `I can’t print you because your hands are covered in blood’.

“They didn’t clean me up whatsoever. I had blood all over me, on my knees and in my ears.”

Brougham, who has been to prison for drunk driving, said the investigating officer told him that had he inflicted a similar beating on another member of the public he would have been charged with grievous bodily harm.

“I haven’t got a flash history but I’ve never come out of the cells looking like that before.”

Brougham said he did not want the officers to lose their jobs but they needed to be held accountable.

“The reason I’m doing this is I don’t want it to happen to someone else.

“Next time, who’s to say they’re going to come out of it.”

To rub salt into Brougham’s wounds, he was subsequently charged with resisting arrest and assaulting police.

However, the assault charge was dropped and Brougham was convicted and fined $300 for resisting arrest.

“I was on my face with my hands cuffed behind my back and they say I struck an officer several times in the chest how could I?”

Brougham said he was unable to work for 11 weeks due to the fractured ribs.

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Police recruit on rape charge

7 August 2008

A police recruit is charged with raping a woman he met on the internet, two weeks into his training.

The recruit, Mark James Tulloch, 30, is suspended from police college on full pay, and from the army, where he was a part-time territorial force soldier.

He is protesting his innocence and says he wants to return to his training once he has cleared his name.

Tulloch was arrested in April four days after the alleged crime. He faces one charge of raping a woman he met over the internet.

Police did not oppose suppression of his name and identifying particulars when he appeared in Porirua District Court in April.

But when the case reached the High Court on August 18, Justice John Wild said he wanted to know whether there was a proper basis for the suppression.

In a decision last week, Justice Simon France refused suppression but gave Tulloch till 5pm yesterday to appeal. No appeal was filed.

A police headquarters spokesman said Tulloch was stood down in accordance with standard procedures when officers are under investigation, including receiving his recruit salary, which is $33,000 during training.

Any decision on his future in the police would be made once the court process was completed. The army did not comment last night.

The High Court was told Tulloch had given a long police interview and cooperated with the investigation in all respects.

He had asked the court to keep his identity secret, saying he wanted to complete his police training if he was acquitted, and publication of his name would irreparably damage his future career.

It was said the possibility of taunting and increased tension, as well as the stigma of the rape allegation, would make it impossible for him to do his job.

Tulloch’s lawyer, Mike Antunovic, said that with the trial not due to start till March 23, his client would face seven months without his side of the story being known.

In his decision, Justice France said he accepted the kind of allegation Tulloch faced carried high stigma and there was a risk that “mud sticks”.

But he was not convinced Tulloch’s name and image would be recalled to the degree that it would affect his career if he were to become a police officer.

“I do not accept publicity would make it impossible for [him] to be a police officer even though acquitted.”

In 2005, a 33-year-old police recruit was charged with the sexual assault of a Christchurch prostitute.

He was stood down on full pay while police investigated and in 2007 was cleared by a jury.

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Charge police, says mother

10 July 2008

The mother of a young woman killed by a paroled criminal on a witness protection programme wants police to investigate charging senior officers and Corrections staff with attempting to pervert the course of justice.

Police and Corrections apologised yesterday to the family of Nelson woman Debbie Ashton, 20, who was killed in a car crash by Jonathan Alan Barclay, who should have been back in jail at the time for breaching parole conditions.

Ms Ashton’s mother, Judy, said some senior officers and Corrections staff knew Barclay was going to use an alias when he appeared in court on driving charges, but failed to tell the judge.

Had the judge known his real name, his extensive criminal record, and that he had already lost his licence and was on a final warning, he would have been sent back to jail. He should also have been kicked off the witness protection programme for breaking the law, and recalled to jail by Corrections for offending while on parole.

Instead he was treated as a first offender, lost his licence again and walked from court to kill Ms Ashton in a car crash a month later. He is serving a 5 1/2 sentence for manslaughter.

Mrs Ashton said she believed the people who allowed him to evade justice by using a name created by the witness protection programme had perverted or obstructed justice. She said her family still did not know what had happened to those people.

“They are not, and should not be, above accountability.”

National Party MP Nick Smith, who arranged a news conference with the Ashton family yesterday, said serious questions remained around how senior police, Corrections staff and Barclay’s lawyer “knowingly misled [a judge] into thinking he was a first-time offender”.

A ministerial report into Ms Ashton’s death issued yesterday found widespread failings by police and Corrections staff and their systems.

The report by Kristy McDonald, QC, says Ms Ashton would be alive but for repeated failings.

Mrs Ashton said she could not understand why a career criminal was being protected by suppression orders and a justice system focusing on offenders and not victims.

The Dominion Post had to go to the High Court to challenge the apparent suppression. The judge’s decision was made public yesterday.

Mrs Ashton’s husband, Ted, said the message being sent to the killer was that he was above the law. Neither the police nor Corrections acknowledged that they had blood on their hands over the case. Nobody had been fired, nor had compensation been offered.

Corrections Minister Phil Goff said mistakes were made, but to say that staff in the two departments had obstructed justice went too far.

Probation Service general manager Katrina Casey said “there were things in the way we managed this offender that were not appropriate … We did have a role in the death of Debbie Ashton and have apologised.”

One staff member had been “spoken to” and another, who made the decision not to recall Barclay to prison, left the department before the case came to light.

Police national crime manager Win van der Velde said he too accepted that police, who failed to manage the risk to the community, had some responsibility for the death. Changes had been made to the witness protection programme.

Lawyer Mark Dollimore, who faces a Law Society complaint for not advising the court that his client, Barclay, was using an alias, defended his actions.

“I have at all times correctly followed the rules, and advice given to me by senior counsel, including a QC, confirms that I have not breached my duty to the court or defendant client.”

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Protest over shooting response

June 19, 2008

The New Zealand Sikh Society and the family of slain liquor store co-owner Navtej Singh are to make a formal complaint about the police handling of the case.

The complaint will focus on the police decision to hold back an ambulance from reaching the Manurewa store in south Auckland despite several calls from family and friends saying the gunmen had left the scene.

Mr Singh, 30, died in Middlemore Hospital 24 hours after being shot while apparently offering no resistance to three armed robbers at the Riverton Liquor Store in the Randwick Park area of Manurewa on June 7.

The first 111 call following the beginning of the robbery was received about 9.05pm but police did not enter the store until 9.31pm and paramedics entered at 9.38pm – 20 minutes after they arrived at a “safe point” near the scene.

Police later said they had to establish where the gunmen were before they entered the scene so nobody else’s life was at risk.

At a meeting of about 15 community leaders last night it was decided to lodge a formal complaint with the Independent Police Conduct Authority.

New Zealand Sikh Society spokesman Daljit Singh said the complaint was not being made for financial gain but to ensure no one else was put in the same situation.

“Every person should have that right that if he, or she, needs medical help it should arrive immediately.

“The family was sitting in the meeting … actually it was their decision [to make the complaint] and the New Zealand Sikh Society took the matter from them and said okay, we are ready to support you if you want to do that.”

Mr Singh said a rally against crime would also be held on Saturday afternoon in Manukau.

Sandeep Verma, spokesman for the victim’s family, said the Sikh Society was helping the family to get justice.

“There are still some unanswered questions from the police and the other authorities about why Navtej Singh didn’t get the treatment when he was shot.

“He might have survived … if he had got the treatment [earlier].”

Mr Verma said the family didn’t know what the outcome of the complaint would be, but hoped it would bring about change that was “helpful to the community”.

* Two men were charged with Mr Singh’s murder, aggravated robbery and armed robbery charges last week. Two other men have been charged with armed robbery.

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Cormack suspect’s plea

June 15, 2008

A man who for years was the prime suspect in the Teresa Cormack murder case is seeking an official pardon after claims he was “fitted up” on kidnap charges after refusing to co-operate with police investigating the high-profile murder.

Auckland lawyer Ron Mansfield will this week file papers in the Court of Appeal on behalf of Wayne Montaperto in a bid to quash a 1988 conviction for the kidnap of four children in Hastings in 1986.

Montaperto – who was sentenced to three years’ imprisonment on the charges – has always maintained he was “fitted up” by police because he refused to co-operate with officers investigating the 1987 murder of Cormack.

Police yesterday rejected those claims, saying there would have been no benefit to the team investigating the Cormack murder in locking up Montaperto for kidnap.

During the early stages of the inquiry Montaperto – who had at least 20 criminal convictions at the time Cormack was murdered – was publicly identified by police as a chief suspect.

This was after claims Montaperto had been seen with a small girl in his car on the morning that Cormack disappeared.

Police asked for a DNA sample from Montaperto but he refused and claims officers retaliated by pinning kidnapping charges on him.

In 2002 police finally got their man after advances in DNA technology linked a blood sample from Jules Mikus with a semen sample found in Cormack’s underwear.

But for Montaperto those years of being under the police spotlight would have near-fatal consequences.

In 1993 he suffered brain damage after being beaten with an iron bar by a man seeking retribution over Cormack’s death.

Mansfield’s petition is based on evidence that was not presented at Montaperto’s original trial in 1988 or the subsequent case made to the Court of Appeal.

Montaperto claims that on the day the four children at the centre of the kidnapping case were abducted he was in Napier, not Hastings, and says he has documentation from the sale of a vehicle to prove this.

His previous defence counsel Russell Fairbrother, who is now a Labour list MP, was aware of Montaperto’s alibi, but chose not to raise it at the original trial.

Yesterday he refused to say that was a “wrong decision” but conceded it was “sad” and “regrettable”.

“We were lined up to call it. The witness was available, but you make these decisions, you make a judgment call. I thought the case could be run without calling [alibi] evidence.”

Fairbrother said the early stages of the 1988 trial had gone well for Montaperto, but things changed once the judge was made aware by the prosecution that Montaperto was a suspect in the Cormack case.

From there the whole attitude of the court changed, Fairbrother said.

“I know what went on. I know how he (Montaperto) was dealt with. I know how I was dealt with by police,” he said.

Brian Schaab – who for a time headed the Cormack police inquiry – said he believed there was no substance to the claims.

There would have been no benefit to police in framing Montaperto for a crime he didn’t commit, Schaab said.

“It doesn’t make sense. We wouldn’t have achieved anything in doing that,” he said. (That’s where ‘perversity’ comes in.)

But Mansfield told the Herald on Sunday it was quite clear Montaperto “was in the gun” because police believed that he was the killer of Teresa Cormack.

“The way this has affected his life is tragic, nothing less,” Mansfield said.

“All he is interested in now is clearing his name for his benefit and the benefit of his family.”

Montaperto said the kidnapping case had been based on “a pack of lies” which had “destroyed” his life.

“The police fitted me up because I wouldn’t co-operate over Teresa Cormack. They know it and I know it,” he said.

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Blenheim cop to stand trial on dangerous driving

June 10, 2008

The Blenheim policeman charged with dangerous driving after a crash in the Buller Gorge that left two motorcyclists seriously injured has been committed to stand trial.

Blenheim-based Sergeant Anthony Dale Bridgman, 57, has denied two charges of dangerous driving causing injury to two Wellington motorcyclists who collided with his vehicle on December 1, while he was doing a U-turn.

Justices of the Peace Harry Baigent and Mary Harley concluded at the second day of a depositions hearing today that there was sufficient evidence to put Bridgman to trial.

Giving evidence in Nelson District Court yesterday motorcyclist Brent Russell said that the vehicle appeared suddenly across the road, leaving him only a few seconds to work out how to survive.

“But I thought I would probably die when I hit the car,” he said.

Mr Russell told the court he was travelling with a group of motorcyclists from Wellington, intending to head to the West Coast.

He said one of the motorcyclists pulled over near the Buller Gorge Swingbridge and waved him and fellow rider Marty Collins past.

As they went around a bend, he saw Mr Collins steer to the right and a large white vehicle in front of him, lying diagonal to the road, the Nelson Mail reported.

“I realised I had very little room to manoeuvre and wondered what the hell I was going to do.

“I had thought of my wife and children and the consequences, obviously.”

He said he suffered eight to 10 breaks in his pelvis, which required titanium plates.

He also lost the top of his right thumb and suffered a broken wrist – which required surgery – a broken pubic bone and concussion.

Mr Russell said Bridgman came over after the crash and asked him if he was okay.

He replied by asking “what the hell” Bridgman had been doing at that part of the road.

“His reply to me was that I was speeding. I replied to him an expletive, in effect go away.”

Bridgman has remained working with Marlborough’s highway patrol.

He was remanded at large to a callover on August 15.

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Officers sprayed and beat man, jury told

June 10, 2008

John Mills, Erle Busby and Keith Parsons stand in the dock. Not pictured: Bruce Laing.

A jury has heard how a group of long-serving police officers allegedly repeatedly used pepper spray, batons and riot shields to restrain a man they say refused to be photographed and fingerprinted.

In the dock at Tauranga District Court yesterday was Sergeant Keith Derek Parsons, who faces two charges of assault using a blunt instrument (a baton) and one of using OC (pepper) spray as a weapon.

With him were Sergeant Erle Busby, facing four counts of assault with a blunt instrument (a baton), and Senior Constable Bruce Gordon Laing and Constable John Edward Mills, both charged with assault using OC spray as a weapon.

The four defendants have been on bail since their first appearance in December 2006 and been suspended from their jobs since the criminal charges were laid.

The charges relate to an incident in October 2006 when the complainant, Rawiri Falwasser, was reportedly taken into custody for unlawfully taking a motor vehicle.

In his opening statement, Crown prosecutor Fletcher Pilditch said that by law police officers were “entitled to use reasonable force”.

“But that’s not a blank cheque,” he said.

“That’s not use any force you like and how much force you like.”

He said Mr Falwasser had experienced “what could be described as a deterioration of his mental health” when he took his neighbour’s car in full view of the person.

Witnesses reported seeing Mr Falwasser driving erratically to Edgecumbe, about 20km away.

Mr Falwasser was found by police later in the day and was taken back to Whakatane police station for processing. It is there the assault is alleged to have happened.

The Crown alleges Parsons, who has a 25-year police service record, pepper-sprayed Mr Falwasser in the face two or three times after the latter refused to be fingerprinted or photographed.

Busby then allegedly struck Mr Falwasser from behind on the hand and wrist with separate blows as he put his hands up to protect his face.

As Mr Falwasser made movements towards the door, Busby allegedly struck him on the head, causing bleeding.

Mr Pilditch said that over the next 10 minutes Mr Falwasser remained in the cell, which was shrouded in pepper spray, making it “intolerable for police officers”.

Later, Laing and Mills continued to pepper-spray Mr Falwasser’s cell as he remained there, squirting the spray through vents over a 10- to 15-minute period.

“The Crown says the assaults were not justified in law,” said Mr Pilditch

“It’s a sad reality that the police have to use force – no one likes it, they probably don’t like it.”

The case is expected to take several weeks and jurors will be taken to Whakatane this week to inspect the scene of the alleged prolonged attack.

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Trial begins for four police on assault charges

June 09, 2008

The trial of four long-serving Whakatane police officers who have denied assaulting a young man in the town’s police station 20 months ago starts this afternoon.

A jury of six men and six women have been assembled in Tauranga District Court with Judge Patrick Treston presiding.

The Crown case opens this afternoon.

In the dock are Sergeant Erle Busby, facing four counts of assault with a blunt instrument (a baton), Sergeant Keith Parsons, who is on three similar charges, and Senior Constable Bruce Laing and Constable John Mills, each on one charge of assault with a baton.

The four accused have been on bail since their first appearance in December 2006. They were suspended from their jobs when criminal charges were laid.

The alleged victim was a 20-year-old Edgecumbe man, reportedly taken into custody on suspicion of unlawfully taking a motor vehicle.

Jury members will be taken to Whakatane later this week to inspect the scene of the alleged prolonged attack.

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Police in court on cover-up charges
May 17, 2008

Four current or former police officers have been charged with conspiring to defeat the course of justice after allegedly lying about the way a man died.

The four appeared in Manukau District Court yesterday. Two including Clinton Hill, who faces an additional charge of assault are serving police officers. They have been stood down from duties.

A third, Benson Murphy, is understood to be an officer in the Queensland police force. The fourth man is a former officer.

Two of the accused were granted name suppression until next Friday.

Hill, 29, is charged with assaulting George Tipene Harris, 24, on October 3, 2004, shortly before he ran into the path of a street sweeper and was killed.

In March, the Weekend Herald revealed that a high-level police inquiry had started into an alleged cover-up over Mr Harris’s death.

Yesterday’s charges result from that inquiry, led by Detective Superintendent Malcolm Burgess.

The Weekend Herald understands Mr Burgess’s inquiry was prompted by new information claiming Mr Harris was assaulted in the back of a police car shortly before the accident.

Mr Burgess would not comment yesterday.

The Independent Police Conduct Authority (formerly the Police Complaints Authority) inquired into the death in 2004 but found no one at fault.

Mr Harris had a 3-year-old son, Julius, with his partner of 10 years, Nii Enoka.

“The family are happy that the matter is now back before the courts so that justice can take its proper course,” said their lawyer, Chris Wilkinson-Smith.

They had delayed unveiling a memorial to Mr Harris because they considered the case unresolved.

Police officers told an inquest that Hill, who was off duty, arrested Mr Harris for trying to take his cellphone and was walking him to the Wiri police station when two constables in a patrol car stopped and picked up the two men.

One officer told the inquest that Hill shouted and swore at Mr Harris, but no evidence was given that an assault took place.

Hill had drunk up to eight beers and Mr Harris was affected by alcohol and cannabis, the inquest heard.

The policemen in the car admitted incorrect procedure had been followed in placing Mr Harris on the driver’s side in the back seat. Suspects and prisoners were supposed to be placed on the passenger side because that door was automatically locked.

When the car stopped, Mr Harris opened the door and ran away, the inquest was told. Mr Hill gave chase.

Semisi Cocker, who was driving the street sweeper, said Mr Harris ran in front of the truck.

“I thought he was trying to stop the truck,” Mr Cocker told the inquest. “I tried to slam on the brakes but it was too late.”

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Policeman in crash awaits his fate
May 15, 2008

A policeman who crashed his car and seriously injured a teenager will have to wait until next month to find out his fate.

Aaron Holmes is charged with careless use of a motor vehicle causing injury after an incident last August 3 which left 13-year-old Farhat Buksh with serious brain injuries.

Holmes appeared in Auckland District Court yesterday for a defended hearing. Court documents showed he was chasing a car that sped off from a police checkpoint when he came over a rise onRichardson Rd, Mt Albert, and struck a car that was waiting at a pedestrian crossing, before going on to hit the post that injured Mr Buksh.

Judge Ian McHardy is expected to deliver his decision on June 13.

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Pepper-sprayed protester sues police for $50,000
April 23, 2008

A veteran protester is accusing police of assault and wants $50,000 compensation after suffering a week-long headache from being pepper-sprayed, Rotorua District Court was told.

Simon Oosterman, of Auckland, was sprayed during a protest at Rotorua’s Scion on January 30, 2005, the Daily Post reported.

He is seeking costs for assault and breaches of his rights.

A three-day hearing into the case began yesterday before Judge Chris McGuire.

Mr Oosterman was charged with resisting and obstructing police following the protest but cleared on both charges.

Yesterday, Mr Oosterman’s lawyer Graeme Minchin said the issue was whether police actions during the protest were reasonable.

Mr Oosterman said he was part of what was intended to be a peaceful but noisy protest organised by the Rotorua GE Free group against genetically modified trees.

He said he was pepper-sprayed when he tried to stop police from grabbing the group’s media adviser.

Mr Oosterman suffers mild asthma and had trouble breathing. He was taken to the police station where he continued to wash out the pepper spray but the pain did not ease.

Mr Oosterman went to Rotorua Hospital when he was told to continue putting water in his eyes.

“The pain continued for perhaps an hour and afterwards I had a serious headache for over a week,” he told the court.

The case is continuing.

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Police assault, then death – new claim

March 29, 2008

A high-level police inquiry has started into claims a man was beaten in police custody shortly before being fatally injured when a street-sweeping truck hit him.

If this were established, it could result in a charge of manslaughter.

Fork-hoist driver George Tipene Harris was 24 when he died from injuries caused when the truck hit him early on October 3, 2004.

An inquest in 2005 heard conflicting evidence about what happened just before the accident, but nothing in evidence then available suggested Mr Harris had been assaulted.

The Independent Police Conduct Authority (formerly the Police Complaints Authority) made an inquiry in 2004.

Its report has not been made public.

Detective Superintendent Malcolm Burgess yesterday confirmed he was looking into the matter.

“I am reviewing new information and will make a decision about the direction of new inquiries.”

Mr Burgess said the matter was at an early and sensitive stage and he would make no further comment.

Mr Harris’ family has welcomed the new inquiry. Their lawyer, Christopher Wilkinson-Smith, said they did not believe the earlier investigations or the inquest had heard the full story.

They had delayed an unveiling of a memorial to Mr Harris because they considered the case was unresolved.

“The family have been aware for some time of relevant witnesses who were reluctant to say what had really happened, Mr Wilkinson-Smith said.

“They welcome the news that a very senior police officer has been assigned to re-investigate. The family will co-operate with the police in any way they can.”

Mr Harris had a three-year-old son, Julius, with his partner of 10 years, Nii Enoka. Ms Enoka and Mr Harris’ mother, Daisy, attended the inquest.

Coroner Sarn Herdson found “shortcomings” in the arrest and custody procedures.

She noted that Mr Harris was affected by alcohol and cannabis, and the off-duty officer involved, Constable Clint Hill, was affected by alcohol.

Mr Hill, who is still working as a police officer, yesterday declined to comment.

The inquest heard that Mr Hill had drunk up to eight beers that day and was on his way to another bar when he arrested Mr Harris in Ronwood Ave, Manukau, for trying to take his cellphone.

Mr Hill told the inquest he was walking Mr Harris to the Wiri police station, on Ronwood Ave when Mr Harris ran off. He gave chase and tackled Mr Harris.

Two police constables in a passing patrol car on their way to deal with an impounded vehicle stopped and offered to take the officer and Mr Harris to a police station afterwards.

One of the constables testified that on the short drive to where the impounded vehicle was, Mr Hill shouted and swore at Mr Harris, who was calm and not aggressive.

All three policemen admitted the incorrect procedure had been followed in placing Mr Harris on the driver’s side in the back seat. Suspects and prisoners were supposed to be placed on the passenger side because that door was automatically locked.

When the car stopped Mr Harris opened the door and ran away.

Mr Hill said he was pursuing Mr Harris and tried to tackle him, but missed.

Semisi Cocker, who was driving the street sweeper, said Mr Harris ran in front of the truck with his hands raised.

“I thought he was trying to stop the truck. I tried to slam on the brakes but it was too late.”

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Police confirm probe

Monday March 24, 2008

Police have confirmed that the deputy commissioner is facing two investigations over actions during the Marlborough Sounds murder inquiry.

Deputy Police Commissioner Rob Pope faces allegations that he swore a misleading affidavit in the inquiry into the murder of Olivia Hope, 17, and Ben Smart, 21, on New Year’s Day 1998.

Police southern crimes manager Ross Pinkham is handling the investigation.

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Bullying claims may follow newly promoted senior cop
April 30, 2006

A senior police officer embroiled in longstanding workplace bullying claims has been promoted to one of the country’s top jobs.

Two years ago, three former police officers were paid thousands of dollars to drop personal grievance claims involving Steve Mastrovich, who has been acting area commander of the Ruapehu police district for 15 months.

A fortnight ago his appointment became permanent.

The officers were interviewed as part of an internal police investigation in 2002 into the Taumaranui station and allegations of sexism, bullying, misconduct and poor leadership.

A separate report written in late 2002 by psychologist Ellen Duckworth found Mr Mastrovich, former inspector Don Allen, retired Detective Sergeant Derek Webb and Sergeant Paul Francis were the main focus of their colleagues’ criticism.

At the time Mr Mastrovich was a senior sergeant.

“Operation Plateau” was critical of the way the station was run, and concluded that poor practices were allowed to occur.

The investigation also raised concerns that a picture of Rotorua murder victim Beverly Bouma was bandied about the police cafeteria.

Police bosses said despite the findings, the Taumaranui station was one of the best performing in the country.

Mr Mastrovich would not speak with the Herald on Sunday, but his boss district commander superintendent Mark Lammas said he was “a very capable officer … doing a brilliant job”.

He was not aware of any specific complaints towards Mr Mastrovich but confirmed three former officers had been paid to drop personal grievance claims.

“Three staff took personal grievances that have been resolved – each of them received a payment.”

Since then, the station had been performing well and was a happy place to work, he said.

“Ruapehu is one of the top policing areas in the country. Yes, it had some unhappy times in the late 1990s, early 2000s, but that is all behind them.”

However, that may not be entirely the end of the matter.

Some of the bullying claims are set to receive a fresh hearing as part of two Employment Court cases taken by two former police officers.

Andrew Harland and Craig Hawkins are preparing Employment Court cases in which they level criticism at their former bosses, including Mr Mastrovich.

In July 2003, Mr Harland was offered $50,000 to resign and drop his personal grievance.

He refused to accept the payment.

He was later dismissed after two psychiatric reports found him unable to continue work.

Mr Harland has challenged the contents of those reports.

Mr Hawkins would not comment about the looming court case, worried that it could affect his chances.

But the pair said they were sad their careers had been destroyed. They both said they wanted to return to the force.

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Policeman to be charged with assault

March 14, 2008

A Tauranga policeman accused of assaulting a teenager on The Strand last month will face criminal charges in court.

The alleged victim, Daniel Bull, 19, claimed an off-duty police officer grabbed him around his throat and pushed him to the ground outside the Grumpy Mole bar on The Strand on the evening of February 23.

Bay of Plenty police district commander Superintendent Gary Smith said a senior officer from Rotorua investigated the incident and recommended the officer be prosecuted.

“A recommendation has been made, and we’ll be actioning that recommendation in the next few days,” he said.

“What that means is … that person’s going to appear in court. We believe a criminal offence has been committed.”

Mr Smith said the officer would be likely to appear in Tauranga District Court next week, although no date had been set.

The investigation into the assault was concluded within a week from when the complaint was made, he said.

Mr Smith said he was unable to comment on whether or not other officers who had been in similar situations had remained in the police after being found guilty.

“There are a whole range of things to consider and they are all employment issues. Each one of them has different aspects to be considered,” he said.

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Officer stood down over alleged drunken assault

March 01, 2008

A Tauranga policeman is under investigation after allegedly grabbing a man by the throat and slamming him to the ground while off-duty outside a city bar.

The alleged victim, Daniel Bull, 19 of Pyes Pa, near Tauranga, claims he was out with two friends last Saturday when the officer grabbed him around the throat for at least 15 seconds, cutting off his airway.

Mr Bull alleged it was an unprovoked attack witnessed by five on-duty police officers who did nothing about it.

The officer concerned has been stood down.

He believed the attack was caused by misinformation passed on by a woman the officer was with.

Mr Bull believed the woman mistook him for somebody else who had spat in her face the previous night. Mr Bull said he was in Hamilton that evening and it was not him.

“This off-duty police officer just grabbed me by the throat and slammed me down on the ground,” he said.

“He had me on the ground for 15, 20 seconds … then someone grabbed him off.”

Western Bay police area commander Inspector Mike Clement confirmed an investigation into the incident was under way.

“A complaint has been received in respect of the matter … the officer concerned has been stood down while the investigation continues,” he said.

Officers were not automatically stood down when a complaint was lodged against them. It was considered on a case- by-case basis, he said.

Mr Clement refused to say what the circumstances were in this case.

When asked if the officer in question had been involved in any similar incidents before, Mr Clement replied: “No comment.”

Mr Bull said his father dropped him and two friends off in downtown Tauranga’s Devonport Rd about 10pm that night. The trio visited a few bars on The Strand before queuing to enter the Grumpy Mole at about 11.30pm.

It was while he was waiting in line that he was allegedly assaulted by the officer, who came from behind.

“It was pretty sudden, I couldn’t believe what was happening,” Mr Bull said.

Mr Bull recognised the officer from some run-ins with the law he’d had in the past, including disorderly behaviour and breaching the liquor ban, and from the group of officers that patrol The Strand on weekends.

He also recognised the woman as an officer who had spoken to his friend about traffic offences the day before.

Mr Bull said after the off-duty officer released his grip, he walked off, but then returned and took Mr Bull across the road to a spot outside Cafe on The Strand.

“He was in a bit of a state, you could tell he had been drinking,” Mr Bull said.

Mr Bull claimed the off-duty police officer begged him not to press charges, because it would “ruin” his career, Mr Bull said.

The officer, he said, tried to shake his hand, and put the matter to rest without Mr Bull going to the police station. “He couldn’t really say a straight sentence.”

Mr Bull said the female off-duty officer joined the two outside the cafe, crying and claiming she ‘didn’t want this to happen’.

Mr Bull said when the pair left he went to the police station to make a complaint. He was allegedly told by a Senior Sergeant to return when he was less angry and aggressive.

Mr Bull admitted he had been drinking at the time of the alleged assault, and returned the next day when he was sober.

He was quite upset about the events.

“It was [mainly that] the five police officers on duty watched the whole thing and didn’t do anything,” he said.

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Police officer denies careless driving

February 26, 2008

An Auckland police officer has pleaded not guilty to aggravated careless use of a motor vehicle causing injury, after his unmarked car crashed and seriously injured a schoolboy.

Aaron Holmes, 29, was driving a car which crashed into a lamp post outside an Auckland primary school in August.

The post then struck 13-year-old Farhat Buksch.

Holmes has been bailed until his trial in May.

He is still working as a specialist traffic officer, but is no longer allowed behind the wheel of police cars.

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12 February 2008

New charge for car crash police officer

Auckland police officer Aaron Holmes is facing a new charge over a crash which caused a lamp post to land on a 13-year-old boy

A new charge has been laid against an Auckland police officer who crashed his unmarked car in August, injuring a schoolboy.

Twenty nine-year-old Aaron Holmes appeared in the Auckland District Court this morning. He is now charged with aggravated careless use of a motor vehicle causing injury. A charge of careless driving has been withdrawn.

Holmes’ car crashed into a lamp post which fell and badly injured Farhat Buksh in August. The 13-year-old was walking across a pedestrian crossing outside a primary school in the Auckland suburb of Mt Albert.

The officer’s lawyer tried to prevent cameras filming today’s proceedings, arguing public recognition may cause problems for him carrying out his traffic duties. The judge rejected the argument, and allowed filming.

The case has been adjourned until the end of the month.

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Officer charged after arrested man’s neck broken
February 01, 2008

A police officer is facing criminal charges after an arrested man had his neck broken in a police van.

Palmerston North Constable Timothy Hesketh, 27, appeared in Palmerston North District Court yesterday, charged with reckless disregard causing grievous bodily harm.

Marton man Mark Edwards, 46, is recovering in Christchurch’s Burwood Spinal Unit, where he is learning to walk again.

The court was told he was arrested in November for trespassing in Palmerston North after a domestic dispute.

He was handcuffed from behind and, after an incident in a police van, suffered cuts to his eye, a split lip and two broken vertebrae.

He then spent nine hours in a police cell before being examined by a doctor and taken to hospital.

District commander Superintendent Russell Gibson said an Independent Police Conduct Authority investigation had found there were sufficient grounds to criminally prosecute Hesketh.

“The injury to Mr Edwards was very serious and the charge certainly reflects that. It carries a maximum prison sentence of seven years,” he said.

Mr Edwards told The Dominion Post that, at the time of his arrest, he was drunk and admitted he had been giving “earache” to Hesketh, who was one of five arresting officers.

He was glad the police officer was being prosecuted but did not believe his neck was broken on purpose.

Hesketh did not enter a plea yesterday and will reappear at a pre-depositions conference on March 11.

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Policeman charged with dangerous driving back on roads
24 December 2007

A police officer facing charges over a road crash which badly injured two motorcyclists will continue to patrol upper South Island roads until his court appearance late next month.

The officer involved, Tony Bridgman, of Blenheim, will appear in the Nelson District Court on January 28 on two counts of dangerous driving causing injury.

The charges, announced on Friday, follow an incident in the upper Buller Gorge on December 1.

Two Wellington motorcyclists touring the South Island crashed into the side of a police patrol car which allegedly made a U-turn on the narrow, winding road to pursue a speeding motorcyclist.

Tasman Police District Commander Superintendent Grant O’Fee said Bridgman would continue to patrol upper South Island roads until his court appearance.

“There is no reason to stand him down. I am sure he knows better than anyone else he has learned a valuable lesson.”

O’Fee said the crash had been carefully analysed by investigators before the decision to charge Bridgman was made.

The injured Wellington motorcyclists, Brent Russell and Martin Collins, are relieved the officer will face charges. Both men suffered broken pelvises and other injuries in the crash.

From his Wellington Hospital bed at the weekend, Russell said police had found neither motorcyclist was at fault.

“It’s great news and police seem to be taking an ethical approach to the investigation.”

He said discussions with police over possible compensation were at an early stage.

Russell said he walked for the first time since the accident on Saturday.

“It was really difficult and very traumatic …”

Collins had been moved to a general ward and was “a much happier man”, Russell said.

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Police dog victim seeks compo

23 December 2007

Matini Vaihu has been battling the police for five years after he was mauled in 2002. The attack left him hospitalised for four days after it tore a vein in his right arm, causing serious blood loss and ripping a fistula out of his arm.

Surgeons had implanted the fistula to allow the south Auckland beneficiary to have daily dialysis sessions at home, rather than having to visit the hospital every day for the lifesaving treatment.

Vaihu, 31, was mauled by the dog named Willis by police while relieving himself in a cluster of bushes in New Lynn, Auckland.

Police senior constable Chris Taylor had been using Willis to track a group of vandals that had smashed some local signs but the confused dog instead attacked Vaihu.

Vaihu was originally awarded $10,000 damages by the Auckland District Court but his compensation was later overruled by the High Court.

Earlier this month, Vaihu was dealt a further blow when the Court of Appeal upheld the decision not to award any compensation for the ferocious attack.

Vaihu’s lawyer Jeremy Sutton last night told Sunday News he would be requesting the Supreme Court New Zealand’s highest court hear the case.

“I say that the police dog is like a lethal weapon. It has got to be used with extreme care and if something goes wrong with the dog, the police have to be responsible for that dog and not say it was an accident,” Sutton said. “They have got to take responsibility and the dog should be properly controlled.”

Vaihu said the attack had been “terrifying”.

“I thought it was a wild dog because there was nobody there. It took 20 to 30 seconds before (the dog handler and a civilian colleague) came. They tried to pull the dog off me but it would not let go,” he said.

At the time of the attack, Vaihu was undergoing daily dialysis for severe kidney failure and was on the kidney transplant waiting list.

A few months later he was eventually given a kidney transplant.

Vaihu said he had instructed Sutton to launch the $80,000 compensation claim after becoming angry with the police’s handling of his attack.

“Every time they do something like this they say the person was `in the wrong place at the wrong time’,” Vaihu said.

“I don’t care about compensation. I just wanted an apology. I just think they should say that the police were wrong and they can’t continue to do that.”

In his summary, Appeal Court judge Mark O’Regan said the police could not be held legally responsible for the dog attack because Willis was on a leash at the time and the dog handler had followed police guidelines.

“We agree that the situation had appalling consequences for Mr Vaihu,” Justice O’Regan said.

“But we see the actions of the police dog as a reflection of the dog’s own instinct rather than anything for which senior constable Taylor can be said to have been responsible.”

After the ruling, Sutton said it was important Vaihu’s case now went to the Supreme Court to pave the way for other victims.

“I have got other clients who are suing for the same thing, innocent people who have been bitten by police dogs,” Sutton said.

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About 30 Tuhoe people in a Bay of Plenty community raided by police in October are to sue the police.

Lawyer Peter Williams, QC, said the group was taking the action after a settlement offer they made to the police drew no response.

The raid was on Ruatoki, 20km south of Whakatane, where police alleged terrorist training camps were being run.

Mr Williams said none of those involved in the lawsuit was arrested in the raids.

The group’s claims would be disclosed today in Auckland, and court papers would be filed in about a month. Compensation was “part of the package”.

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Second police car u-turn crash probed
11 December 2007

Police are investigating a second case this month of a motorcyclist being injured by a police car attempting to make a u-turn.

Yesterday morning a motorcyclist was seriously injured when a police car, responding to an emergency call, made a u-turn on State Highway 2 near Maramarua.

One witness told the New Zealand Herald the collision sent the motorbike flying into the air before it crashed on to the road.

“One of his legs was bad. It looked as though his foot was hanging off his ankle.”

Meanwhile the Police Complaints Authority is still investigating a crash where two motorcyclists were injured when a police car which did a u-turn in front of them in the Upper Buller Gorge on December 2.

One motorcyclist was airlifted to Nelson Hospital with serious injuries, while the second was taken by land to Murchison Hospital. The policeman was not injured.

Police said at the time that patrol car, which was being driven by an experienced officer, did the u-turn after seeing a third motorcyclist allegedly speeding in the opposite direction.

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Police car careers through fence
Dec 7, 2007 7:26 AM

A family in west Auckland reckon they’ve had a lucky escape after a police car rushing to an accident ran out of control and ploughed through their property.

A patrol car carrying two officers skidded on the wet road and careered through a fence on Thursday night.

The car stopped just metres from where a baby was sleeping.

The young couple in the house say they were watching TV when they heard a police car speed past and then a second car, followed by a crash. The couple’s baby was sleeping in the room closest to the road.

“If the car had come in a little bit faster, with a little more force, it could’ve gone right into that wall where our son’s sleeping,” says Alaina Cartwright, the concerned mother.

One officer suffered minor injuries.

Police say their car was responding to a serious car crash and lost control on the corner because of road conditions.

The serious crash unit has launched an investigation.
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03 December 2007

An investigation has been started to determine if a Tasman district police sergeant had any blame for a serious road crash in the Buller Gorge, which left him suffering shock and two motorcyclists badly injured.

The accident scene was secured almost immediately after the crash at 2.45pm on Saturday between Newton Flat and Lyell, about 7km down the Buller Gorge from the O’Sullivans Bridge turnoff.

The Blenheim officer involved in the crash, Tony Bridgman, suffered shock and was traumatised by the accident, and had been placed on sick leave, said Tasman police district highway patrol team leader Senior Sergeant Eric Davy.

One of the two Wellington motorcyclists, a 50-year-old, was flown by the Summit Rescue Helicopter to Nelson Hospital’s intensive care unit with serious traumatic injuries. He was later transferred to Wellington Hospital, where he was in a serious condition in intensive care this morning.

The other man, a 57-year-old, was this morning in a stable condition in Nelson Hospital’s intensive care unit.

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Mark Creedy Update:

A tale of unending corruption in the Counties-Manukau Police District may soon unfold!

Guilty officer can take grievance case
The Dominion Post | Monday, 12 November 2007

A policeman given a $190,000 payout despite being found guilty of 31 disciplinary charges – including sexual harassment and pepper-spraying a colleague – has won the right to continue a personal grievance case.

The Supreme Court has granted former sergeant Mark Creedy permission to appeal after a series of conflicting judgments in the lower courts.

Mr Creedy left the police in December 2001 with a $190,000 payment under the “perf” scheme – the police employment rehabilitation fund.

His resignation followed internal disciplinary proceedings in which he was found guilty on 31 of 39 charges.

Proven charges included asking a co-worker for sex, throwing a file at a colleague, and pepper-spraying a fellow officer.

Mr Creedy quit before disciplinary action was determined, but lodged a personal grievance against police nearly two years later, well outside the 90-day limit for such grievances.

The case moved through the courts, with the Employment Relations Authority refusing Mr Creedy leave to pursue the grievance, but the Employment Court later allowing it.

The Court of Appeal also denied leave to appeal, suggesting that Mr Creedy had not proved “exceptional circumstances” for the delay in launching the appeal, but the Supreme Court has now approved it.

Mr Creedy claimed he had not known about the 90-day requirement for the grievance because of miscommunication with his lawyer.

The Supreme Court ruling said the appeal could cover the Court of Appeal’s judgment about “exceptional circumstances”, as well as the Employment Court’s jurisdiction to review internal police misconduct charges.

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Police officer charged over crash
November 11, 2007

A policeman who crashed an unmarked car into a lamp-post which fell and left a teenage boy fighting for his life has been charged with driving offences.

Farhat Buksh, 13, suffered brain injuries and a fractured neck when he was hit by the falling lamp-post while walking across a pedestrian crossing outside an Auckland primary school.

The police car was chasing a vehicle which allegedly avoided a nearby alcohol checkpoint – the offender was never caught.

The freak accident in August put Farhat in a coma for a week and he still cannot remember anything from the day it happened.

Senior Sergeant Tony Edwards, the officer in charge of the investigation, confirmed the officer driving the car would face a charge of careless driving causing injury.

“Some documentation has been served,” said Edwards. “A member will be appearing next week in the Auckland District Court.”

The Police Complaints Authority (PCA) is also investigating the incident, and recently announced a review of police chase protocol after Farhat’s injuries and a string of other recent accidents and deaths.

However, the Police Association has warned that the review should not shift blame away from offenders and it was “nonsensical” to blame police officers for any tragedies.

There have been 6000 police chases in the past three years – that’s an average of 162 each month – and 12 people were killed in crashes and 106 injured between April 2004 and May 2007.

Farhat and his grandmother Nisha Ali were pleased that someone was facing charges because of the accident.

But she said Farhat was “lucky to be alive”. Both said they would prefer police take down car registrations and track the plate later, rather than chase at high speed.

The teenager is back at Mt Roskill Grammar School but only for a few hours each day.

Surgeons have given him the all-clear on his fractured neck and Farhat’s memory is beginning to return. If his brain scans come back clean in a few weeks, he may be able to play cricket soon.

The PCA investigation into the accident will determine if the officer had followed correct police protocol.

The pursuit had been under way for about a minute, but the constable had not contacted communications staff about the chase or whether it should be continued.

Witnesses told the Herald on Sunday that the unmarked car’s lights and sirens were not flashing.

Police initially said they believed the police vehicle had been travelling about 70km/h in a 50km/h school zone. Under police pursuit policy, police must turn on their lights and sirens as soon as the vehicle is travelling faster than the speed limit.

The separate PCA review of chase policy was ordered after a string of incidents shortly after Farhat’s accident – the first time the rules have been reviewed since 2003.

Only hours after Farhat was hit, Cameron Gubb’s face was cut when a car being chased by police drove straight through a New Plymouth intersection and rammed his car.

A week after Farhat and Gubb were injured, 17-year-old Luke Wooster was killed when his high-powered car crashed into a bridge near Hastings.

Only on his restricted licence, Wooster was fleeing from police at speeds of up to 180km/h.

Just last week, a high-speed chase on the Desert Rd ended when the driver of the car swerved to avoid road spikes and was hospitalised in critical condition.

The 2003 guidelines were tightened after three deaths in two high-profile chases. Police guidelines introduced then put safety ahead of arrests and supervisors were told they could order chases to be abandoned.

Justice Lowell Goddard, who heads the PCA, said it was concerned about the frequency of fatal and serious injury police pursuits.

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Pepper sprayed man’s six-year fight for justice
April 08, 2007

Conflicting stories over the actions of a police officer who arrested and pepper sprayed an innocent man, have emerged as the matter comes before a court.

Six years ago police broke into Michael Gregory’s home, emptied a can of pepper spray into his eyes, and arrested him for crimes he didn’t commit. The charges were later dropped.

His father Stan has spent tens of thousands of dollars on civil proceedings against the officers to fight the “miscarriage of justice”, because police refuse to lay criminal charges.

Now, documents obtained by the Herald on Sunday have revealed discrepancies in the story of the officer at the centre of the case.

Constable Thomas Gollan first said he had entered the house through a window, resulting in an altercation with Gregory and the use of the pepper spray. The police defence to the Gregorys’ civil case now says Gregory resisted arrest at the window, so Gollan sprayed him.

According to a disciplinary report filed to the Police Complaints Authority, officers investigating a burglary in Papakura followed a police dog to Gregory’s house in the early hours.

Gregory, who spoke to Gollan through his bedroom window, refused to open the front door without a search warrant or permission from his father – which he is entitled to do.

The disciplinary report said: “Constable Gollan has then entered the window, resulting in a verbal and then physical altercation between him and Michael Gregory, which then resulted in the use of OC spray.”

Gregory was arrested on suspicion of aggravated assault, aggravated burglary, burglary, resisting arrest, obstruction of justice and assaulting a police officer. Nine weeks later the charges against the then 21-year-old were withdrawn and another man was charged – but only after his father Stan hired a private detective to investigate.

The disciplinary report concluded:

* The arrest of Michael Gregory was unlawful.

* Any physical evidence obtained at the scene was inadmissible in court.

* The use of OC spray was unnecessary.

* The detention of Gregory was unlawful.

The report criticised officers for a lack of leadership, and for not investigating the burglary professionally.

But the police defence now tells a different story about the pepper spraying. Defence statements say that Gregory resisted arrest at the window, so Gollan pepper-sprayed him and then climbed through the window, wrestled Gregory to the ground and handcuffed him. Crown Law opposed the PCA report being used as evidence in the civil case, and declined to comment when contacted by the Herald on Sunday.

“As a father, it has been like having a living cancer inside watching Michael not being able to fully understand why the legal system in our country has been so determined to look after its own,” Stan said.

And despite the case dealing with abuse of police power, Gregory has been denied a trial by jury, as Associate Judge Doogue ruled that only a judge could handle the points of law being argued. But Auckland University law professor Dr Bill Hodge said a jury has an important, even constitutional, role in testing the rights of citizens against the powers of police. “In my opinion, the pleadings are not even borderline difficult.”

Lawyer Colin Henry is taking the case to the Court of Appeal citing a recent British judgment that the inquest into the death of Princess Diana be decided by a jury.

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Trial date still uncertain for officers accused of bashing
November 07, 2007

No firm date has been set for the trial of four Whakatane police officers who have denied bashing a young man in the town’s police station on Labour Day last year.

The hearing is expected to be next February or March in the Tauranga District Court, where a callover was held yesterday. Their attendance was excused.

Sergeant Keith Parsons, 52, Sergeant Erle Busby, 46, Senior Constable Bruce Laing, 54, and Constable John Mills, 38, all entered not guilty pleas earlier to charges of assault with a weapon.

Parsons, Mills and Laing each face one count of using pepper spray on a 20-year-old Edgecumbe man reportedly taken into custody on suspicion of unlawfully taking a motor vehicle.

Parsons is also accused of twice using a baton.

Busby faces four charges of assault with a baton.

The alleged prolonged incident was said to have been recorded on video surveillance.

On bail since their first appearance last December, the four accused were suspended on full pay when the criminal charges were laid.

Laing is a veteran of 27 years in the police force; Parsons, 25 years; Busby, 14; and Mills, 7 1/2 years.

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Decision near on police rape charge
November 05, 2007

Rotorua police say they are close to deciding whether to charge a former officer with rape.

If charged, the man will be the ninth former Rotorua police officer from the 1980s to face accusations of sexual offending or perverting the course of justice.

Rotorua’s acting district crime manager, Inspector Rob Jones, has said any decision on charges against the former officer will not be made until after discussions are held between senior police and the crown prosecutor.

The woman who made the rape complaint approached police last December.

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Court next stop for drag race cops
4 November 2007

Two motorway police officers allegedly caught racing each other at speeds of at least 140km/h are to appear in court.

The charges are particularly embarrassing for police as they try to crack down on boy racers in several high-profile campaigns on suburban streets.

The officers were dobbed in last week by colleagues who spotted the men on an Auckland motorway. Auckland motorways police manager Inspector Dave Walker said the officers were at least 40km/h over the speed limit and had their licences suspended immediately.

The Sunday Star-Times understands the officers could have been going significantly faster and they were not attending an emergency at the time.

It was a “pretty straightforward” charge of speeding that would be heard before the court, Walker said.

Police would not comment on any internal disciplinary action the officers may face. The officers had not been stood down from duties.

When asked whether the officers who dobbed the alleged speedsters in were being hassled by co-workers, Walker said, “there’s no problem there”. “The fact of the matter is they were detected at speed and the officers reported them.”

It is understood police will launch their latest anti-speeding campaign this month. National’s police spokesperson Chester Burrows said he was encouraged to hear the alleged speeding was reported by fellow officers. “It’s not an easy thing to take action against one of your own.

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Rickards to face 11 internal disciplinary charges
3:36PM Friday October 26, 2007

Suspended assistant police commissioner Clint Rickards will face 11 internal disciplinary charges.

Police National Headquarters said Peter Salmon QC had been appointed as Tribunal to inquire into these charges.

The substantive hearing into the charges is scheduled to take place in February 2008.

Mr Rickards, and two former police officers Bob Schollum and Brad Shipton were found not guilty in March on charges of kidnapping and indecently assaulting Louise Nicholas when she was 16, in Rotorua more than 20 years ago.

Mr Rickards has remained suspended while an internal police inquiry into his conduct continued.

Schollum and Shipton are serving jail sentences for other unrelated sex crimes.

It had been anticipated that Mr Rickards would face internal disciplinary charges for serious misconduct, effectively bringing an end to his 27-year career in the police.

Under the process of the tribunal hearing if police decide to lay charges then those charges are put to Mr Rickards and his legal team, who would then have about a week to decide whether to plead guilty or not guilty.

It is believed Mr Rickards has already indicated he will plead not guilty as a tribunal date has already been set.

Mrs Nicholas would not comment on the police charges today.

“It is probably best for me not to comment because Rickards has already said a wee while ago he was going to look at taking action against me.

“Anything I say will probably be reviewed. I am best to back off and say nothing at this stage. I don’t want to give him any ammo,” she said.

In July Mr Rickards accused the Crown of withholding evidence during his historical sex charges trial.

The Herald on Sunday reported Mr Rickards had laid a complaint with the Canterbury District Law Society alleging crown prosecutor Brent Stanaway did not present evidence that would have been favourable to his defence during the trial .

Mr Stanaway, who could face a fine, censure or be struck off if the allegations are proven, denied the charge.

Police National Headquarters spokesman Jon Neilson told NZPA it was undecided whether the tribunal would sit in Wellington or Auckland.

It would be for Mr Salmon to determine whether the tribunal would be open to media or would be heard behind closed doors, he said.

Mr Neilson said it was for Mr Rickards’ legal team to comment on when he was informed that the charges would be laid.

Mr Neilson declined to say what charges Mr Rickards faced.
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`Hefty’ dental repair bill after alleged police bashing
27 October 2007

A teenage boy who was allegedly bashed by a police officer in Tokoroa is having dental reconstruction to fix damage he claims was inflicted by a baton.

The Waikato Times reported this week the Police Complaints Authority was investigating the 13-year-old’s treatment after he was picked up by police in the early hours of Saturday, October 6.

The boy’s mother, who asked not to be named to protect her son’s identity, said the boy “was a bit naughty” and told her he was going to a friend’s house.

Instead, he went to his father’s empty house and invited friends around for a party.

The woman said the party got out of control and the police were called.

When they arrived, her drunk son was the only person still at the address, she said.

He was put in the back of a police car that later pulled over so the officers could pursue youths thought to have been at the party.

The boy was told to stay in the vehicle but he got out.

He was then restrained by one of the officers.

“I just cried when I saw that mess when the cop brought him home,” the boy’s mother said.

She said two of eight teeth damaged had been repaired but she faced a hefty bill to fix the rest.

The boy’s father laid a complaint with Tokoroa police on October 8.

Tokoroa Senior Sergeant Stephen Bullock confirmed a complaint about the boy’s treatment was received and had been forwarded to the Police Complaints Authority.
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Jail date with police rapists
29 September 2007

The former policeman who Louise Nicholas says raped her as a 13-year-old has been caught offering a woman a prison date with convicted pack rapists Brad Shipton and Bob Schollum.

The former officer – who now faces a second claim that he sexually attacked a schoolgirl about the same time Mrs Nicholas says she was raped – was identified through his old police registration number.

He was sprung on Internet auction site Trade Me’s message board after posting offensive comments following the trial of suspended Assistant Police Commissioner Clint Rickards and former officers Shipton and Schollum.

The trio were acquitted in March 2006 in relation to Mrs Nicholas’ rape allegations and again in March 2007 of violating another former Rotorua teenager with a bottle. In neither case were the jurors told that Shipton and Schollum were already behind bars for pack raping a woman in Mt Maunganui.

Mrs Nicholas says she was first sexually violated, aged 13, by a police officer when she was growing up in Murupara and Rotorua. That officer was acquitted after three trials.

But the officer in charge of the case, former Rotorua CIB boss John Dewar, was found guilty last month of attempting to defeat the course of justice by derailing the prosecution case against him and of failing to act on Mrs Nicholas’ complaints that she was baton-raped by Mr Rickards, Shipton and Schollum.

Police re-investigated Mrs Nicholas’ allegation against the Murupara officer and now say they established a prima facie case existed against him. But because he had been acquitted he could not be charged again for the same crime.

The revelations are contained in a book, Louise Nicholas – My Story, co-authored by Nicholas and The Dominion Post’s Phil Kitchin, that goes on sale on Monday.

The former Murupara officer is shielded by permanent name suppression granted after the third trial.

The book exposes how he initially lied on Trade Me by claiming he was a serving police officer from Palmerston North. When a woman posted a message on the Internet site supporting Mrs Nicholas, he wrote:

“Do you still have those hairy armpits and wear jandals with the long flowery dress. I am seeing Brad and Bob next week I jack you up an evening with them. Tell me what sort a scene you would be looking for. Sure I know you want the Policeman type uniform included.”

He also described another woman who made public sexual violation allegations against Shipton as a “slag” and an “ugly bitch” on the Internet site.

But the former officer was sprung by a woman who – like Mrs Nicholas – says she was sexually attacked by the man. She recognised him by his Trade Me logon, which included his initials, and Kitchin then discovered he was also using a variation of his old police registration number.

The man stopped posting comments when the woman, who has accused him of attempted rape, posted a message on Trade Me saying she knew who he was.

She says the man tried to rape her at a New Year’s Eve party in Galatea, near Murupara, in the 1980s when she was aged 14. The officer plied her with alcohol and as she left the party to use an outdoor toilet he indecently assaulted her and tried to undress her.

Later that night, as she walked a short distance from the party, “he stopped and grabbed me … He got my jeans down and had his hand down my knickers, I managed to pull my jeans back up, but he got them down again along with my knickers and got us on the ground.

“We then heard voices coming closer and he got off me. I got my pants on and took off.”

The woman made the allegations to Kitchin and then told police. But she decided not to make a formal complaint after seeing what happened to Mrs Nicholas and the other complainant at the so-called police rape trials.

“It appears you are damned if you do make a stand on issues like this but almost equally damned if you don’t.”

Detective Superintendent Nick Perry says in the book that detectives re-investigated Mrs Nicholas’ allegations against the former Murupara policeman and were “satisfied with the evidence we did have to hand that certainly the allegations we had with him sexually interfering with (Louise) were quite valid”.

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Police officer kills man in Christchurch
27 September 2007

Christchurch’s Stanmore Road, where a man was shot dead by police following a domestic incident.

A man was shot dead by police following a domestic incident in Christchurch last night.

Police were called to the incident at a house off Avonside Drive, Linwood, at 8.26pm.

A 37-year-old man was reported to be smashing a flat with a hammer.

The man left the house and walked to nearby Stanmore Road.

Police found the man attacking a vehicle on Stanmore Road, still armed with what appeared to be a hammer.

He was shot about 8.36pm on Stanmore Road.

Police district commander Sandra Manderson confirmed late last night that a police officer was involved in the shooting.

The man died soon after 9pm. His body was still lying, covered, on the road late last night.

The name of the dead man has not yet been released.

Police cordoned Stanmore Road from Avonside Drive to Armagh Street. Inside the cordon was another cordon holding a police dog van, ambulance, police cars and the body under a sheet.

Manderson said a homicide inquiry and a Police Complaints Authority (PCA) inquiry had begun into the incident.

“The homicide inquiry will be run parallel to the Police Complaints Authority inquiry using separate teams of staff,” she said.

The PCA staff were due in Christchurch this morning.

A neighbour, who did not want to be identified, said four shots were fired.

“We heard sounds like the dull thud of a panel being hit and then a car alarm going off.

“There were more thuds and then the four shots,” he said.

When he looked out the window there was a body in the road.

“I could see him lying in the road and then they put a sheet over him later. I heard the guy across the road saying Steve had been shot.”

The neighbour, who had experience with firearms, said the shots sounded like a light-calibre pistol.

Three ambulances attended the scene but a spokesman said nobody was taken to hospital.

Another neighbour said the police told all the residents to go inside because the area was now a crime scene.

Manderson said she had asked for the police kaumatua, the Rev Maurice Gray, to ensure the cultural process of tapu lifting would be carried out correctly when the scene examination was complete.

Last night’s victim was the 21st killed by police since 1941.

The last to die before this incident was Haidar Ebbadi Mahdi, 37, shot by a police officer at his home in Auckland in August 2004.

Mahdi was killed as he held his wife in a choke hold with a knife at her throat.

The policeman who fired the shot had already been stabbed by Mahdi.

Police were later cleared of any wrongdoing in the shooting.
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Rickards lays official complaint against Nicholas and investigating officers
September 23, 2007

Clint Rickards, seen this week with his new car, has accused Louise Nicholas of perjury. Photo / Chris Gorman
Suspended Assistant Commissioner Clint Rickards has laid an official complaint with police about Louise Nicholas and the officers who investigated her claims against him.

Police last night confirmed that a complaint from Rickards was in the hands of the Police Complaints Authority for “investigation and review”.

The revelation comes as it is confirmed Rickards is facing at least 10 internal charges under police regulations.

The Herald on Sunday has obtained a letter, purportedly written by Rickards, in which he outlines two formal complaints against Nicholas – for alleged perjury and making a false statement. The authenticity of that letter could not be confirmed last night – Rickards has not returned calls – although police said it sounded similar to the one they had passed to the Police Complaints Authority.

The letter obtained by the Herald on Sunday takes aim at the Operation Austin investigation team, accusing it of running a flawed investigation and saying police leaked sensitive information about him.

The complaint against Nicholas is similar to that lodged by former CIB boss John Dewar last week. Dewar was found guilty of four charges of attempting to obstruct or defeat the course of justice by not investigating rape complaints made by Nicholas.

He is due to be sentenced on October 5 and faces up to seven years in jail. Dewar says the false statement complaint relates to comments Nicholas made to police in February 2004, and perjury complaints relate to Nicholas’ allegations against Rickards, Bob Schollum and Brad Shipton.

Nicholas said last week she stood behind everything she had said and did not believe there was any basis to Dewar’s complaint.

Reports yesterday confirmed earlier Herald on Sunday revelations that Rickards would face up to 10 internal police misconduct charges and could be sacked if found guilty. It is believed the charges cover sexual liaisons with Nicholas, a woman’s allegation he had sex with her on the bonnet of a police car in 1983 and his public criticism of the police investigation into the allegations by Nicholas and other women.

Rickards has been suspended from duty on full pay since February 2004, when investigations into historic rape allegations began. Rickards, Schollum and Shipton were last year acquitted of 20 charges, including the rape and sexual violation of Nicholas when she was a teenager in Rotorua in the 1980s.

Rickards, Schollum and Shipton were then tried on charges of abducting and indecently assaulting a 16-year-old girl in Rotorua between November 1983 and August 1984. The woman – whose name is suppressed – claimed they handcuffed her and sexually violated her with a whisky bottle.

After not guilty verdicts were delivered, Rickards was scathing about the police team set up after Nicholas’ allegations surfaced, describing the Operation Austin investigation as “a shambles” and “one I would have been ashamed to lead”. It is understood some of the internal charges Rickards now faces relate to these comments.

Rickards’ lawyer John Haigh refused to comment yesterday. “A process is being followed, but other than that I’ve got no comment to make,” he said.

Police also refused to comment on the internal charges, saying they were a confidential employment matter.

Under the regulations police would have written to Rickards outlining the nature of the acts they believe constituted an offence.

He can seek an indication from Police Commissioner Howard Broad of his likely punishment if he pleads guilty, which could cause delays.

But if he pleads not guilty, a tribunal process similar to a district court hearing will begin behind closed doors, according to a newspaper report yesterday.

Broad will be guided by the former judge or senior lawyer heading the tribunal, but can fine or demote Rickards, cut his pay or sack him if he is found guilty.

Any accused officer can ask for a judicial review by the High Court.

A fresh call was made this week to get Rickards out of the police after it was revealed he was given a new $50,000 Holden car as part of his estimated $250,000 remuneration package.

National leader John Key said the Government should get rid of him even if it meant a payout. Prime Minister Helen Clark described Key’s comments as reckless.
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Rickards faces 10 misconduct charges
September 22, 2007

Suspended assistant police commissioner Clint Rickards faces at least 10 charges under police regulations, it was reported today.

Mr Rickards was suspended on full pay three years ago after the opening of an investigation into allegations by Rotorua woman Louise Nicholas that Rickards and former officers Brad Shipton and Bob Schollum raped her in the early 1980s.

All three were acquitted but Mr Rickards admitted he had group sex with Mrs Nicholas.

The Dominion Post reported today Mr Rickards would face 10 charges of alleged misconduct.

It is believed the charges cover sexual liaisons with Mrs Nicholas, a woman’s allegation he had sex with her on the bonnet of a police car in 1983, and his public criticism of the competence of the police investigation into the allegations by Mrs Nicholas and other women.

Mr Rickards’ lawyer John Haigh, QC, would not comment yesterday.

“A process is being followed, but other than that I’ve got no comment to make,” he said.

Police also refused to comment on what they said was a confidential employment matter.

Under the regulations police would have written to Mr Rickards outlining the nature of the acts they believe have constituted an alleged offence.

He can seek an indication from Police Commissioner Howard Broad of his likely punishment if he enters a guilty plea, which could delay the process.

But if he pleads not guilty, a tribunal process similar to a district court hearing will begin behind closed doors, The Dominion Post says.

Mr Broad will be guided by the former judge or senior lawyer who will head the tribunal, but has the power to fine, demote, cut pay or sack Mr Rickards if found guilty.

Any accused officer has the right to challenge its process by judicial review by the High Court.

A fresh call was made this week to get Mr Rickards out of the police after it was disclosed last weekend he had been given a new $50,000 car as part of his estimated $250,000 remuneration package,

National leader John Key said the government should get rid of him even if it cost.

Prime Minister Helen Clark described Mr Key’s comments as “reckless.”
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Boy-love man wins right to sue police
17 September 2007

The former president of the now defunct Australasian Man-Boy Love Association has been given the go-ahead to sue police for $250,000 damages for alleged breaches of his rights.

Gerald Moonen says police have provided information that has led to him being tagged with Interpol as a “suspected paedophile”, a claim which Mr Moonen denies.

As a result Mr Moonen says Australian authorities harassed him in 2002 when he went to Bribie Island, Queensland, to take up a friend’s offer of a free house to live in for the rest of his life.

In a decision issued in the High Court at Wellington, Associate Judge David Gendall said that in court documents Mr Moonen says he is not and never has been a paedophile, and that he has never been charged with or convicted of any sexual offence.

Judge Gendall said Mr Moonen set up the Australasian Man-Boy Love Association and was its president. It ceased to function in 1998. Its purpose was “advocating a change in societal attitudes to loving sexual relationships between adult men and boys”.

Mr Moonen said that when he went to Australia, customs officials questioned him in a way he thought indicated they had received the list wrongly describing him as a suspected paedophile.

Less than three weeks later police searched the Bribie Island house where he was living. It was the final straw and Mr Moonen left Australia two days later, being searched and questioned by customs in both countries on his return trip to New Zealand.

As a result he has sued the attorney-general, on behalf of police and customs.

The attorney-general asked for the case to be struck out on the grounds it could not possibly succeed but Judge Gendall said the only hopeless part was a claim based on an alleged breach of Mr Moonen’s right to be presumed innocent. The judge said he was not aware of any cases, outside of criminal court process, recognising a right to be presumed innocent till proven guilty.

Saying someone was a “suspected paedophile” could lead to claims alleging defamation, and breach of privacy, but not a civil claim that presumption of innocence had been breached, he said.

He struck out that part of the claim but said other grounds could proceed relating to Mr Moonen’s rights to adopt and hold opinions without interference, freedom of expression and freedom of movement.
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Dewar wants Nicholas charged
Sunday, 16 September 2007

Former CIB head John Dewar will this week lay a raft of complaints with police against Louise Nicholas – the woman whose historic sex allegations are likely to see him jailed for obstruction of justice.

Dewar, 55, was convicted last month of four counts of attempting to obstruct or defeat the course of justice over his handling of her complaints.

The prosecution alleged that when he was chief inspector of the Rotorua CIB in 1993, Dewar covered up sex allegations Nicholas made against police officers Clint Rickards, Brad Shipton and Bob Schollum.

He also deliberately gave inadmissible evidence at the trial of a former Murupara policeman accused of having unlawful sex and indecently assaulting Nicholas when she was aged 13, leading to two mistrials before an acquittal at a third trial.

He is to be sentenced on October 5 and faces a jail term of up to seven years.

Yesterday Dewar told the Sunday Star-Times he intended to file 16 pages of complaints against Nicholas with Police Commissioner Howard Broad. He will also appeal his convictions immediately after sentencing.

Dewar refused to give details of grounds for his appeal but said it would “be on the basis of a mistrial in terms of a miscarriage of justice, which is reasonably all-encompassing. One of the grounds would be that Nicholas had given false testimony at my trial”.

Dewar is alleging Nicholas committed perjury three times, made a false statement to police and attempted to pervert the course of justice.

Nicholas, who learned about the pending complaints for the first time yesterday, said: “If he wants to take this sort of action, go for it, I’ve nothing to hide.”

Dewar says the false statement complaint relates to comments Nicholas made to police in February 2004, and perjury complaints relate to Nicholas’ allegations against assistant police commissioner Rickards and convicted rapists Schollum and Shipton.

The obstruction of justice complaint relates to comments Nicholas made during investigations into Dewar by Detective Chief Inspector Rex Miller during a Police Complaints Authority inquiry.

Dewar says the documents are being finalised by his lawyer Giles Brant and will be passed on to the police commissioner early this week. He is asking for an independent investigation into the complaints.

“The allegations I am raising are around evidence given in court, on oath, and I can show contradictions which amount to lies.”

He says the complaints are “one aspect” of an appeal, “but it’s not the strongest one.”
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Woman says Shipton ‘broke my soul’
10 September 2007

A Tauranga woman who says she was abused by convicted pack rapist Brad Shipton has angrily challenged his claims that he was a good police officer who had never harmed anyone.

“You broke my soul and changed the course of mine and others’ lives for ever,” the woman, who cannot be named for legal reasons, said yesterday in response to comments Shipton made to a Sunday newspaper.

According to the paper, Shipton said he might have done things he was ashamed of, but he was not a vicious pack-rapist. “I have never harmed anyone.”

He said he has plenty of time to think in the 17 hours a day he spends in a prison cell and still has support from “some people in very, very high positions.”

“At the end of the day, I am able to live with myself.”

He also criticised Louise Nicholas – the woman whose allegations sparked an inquiry that saw him, former policeman Bob Schollum and Tauranga millionaire Peter McNamara jailed for the pack rape. Shipton said suspended assistant police commissioner Clint Rickards – who faces at least 10 police disciplinary charges of misconduct, though he was acquitted of sex charges – should get his job back and that Mrs Nicholas should take a hard look at herself.

The Tauranga woman, who first met Shipton when she was 14 and he was investigating her complaint that her grandfather raped her, yesterday wrote an open letter to the former detective challenging his claim that he was a good officer.

“Is this the policing you did in 1984 when I was 14 and sat in a police car next to you with your hand on my knee? You pressed me to recall graphic details of childhood rapes.

“I told you of the rape of myself and other children by my grandfather. You told me you were going to arrest him, but you never did.

“Years later, when he was arrested and found guilty, I wasn’t the liar any more.”

“Are my memories of you distorted by your later visit to violate me? Please use some of those 17 hours to recall these and other events.

“You say you never harmed anyone. You broke my soul and changed the course of mine and others’ lives for ever.

“Be grateful you have the love and support of your family. I pray one day you will speak out and the truth will prevail. Then, as you say, we can all live with ourselves.”

Police are understood to be considering her assault complaint.
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Men deny false affidavit
September 04, 2007

Two men yesterday denied attempting to pervert the course of justice in relation to the rape of a woman in Mt Maunganui in 1989.

Rene Gaustad Magnus and Paul Grayden Turney pleaded not guilty in the High Court at Auckland to providing a false affidavit in support of an appeal by fireman Warren Hales.

Hales and three others – former police officers Brad Shipton and Bob Schollum and businessman Peter McNamara – were convicted of raping the woman.

Hales was granted a retrial, but changed his plea to guilty of abduction. He was sentenced to 18 months’ jail.
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Tourist ‘disgusted’ at pepper-spraying
August 31, 2007

An Australian tourist says he is “disgusted” with the way he has been treated by New Zealand police after he was pepper-sprayed while handcuffed and seated in the back of a police car.

Fred Klutke, 50, who owns a post shop in northern New South Wales, says he became involved in a confrontation in an Ohakune pub on Tuesday after which he was arrested and charged with assaulting police, resisting arrest and disorderly behaviour likely to cause violence.

While Mr Klutke admits he was “reasonably drunk” at the time, he denies all charges and has made an official complaint with the Police Complaints Authority.

He has accused police of using pepper spray on him unfairly after an incident which started when a patron at the hotel accused him on two separate occasions of staring at his girlfriend.

He said an argument followed which ended in some “pushing”.

Then, he said, he was restrained by bouncers who dragged him across the ground, grazing his face in the process.

The bouncers held him down until police officers arrived and handcuffed him, he said.

“They had me in handcuffs … how could I have assaulted a police officer? I’m disgusted with the fact that he pepper-sprayed someone who was handcuffed. And then when I got back in the car he turned around from the front and pepper-sprayed me again.”

Mr Klutke said he had planned to return to Australia on Sunday but was told he would have to appear in court later in September so he was not sure if he could leave the country.

The incident had put a dampener on his annual skiing holiday, he said.

“I’ve never been in a fight. I’ve skied all over the world and I’ve never been treated like this anywhere.”

The officer in charge of Ohakune police station, Sergeant Michael Craig, confirmed a formal complaint had been made about police actions during the incident and the matter would be reviewed by the Police Complaints Authority.

Police protocol prevented officers from using pepper spray when closer than 1m to their target but there were no rules preventing officers using pepper spray on someone who was handcuffed or in a car.

“the matter would be reviewed by the Police Complaints Authority.”

Hehehe, don’t hold your breath Fred.

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Police officer committed for trial on child sex charge

September 02, 2007

A long-serving police officer accused of sexually violating a 12-year-old girl is still on full pay 10 months after first being charged.

The officer, whose name is suppressed, has been suspended since December last year and will appear in court on October 1 for a pre-trial conference. Police have also seized his work computer.

The officer’s lawyer, Philip Hall, told the Herald on Sunday his client vigorously denied the allegations.

Sources close to the case say the complaint arose after the girl confided in an adult friend.

A complaint was then laid with police and the matter was investigated. As a result, charges were laid.

The girl, the source said, had since undergone counselling and was now starting to “come out of her shell” again.

“She is such a lovely, adorable kid … real outgoing and smart. She used to be a laugh-a-minute, but then suddenly she became very withdrawn and quiet.”

There was anger, one source said, over the fact the officer, who is alleged to have violated the girl over the period of a year, had received name suppression. There was a hope he eventually would be named.

At a depositions hearing in April, the court found the officer had a case to answer on two counts of sexually violating the girl. The officer is currently on bail and the case is set to go to trial on November 26.

It is understood the officer was known to the girl’s family. He is banned by court order from the town where his alleged victim lives.

Police national headquarters confirmed the officer was suspended on December 21 last year on full pay, a month after the complaint was first lodged with police.

Spokesman Don Emulsion said regardless of the seriousness of the charges, it was standard procedure under the Police Act for an officer to remain on the payroll during the period of their standdown.

One source spoken to by the Herald on Sunday said those involved with the case were “gobsmacked and angry” to hear the senior constable was still being paid, especially as the charges were among the most serious ever faced by a serving officer.

If it had been anyone but a public servant accused of such serious offending, they would have either been sacked or suspended without pay, the source said.

Currently, around a dozen police from Auckland, Waitemata, Counties Manukau, Bay of Plenty, Tasman and Canterbury police districts are facing criminal charges.

The charges faced by the various accused include male assaults female, injuring with intent, common assault, driving with excess breath alcohol, theft, careless driving, making a false statement, assault with a weapon, wounding with intent to cause grievous bodily harm and male rapes female. Some of the charges carry maximum prison terms of 14 years or more.

These cases are likely to do little to restore confidence in a police force still reeling from the findings of the Bazley Report and the police sex trials.

The victim in this latest case is now 13, and has returned to school after initially taking some time off when the complaint was first laid. She had been writing her thoughts in a diary, starting to take an interest in sport and learning to knit. “She really lost a lot of self-confidence, but I can see she’s starting to take pride in herself again,” said the source.
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Inquiry into assault on teen in police car
30 August 2007

An investigation is under way into an assault on a 14-year-old boy in the back of a police car after he was arrested for allegedly stealing a car in Kaikoura.

The Police Complaints Authority had been notified because the boy was in police custody at the time of the alleged assault on Sunday, said Marlborough police area commander Inspector Steve Caldwell.

Four detectives and a scene examination officer were sent from Blenheim to Kaikoura to investigate after a complaint that the boy was assaulted was made on Tuesday.

As a result of that investigation, a 47-year-old Kaikoura man was arrested yesterday, Caldwell said.

The man has been charged with injuring with intent to injure the 14-year-old and is expected to appear in the Blenheim District Court on Monday.

It is believed the man was the owner of the car allegedly stolen from the Kaikoura Golf Club carpark, where other cars were broken into.

The boy has been charged with unlawfully taking a car.

It is understood that when the police officer arrested and handcuffed the boy, there was a scuffle.

Caldwell said that at the time the boy was arrested by a sole police officer, it was necessary to use a degree of force.

Kaikoura High School principal Brian Allison said a support staff member took the boy to Christchurch to have a scan as it could not be done in Kaikoura.
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Suspended cops cost $1m a year (oh and they want tasers permanently)

Police accused of crimes are costing taxpayers more than $1 million a year. New figures released to ONE News under the Official Information Act show New Zealanders are currently paying the wages of 20 police officers facing charges. Most are accused of assault or of drinking and driving. Criminologist Greg Newbold says that the police are like the Catholic Church, in that in the past a lot of child abuse within the church was ignored or swept under the carpet. “Likewise within the police, assaults and beating up of suspects went on. Everybody knew about it and everyone pretended it didn’t happen,” says Newbold. When we talk about needing an Independent Police Complaints authority and not the current system of cops investigating cops, the debate needs urgent attention now as Police want to have Tasers as a permanent part of their arsenal, after their so called ‘year trial’ a trial during which the cops were caught out lying about Taser cock ups by their police officers, and during a year when pepper spray and police dogs were all found to have been used improperly. I don’t care if cops want laser guns – BUT GIVE US A PLACE TO COMPLAIN THAT IS INDEPENDENT AND TRANSPERANT- it’s bad when the cops go over the line, asking for the basic checks and balances over our Police force that any democracy needs seems an impossible task in the rednecked pro police at any cost media environment we live in.
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Former police telephonist charged over snooping
23 August 2007

A former Rotorua police telephonist has been charged with using the police computer system to snoop on people.

Maxine Valerie Griffiths, 43, entered no plea to a charge of wilfully attempting to obstruct the course of justice by providing information from computer, the Rotorua Daily Post reported.

She has been bailed for a pre-depositions hearing on October 3.

She allegedly misused the database, called Nia, or National Intelligence Application, between October 17 and December 3 last year.

Staff are only allowed to use the massive Nia system, which replaced the Wanganui computer, for work use only – not for checking up on people out of curiosity.

Figures released under the Official Information Act this month showed five police staff had been fired and 20 formally disciplined for misusing the system to snoop on law-abiding citizens.
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Rickards to face tribunal criticised as outdated
August 18, 2007

Suspended assistant police commissioner Clint Rickards is likely to face an internal disciplinary process criticised by Dame Margaret Bazley as placing the “balance of protection” in favour of the defendant.

Dame Margaret’s criticisms arose from her Commission of Inquiry into Police Misconduct sparked by Louise Nicholas’ allegations of sexual crimes and a cover-up.

One of those she accused was Mr Rickards, who is likely to face disciplinary charges for serious misconduct arising from his admission of having group sex with Mrs Nicholas.

His case will be heard by the police tribunal that Dame Margaret has condemned.

The system is “cumbersome and anachronistic” and has no place “in a modern human resources strategy”, Dame Margaret said in her report released in April.

A new system, to be based on a code of conduct, is unlikely to be operating before next year.

Mr Rickards, a police officer for 27 years, is likely to be charged over his public criticism of the competence of Operation Austin (the investigation of allegations by Mrs Nicholas and others), a woman’s allegation that he had sex with her on the bonnet of a police car in 1983, and his sexual liaisons with Mrs Nicholas.

A retired judge usually acts as the tribunal, which is run like a district court hearing with a formal charge and plea, a prosecutor and defence lawyer, cross-examination and re-examination of witnesses, and the requirement that the prosecution meet the same standard of proof of “beyond reasonable doubt”.

Dame Margaret said this standard was too high and placed the “balance of protection” in favour of the defendant, thus acting as a disincentive to complainants.

Police have indicated the new system is likely to have a lower burden of proof, such as “on the balance of probabilities”.

Lawyers describe the present system as complex and outdated.

“To me it’s like a 1940s car that’s had a new engine and new steering system put in but you’ve still got the same chassis, and I blame the Government for that,” said Auckland University associate law professor Bill Hodge, who is among those the police have consulted over the new system.

Mr Rickards has been suspended on full pay of $150,000 to $159,000 since 2004, when an investigation began into allegations made by Mrs Nicholas.

He was charged in March 2005 with sexual offences in the 1980s against her and another woman, but was acquitted.

An employment specialist, who did not want to be named, told the Weekend Herald it would be difficult for the police to retain Mr Rickards.

But a sticking point might be that he was promoted several times despite police commanders being aware of allegations of misconduct.

It is not clear if the public will be informed of the hearing’s outcome. Existing regulations exclude reporters from the tribunal hearings – unless it gives permission – and require that its findings not be disclosed.

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Warning-shot farm ‘burgled before’
August 16, 2007

A rural property where a farmer fired warning shots to round up would-be burglars may have been targeted before.

Two men will appear in Hamilton District Court on Tuesday to face burglary charges after they were caught allegedly stealing petrol from a farm near Morrinsville.

The farm owner, armed with a shotgun, had confronted the pair.

He prevented them leaving by parking his vehicle across his driveway.

He then fired two warning shots to stop the men from fleeing.

He told the pair to get out of their car and lie down, which they did.

A police spokesman refused to identify the farmer.

Detective Senior Sergeant Greg Nicholls, of the Waikato CIB, said the farmer had been backed up by another person.

No decision had been made on whether the farmer would face charges over the way he had handled the situation early on Monday.

One neighbour said there had been many difficulties with criminal activity in the past.

He blamed it on a problem with the drug pure methamphetamine, or P, in a settlement close to Morrinsville.

The neighbour said he was aware that the farmer had recently had a CD unit taken from his car when it had been parked outside the farmhouse.

Another neighbour said the farm and other properties in the area had been frequently targeted by people stealing fuel.

Some people in the district no longer stored petrol in their sheds for that reason, the second neighbour said.

Federated Farmers president Charlie Pederson would not comment on whether he thought the farmer should be charged.

“It’s a police matter.

“I don’t support the farmer’s decision and I don’t not support his decision.”

However, he said, he understood why the farmer had reacted in such a way.

“If you’re in an urban setting a police car can be there in a few minutes. If you’re in a rural setting police can take 20 minutes to an hour and a lot can happen in that time. We’re pretty much on our own.”

He said farmers’ first call in an emergency should be to their neighbour.

“They are the closest to you and can offer support or help and they can ring the police for you.”

He said he had no doubt the farmer’s neighbours in Morrinsville would be rallying around him and his wife in support.

“People will be happy [if] the criminals have been caught … that’s two less criminals out on the streets.

“It’s important for them to be dealt with by the justice system.”

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Police investigate YouTube speed ‘blind eye’
14 August 2007

Police are investigating claims that an officer turned a blind eye to an English tourist clocked at 161kmh on the Desert Road after footage was posted on internet site YouTube.

The video, which was swiftly yanked off the site after inquiries by The Dominion Post yesterday, shows two men driving on the Desert Road in the central North Island in a late-model Holden and yelling in delight as they reach 161kmh.

But their joy is shortlived as they meet a police car, which signals them to stop with flashing lights and a siren.

“Uh-oh, we’re in trouble,” says one occupant.

The footage suggests the pair hid the camera, but kept the tape running as they talked to the officer.

He told them they were clocked at 161kmh “but you went down in a hurry to 134″.

The English tourist said he was speeding because he had just overtaken a car.

The policeman told the driver the fine for being 30kmh over the speed limit was $300, but “that’s a bit of a dent in the wallet isn’t it?”

He let him off with a warning, telling the men to enjoy their stay.

Central district commander Inspector Mark Lammas said he had not been aware of the tape and had not seen it.

He did not know if other police officers had known about it.

“As a result of the matter, I have directed the acting road policing manager for central police district to undertake an investigation.”

Mr Lammas said he expected to have preliminary results later this week.

“The availability of the policeman shown in the photographs will be a factor in the completion date.”

If a motorist was caught at 161kmh an officer was required by law to immediately suspend the driver’s licence for 28 days, Mr Lammas said.

“This is not discretionary – a constable must suspend the driver’s licence as the law requires this.”

The video attracted the wrath of YouTube users, with one asking people to slow down on New Zealand roads.

“Too many times I’ve seen people killed on this road.”
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Whistle-blowing cop gets ‘leave’
5 August 2007

A senior police officer placed on “special leave” after writing a report damning police recruitment standards, is fighting to return to the force.

Senior sergeant Iain Saunders’ future with the force is uncertain after the report revealed some new recruits were sub-standard and public safety could be at risk.

His report said staff were being placed in a “very vulnerable position and some of the public are probably being placed at risk or offered very poor service”.

Its message directly contradicts a report by police headquarters human resources manager Wayne Annan, claiming new recruits were brighter than serving police officers.

Annan’s report – which was used by Prime Minister Helen Clark to defend police and claim that the new recruiting regime was tougher – has since been claimed to have omitted the test results of recruits who had done poorly.

Police Minister Annette King has now ordered a third report into police recruitment by Dave George, an organisational psychologist, to clear up the confusion. It’s expected to be finished by September.

The conflicting messages have prompted allegations that police are trying to whitewash embarrassing details of rookie recruitment.

With police trying to satisfy a requirement to recruit 1000 more officers – part of Labour’s coalition deal with NZ First -the political pressure is intense, and Saunders appears to have been caught in the crossfire.

The senior police recruiter and psychologist has been on leave for two weeks, after allegedly receiving a threatening phone call from Annan in mid-July, when details of both reports were made public. That threat allegation is now also the subject of an inquiry, headed by Wellington barrister Peter Churchman.

Saunders is being backed by colleagues who believe he has been made a scapegoat for his blunt assessment of the problems.

One senior officer told the Sunday Star-Times: “What (Saunders) was saying is what everybody knows. About 80% of the recruits coming out are fine … but there’s about 20% that are rubbish.”

Former police college training manager Craig Cameron says Saunders is one of the “best qualified and able practitioners” in the force. His report should have been used as a tool to improve police recruitment, says Cameron.

“Why would you ostracise and isolate one of your own staff, when you should be trying to utilise the information?”

Saunders’ report was brutally blunt about police standards, saying staff had become “vulnerable”, the public “are probably being placed at risk” and police were “at risk of claims of negligent hiring”.

In the magazine article, Annan’s view of new recruits was that the results “were very comforting”.

A spokesman for police headquarters says Annan “has acknowledged that a complaint has been made against him and that complaint is being investigated. Mr Annan, therefore, will not be making any comment at this time about these issues”.

Saunders, photographed by the Star-Times before giving evidence to Churchman last Thursday, refused to comment on the issue.

However, his lawyer John Burley said Saunders’ report was prompted by concerns others had raised, and he “really wanted to have the clock turned back to when he put together his report”.

When asked why Saunders was on leave and not Annan, Burley said: “Therein lies the question, if we had an answer to that we wouldn’t be here.”

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NZ Police CommCens Alert 19:00 3-08-2007 Auckland City

Location of incident: Owairaka, Auckland

Incident Type: Serious Injury Traffic Crash

Media Release

Police have launched an investigation following an accident late this afternoon which has left a 13-year-old Mt Albert boy in a critical condition in Auckland’s Starship Hospital.
The incident occurred at around 4.45pm on Richardson Road when a traffic unit attempted to pursue a vehicle at a routine checkpoint.
Inspector Rob Abbott says the police unit began to pursue the vehicle after it avoided the checkpoint.
The young boy was walking across a pedestrian crossing on Richardson Road, as the police vehicle drove over a rise. Early reports suggest the police vehicle has taken evasive action to avoid driving through the pedestrian crossing but has clipped a stationary civilian vehicle that was waiting at the crossing. The police vehicle has spun out of control hitting a light pole causing it to fall onto the boy as he reached the other side of the street.
The young boy has suffered head injuries.
‘I would like to extend our thoughts to the young boy’s family, our hearts go out to them at this time.’
‘All staff involved are deeply distressed and shocked at this horrific course of events.’
Officers who were involved are upset and will be interviewed in due course as well as other witnesses to the incident. The Police Complaints authority has been notified and further detail will be available once a full investigation has been completed.
Issued By: Inspector William Taylor

You have received this email because you signed up for CommCens Alerts on the NZ Police website.
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Boy badly hurt as police car hits pole
5:00AM Saturday August 04, 2007
By James Ihaka

Two cars were also damaged when the police car careered into the crossing in Owairaka yesterday.

Photo / Richard Robinson

A teenager was fighting for his life last night and undergoing emergency surgery after a police car crashed into a pedestrian crossing pole, which struck him on the head.

Witnesses said the 14-year-old, who is understood to be a Mt Roskill Grammar student, was walking across the crossing on Richardson Rd in Owairaka when an unmarked police car “came screaming around the corner with its lights flashing” from Owairaka Ave.

“He could see them coming hell for leather so he tried to get off the road,” said Carol Eruera, who saw the accident. “The cop must have seen the kid on the crossing and tried to avoid him, but slammed into the pole, which came down on the poor boy’s head.”

Ms Eruera said she ran to a nearby dairy to call for an ambulance before going back to the teenager, who was lying face down, unconscious.

“He was bleeding from the head … He came to after about three minutes and reached for his cellphone. I think he was trying to call his family before someone took the phone off him and tried to do it for him.

I just held his hand and said, ‘You are going to be all right’.”

Ms Eruera said the police officer was travelling too fast. “It might have been something happening elsewhere but he definitely wasn’t chasing a car.” Police dispute this.

Another witness, 14-year-old Tui Tuki, said she also saw the teenager trying to avoid the car.

“He was just lying there and his eyes were closed. I freaked out because I thought he had died.”

Tui ran to Owairaka Primary School, where her mother is a teacher, and alerted staff, who came out to control traffic until help arrived.

Teacher Jill Smythe said she knew the teenager from his time as a student at the school. She described him as a “really good and nice kid”.

Staff covered him with blankets until the ambulance arrived.

Two other cars were also damaged in the accident but neither of the drivers was understood to be injured.

Unitec student Xi Li was driving along Richardson Rd to her aunt’s house in Mt Albert when she stopped at the pedestrian crossing.

The 20-year-old was unclear what had happened.

“I just saw a car in my rear-vision mirror … It hit me and I felt my car spin around.

“I’m still in a little bit of shock. I couldn’t stop shaking at the time.”

Police are investigating the accident and the Police Complaints Authority has been notified.

Inspector Rob Abbott said a police unit began to pursue a car after it avoided a routine checkpoint.

He said the police car tried to take evasive action to avoid driving through the pedestrian crossing but clipped a stationary vehicle that was waiting there.

The car then spun out of control, hitting the light pole.

“I would like to extend our thoughts to the young boy’s family. Our hearts go out to them at this time.

“All staff involved are deeply distressed and shocked at this horrific course of events.”

Mr Abbott said the officers involved would be interviewed as well as other witnesses to the incident.
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Woman names Dewar as group-sex participant
August 03, 2007
By Simon O’Rourke

A woman claims that John Dewar (L) and Brad Shipton have had more than a professional relationship.
A woman yesterday told a court she had group sex with former Rotorua policemen John Dewar and Brad Shipton, contradicting claims by Dewar that he never had more than a working relationship with Shipton.

Dewar is facing charges of covering up or failing to act on rape complaints made by another woman, Louise Nicholas, in the early 1990s.

Dewar was head of Rotorua’s CIB at the time, and he claims he did not have a personal relationship with Shipton and fellow officers Bob Schollum and Clint Rickards, who were accused of the attacks.

He has previously said to the media that he fully investigated the claims.

Dewar is also accused in the High Court at Hamilton of manipulating Mrs Nicholas during a police investigation into evidence he gave at rape hearings dubbed the “Murupara trials”, and faces two further charges of giving inadmissible hearsay evidence at two of those trials.

Yesterday, a woman, whose name is suppressed, spoke of how she was “angry and shocked” to see Dewar claim in a 2004 television interview that he knew Shipton and Rickards only in a professional capacity.

The interview was conducted after news broke of the Louise Nicholas allegations against the men, including Dewar.

Dewar had said on television that assumptions of any personal relationship with Schollum, Rickards and Shipton were “absurd and ridiculous” and challenged anyone who could counter his claim to come forward.

The woman witness yesterday said she subsequently made herself known to a reporter.

She told the court she knew Dewar’s contention was wrong because she had seen Shipton and Dewar in a “close personal relationship”, and she knew Shipton and Rickards were also close.

The woman said group sex took place between her and Shipton and Rickards on about six occasions.

“There was one occasion where I had sex with Mr John Dewar and Mr Shipton.”

The Crown prosecutor, Brent Stanaway, QC, asked: “How did that come about?”

The witness: “They arrived at my house late at night. I was introduced to him [Dewar] as his [Shipton's] boss and friend John Dewar.”

Sexual intercourse took place with both men at the same time.

The woman said this occurred about the time that Dewar was transferred from Auckland to the CIB in Rotorua, in late 1987 or early 1988.

About two weeks after the first sexual encounter, Dewar returned to the woman’s house alone and had sex with her again.

Earlier, another woman, Tiri Marescau-Allison, told the court she was a typist at the Rotorua police station from 1992 to 1996.

She said Dewar and Shipton were part of a core group of four officers who were closer friends with one another than with other officers.

It was also revealed in court yesterday that Dewar tried to mislead a Herald reporter in 2004.

Ainsley Thomson, now based in Britain, appeared as a witness and said she interviewed Dewar immediately after Mrs Nicholas made her rape allegations against Shipton, Rickards and Schollum.

Dewar told Ms Thomson he had investigated Ms Nicholas’s claims but there was not enough evidence to bring the three men to trial.

He gave her a bundle of letters that included reference to a separate rape investigation he headed in 1993, the “Murupara trials”.

In these, he had substituted blanked-out names of other police officers (named in the letters) with those of Schollum, Rickards and Shipton.

Who’s who:

* John Dewar was Rotorua’s CIB head in the 1990s.

* During that time, Louise Nicholas claimed policemen Brad Shipton, Bob Schollum and Clint Rickards had raped her, in 1986.

* The prosecution alleges Dewar did not investigate the complaint.

* Dewar claims he did, and says he had only a professional relationship with the other officers.

* But yesterday two women said Shipton and Dewar were close. One said she had group sex with both men.
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Erle Busby, Bruce Laing.Keith Parsons, John Mills
Police ‘attacked defenceless detainee’
26 July 2007

An alleged sustained attack on a defenceless detained man by several Whakatane police officers using pepper spray and batons left him cut, bruised and struggling for breath.

Not guilty pleas to several charges of assault with a weapon were entered in Tauranga District Court today by Sergeant Keith Parsons, Sergeant Erle Busby, Senior Constable Bruce Laing and Constable John Mills.

Parsons, 52, Mills, 38, and Laing, 54, each face one count of using pepper spray. Parsons is also accused of twice using a baton and Busby, 46, faces four charges of assault with a baton.

The case is expected to go to trial next year.

The maximum penalty on each count is five years in jail.

According to the summary of facts, which Judge Peter Rollo allowed media access to, Laing was working from the Edgecumbe Police Station on October 23, Labour Day last year.

At about 12.25pm, he went to the Edgecumbe address of a 20-year-old who had never been arrested before and had had only limited dealings with police.

Laing took him into custody and drove to the Whakatane station.

Parsons performed a cursory search before placing the young man in the holding cell, which was made of clear reinforced Perspex.

The see-through cell had a sliding door, large vents at the top and a small opening in one wall at ground level.

While being processed, the arrested man became agitated, believing his rights had been infringed.

He resisted passively when asked for fingerprints and photographs, and refused to sign documents.

About 2.30pm, Parsons and Laing came to move the prisoner to another cell.

He refused to leave “out of fear and a lack of understanding of what was about to happen”.

Parsons then allegedly produced a canister of Oleoresin Capsicum (OC) spray and sprayed the man, aiming for his face causing him to retreat into the cell, raising his hands to protect his face.

Under police general instructions, OC spray must not be used against people offering passive resistance to police.

At the time, the summary claims, the prisoner did not pose any reasonable threat to the safety of police staff, nor was he violent.

Busby then allegedly stepped into the holding cell and struck the prisoner on the forearm with his baton, while Parsons continued to aim the spray can into his face.

The summary describes the prisoner pacing around the cell as the pair allegedly repeatedly hit him with their batons.

One crack by Parsons caused a deep cut to the top of the head which bled profusely, the prosecution says.

Attracted by the commotion, several other police officers arrived but were soon driven away by the increasing levels of pepper spray.

The prisoner, by now, was disoriented and “very upset”.

He retreated to the back of the cell but was hit again on the arm before he was locked in.

The summary said that Parsons then opened the door to the carpark to dissipate the spray.

He returned with a riot shield and attempted to communicate with the prisoner.

Other staff joined him, one also equipped with a shield and another with a side handle baton.

In all, there were eight police officers outside the holding cell.

About 2.39pm, the summary continued, Parsons and a colleague readied themselves with their riot shields to enter and overpower the prisoner.

A constable opened the door, allowing another constable to spray pepper at the prisoner. Mills then allegedly sprayed some into the prisoner’s face at close range.

This brought a violent reaction from the 20-year-old, who punched and struck at the shields, causing the officers to retreat and shut the door.

After that, Mills, Laing and Parsons all sprayed pepper into the cell through both the top and bottom vents, the summary said.

The prisoner was labouring to breathe and was on his hands and knees attempting to get less contaminated air through a small opening.

When he stood up, his efforts to block the apertures against the repeated spraying – at times with items of his clothing – were thwarted.

Mills allegedly went to a safe and got a box containing 72 canisters of spray, most of which had been partially used previously. He also equipped himself a mask and gloves before returning to spray through the vents.

At one stage, he used two canisters simultaneously, one in each hand.

The summary said Busby came back with his baton and struck a number of blows to the prisoner’s foot through an opening adding: “The floor of the cell by this stage was a liquid mess of blood and OC spray.”

Around two hours after the concerted attack had started, the arrival of a senior officer brought an end to it. The prisoner was in such a state that a family member and medical staff spent several hours trying to calm him.

He needed stitches to a cut on his head, had a 6.5cm laceration to one hand, and suffered extensive bruising.

He continued to have dizzy spells and headaches for several weeks. A psychologist diagnosed post traumatic stress disorder as a result of the incident.

According to the prosecution, at the direction of Parsons, “Laing inappropriately charged the victim with two charges of aggravated assault”.

In explanation, all four defendants claimed that the prisoner “needed to be made compliant with police requests so he could be searched and moved to the main cell area”

They also said he posed a danger to police staff and they had wanted to assist him medically.

The four men, who are all suspended, have been further remanded on bail. Their attendance will be excused at another call-over in mid-October.

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Court sees videotaped confrontation

Videotaped confrontation between Louise Nicholas and John Dewar in which Dewar admits knowing of non-consensual sex
25 July 2007

The jury in the trial of a former Rotorua detective John Dewar has been played a videotaped confrontation between Louise Nicholas and the accused.

In the High Court trial in Hamilton, Dewar is facing four charges of perverting the course of justice by suppressing or failing to act on the allegations made by Mrs Nicholas.

At a meeting covertly filmed by an investigative reporter the jury heard Dewar admit he knew non-consensual sexual activity had taken place, especially a specific incident involving a baton. He also admitted to being close friends with Brad Shipton, Clint Rickards and Bob Schollum. In the tape, he repeats over and over again that the past is the past and tells Ms Nicholas she needs to move on.

Defence counsel has also concentrated on inconsistencies in Ms Nicholas’ evidence. Paul Mabey QC asked Ms Nicholas to explain numerous statements she had made over the years and to clarify the timing of certain events. He focussed on Mrs Nicholas’ allegation that Dewar refused to take her statement against Rickards, Shipton and Schollum until another trial was out of the way.

Mrs Nicholas says she did not raise the issue at the conclusion of that trial because she was sure Dewar would still refuse to take her statement.

Mrs Nicholas claims she was sexually assaulted by one police officer in the early 1980s in Murupara and then again a few years later at Rotorua by Rickards, Shipton and Schollum.

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Crown says ex-cop’s friendship led to cover up
July 24, 2007
By David Eames

John Dewar in court today. Photo / Kenny Rodger

Former Rotorua police chief John Dewar’s close personal friendship with convicted rapist Brad Shipton was the powerful motive which led to a cover-up of sexual allegations made by Louise Nicholas against several policeman, crown prosecutors say.

John Buchanan Dewar, 55, of Hamilton, is on trial at the High Court in Hamilton on four charges of attempting to obstruct or defeat the course of justice between 1993 and 1995.

Dewar was chief inspector of the Rotorua CIB when Mrs Nicholas went to police in 1993, with allegations against suspended assistant police commissioner Clint Rickards and former policemen Shipton and Bob Schollum.

The Crown alleges Dewar suppressed allegations by Mrs Nicholas, against Schollum, Shipton and Mr Rickards and that Dewar attempted to prevent the course of justice during the rape trial of a former policeman, who has permanent name suppression, by giving inadmissable evidence.

Crown prosecutor Mark Zarifeh told the court, in opening remarks, that Mrs Nicholas, then Louise Crawford, had approached police in 1993 with allegations of two separate historic sexual assaults.

The first alleged the former policeman, who was not in the police at the time the complaint was made, had sexually assaulted her, then aged 13.

Mrs Nicholas also alleged Mr Rickards, Schollum and Shipton had sexually assaulted her and used a baton on her.

Mr Zarifeh told the court “from the outset” Dewar had told her he would pursue the complaint but that he never took any written statement and actively sought to suppress, prevent and discourage any formal prosecution of Mr Rickards, Shipton and Schollum.

The first allegation turned the former policeman into a “sacrificial lamb” as Dewar prosecuted the man promptly to “satisfy Mrs Nicholas and to keep her from pursuing the other allegations”, Mr Zarifeh said.

Two mistrials followed, of the former policeman, due to Dewar giving inadmissable hearsay evidence, he said.

A third trial of the former policeman led to an acquittal.

After the trial an investigation into police conduct was started and then expanded to look at the Rickards, Shipton and Schollum allegations.

“John Dewar sought to undermine and thwart that inquiry.”

Ten years later, in 2004, the allegations surfaced again as an investigative journalist contacted Mrs Nicholas.

As a result of the media coverage Operation Austin was established by police, which led to the eventual prosecutions of Mr Rickards, Shipton and Schollum, 12 years after Mrs Nicholas first went to police.

Mr Zarifeh said this trial was not concerned with the proof of those allegations but rather that Dewar deliberately attempted to actively suppress and not act on the information provided by Mrs Nicholas.

“If that had not occurred then the trial of Rickards, Shipton and Schollum would have taken place many years earlier.”

Dewar had a “powerful motive” to obstruct any investigation, he said.

While Dewar maintained he only had a professional relationship with Shipton, he had in fact had a very close friendship, which had led to a group sex session with the two men and one other woman, he said.

A Bay of Plenty woman, who has name suppression, approached police in 2004 after seeing a media interview where Dewar said he had no personal relationship with Shipton.

The woman, who had taken part in a group sex session with the three men, was “shocked and annoyed” as she believed the media item to be “lies”.

“The Crown says it provides a powerful motive to cover up the allegations with Rickards, Shipton and Schollum.”

The Crown was expected to finish opening remarks after lunch, with defence then giving opening remarks before Mrs Nicholas is expected to take the stand.

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Rickards targets Crown
July 22, 2007
By Stephen Cook

Suspended police Assistant Commissioner Clint Rickards is taking his fight to the Crown, claiming crucial evidence was deliberately withheld during his trial this year on historic sex charges. (The cops NEVER do that sort of thing to Joe Bloggs defendant.) LMFAO

Rickards – who has been stood down on full pay for the past three years – has lodged a complaint with the Canterbury District Law Society, alleging Crown prosecutor Brent Stanaway did not present evidence that would have been favourable to his defence during the trial this year into historic sex claims.

Stanaway rejected the allegations, telling the Herald on Sunday: “I responded to the complaint emphatically denying the matters complained of. A decision of the complaints committee is awaited.”

Rickards’ lawyer John Haigh refused to comment, but it is understood the basis of the complaint is that the Crown allegedly failed to disclose evidence that could have helped Rickards prove his innocence. If the allegations are proven, Stanaway could face a fine, censure or being struck off.

The complaint is likely to widen the rift between Rickards and his employers and potentially damage his chances of returning to his job as Auckland’s top cop.

Though police are saying no decision has been reached on Rickards facing internal disciplinary charges, it is understood he has been formally advised he will now be required to answer 10 charges – four more than originally thought.

It is understood some of the charges relate to his admission in court that he had sex with Louise Nicholas, and others to comments he made outside the High Court at Auckland in May when he called the police investigation “a shambles” and gave his support to convicted rapists Brad Shipton and Bob Schollum.

The Herald on Sunday has been told Rickards will defend the charges, which are are the clearest indication yet that Police Commissioner Howard Broad does not want him back in the police. If Rickards is found guilty, the penalties can include demotion, fine or dismissal. If his defence succeeds, police will have a difficult job not reinstating him.

Since being acquitted in May on charges of kidnapping and the indecent assault of a 16-year-old in Rotorua between November 1983 and August 1984, Rickards has made it clear his intention is to return to the police. But some in police circles believe the curtain could be about to fall on his 27-year career. Although Rickards has been acquitted in two historic sex trials, many believe he could no longer command the respect of his fellow officers.

The handling of the Louise Nicholas rape allegations is set for another airing on Tuesday when former Rotorua CIB head John Dewar appears on charges of attempting to obstruct or defeat the course of justice.

Dewar, who has denied the charges, investigated the allegations by Nicholas that she was raped by Rickards, Shipton and Schollum between September 1985 and December 1986.

The trial is expected to last three weeks.

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Rickards set to face six charges
July 08, 2007
By Stephen Cook

Suspended Assistant Commissioner Clint Rickards is expected to face a total of six internal disciplinary charges for serious misconduct, which could effectively bring to an end his 27-year career in the police.

Despite being acquitted on 10 charges, including kidnapping, rape and indecent assault, over the course of two trials, police have refused to reinstate Rickards as Auckland’s top cop.

Now the Herald on Sunday can reveal Rickards is likely to face six internal disciplinary charges, which if upheld will dash any hope he had of returning to the police.

Two charges relate to Rickards’ admission in court he had sex with Louise Nicholas while two relate to comments he made outside the High Court at Auckland where he described the police investigation as “a shambles” – and gave his support to convicted rapists Brad Shipton and Bob Schollum.

The remaining two charges relate to Rickards’ admission he had what he said was consensual sex with another woman.

Rickards’ lawyer Paul Wicks declined to comment, but it is understood he will be mounting a defence on Rickards’ behalf. Rickards has been suspended for the past three years on full pay, believed to be in the region of $150,000 a year.

Police spokeswoman Jane Archibald confirmed the internal disciplinary inquiry had almost been completed and at the end of that inquiry charges may – or may not – be laid.

If charges are laid they will be determined by a formal internal disciplinary tribunal, which consists usually of only one person – in most cases a retired judge or lawyer. The process is similar to a district court hearing, in which the accused is asked to make a plea and then make submissions.

If Rickards chooses to defend the charges, the matter will proceed to a hearing involving a prosecutor and witnesses will be called and cross-examined.

If he is found guilty, the results will be submitted to Police Commissioner Howard Broad who will decide a penalty, which could include a demotion, a fine or dismissal. A person may plead guilty and elect for the matter to be considered without a tribunal hearing.

Police have already asked several media organisations to provide them with the footage and interviews from Rickards’ comments outside court after the last trial, in which he was acquitted.

Rickards was suspended on full pay in 2004 when allegations surfaced of his involvement with Shipton and Schollum in unlawful sex with Nicholas.

All three were acquitted, but during his evidence, Rickards admitted that he and Shipton had consensual group sex with her when the two men were police officers based in Rotorua in the 1980s. Shipton and Schollum are serving jail terms for the rape of a Mt Maunganui woman in 1989.

Last March, Rickards, Shipton and Schollum were found not guilty of kidnapping and indecently assaulting a 16-year-old girl in Rotorua between 1983 and 1984. Immediately after that acquittal, Rickards said he wanted his old job back.

“I’m looking forward to starting back at work at the Auckland Central Police Station where I am the district commander and have been for three years,” he said outside the High Court at Auckland.

At the time, Rickards also said the police investigation was one that he would have been ashamed to lead. “It was a shambles,” he said.

There have been other cases of police officers who have faced criminal charges and have later been reinstated into the force.

In 2004, Superintendent Kelvin Powell was accused of raping a female constable at a birthday party 21 years earlier. He was acquitted and returned to his role as Waikato’s district commander.

Former Wanganui police boss Alec Waugh also faced fraud charges over a small amount of money and spent six years trying to clear his name. After those convictions were quashed, he was given a desk job in Wellington on return and retired last year.

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Police officer molested niece while in uniform, trial told

3 July 2007

A former Waikato policeman molested his 14-year-old niece while in uniform, told her she was a “good girl”, kissed her on the forehead and then went to work.

Those claims against a 52-year-old man, who still lives in the region but is no longer in the police, were made on the first day of a trial in the High Court at Hamilton yesterday.

The man, who can’t be named because it would identify the victim, is facing three counts of rape, eight of indecent assault, and two of unlawful sexual connection. All the charges relate to his niece, and almost all allegedly occurred in Hamilton when the girl was aged between 12 and 16, from 1981 to 1984.

The complainant at the High Court at Hamilton yesterday told the court she used to run away to her uncle and aunt’s home to escape beatings from her father, but things changed when her uncle visited her home one night when she was 14. Calling the girl into a room, the man allegedly unzipped his pants and molested her, before masturbating in front of her.

“He told me I was a good girl and then he kissed me on the forehead,” the complainant said.

She said the man was in his police uniform, and went to work after the incident.

Crown prosecutor Tini Clark said the accused forced the girl to perform oral sex on him while she was babysitting his children. Other incidents occurred at a shop and also in the man’s vehicle, sometimes while his own children were in the back seat. “Any opportunity would do, and it seems as though over a concentrated period of time . . . there were often times which the complainant would find herself alone with the accused,” she said.

The man’s lawyer, Bruce Hesketh, said his defence was that the alleged incidents never happened.

“It is a complete denial of the offending alleged, and the surrounding circumstances,” he said.

Mr Hesketh urged the jurors to disregard the man’s former occupation as a police officer, saying that while there had been high-profile cases involving police recently before the courts, they had no bearing on his client’s case.

The trial, before Justice Heath and a jury of 10 women and two men, is expected to last for eight days, but the hearing of evidence ended early yesterday when the complainant broke down in the dock.
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Officers in the dock

June 17, 2007

The credibility of the New Zealand police force has taken another hit with new figures showing more than a dozen serving officers are facing criminal charges ranging from rape of a minor to wounding with intent.

The Office of the Commissioner is playing down the number and seriousness of the charges, saying cases pending against serving officers should be taken in the context of a 10,000-strong police force.

The figures follow Dame Margaret Bazley’s report into police conduct, and cap off a week which has seen four officers committed for trial and the career of another left in tatters.

Police refused to name those facing criminal charges, but did confirm the 14 sworn officers held the rank of either constable or sergeant, and that they were from the Auckland, Waitemata, Counties Manukau, Bay of Plenty, Tasman and Canterbury police districts.

The charges they face include: male assaults female, injuring with intent, common assault, excess breath alcohol, theft, careless driving, making a false statement, assault with a weapon, wounding with intent to cause grievous bodily harm, male rapes female, and male rapes female (aged between 12 and 16).

Some of the charges carry maximum prison terms of 14 years or more.

Police national manager for professional standards Stu Wildon would not say how many of those sworn officers had been stood down, suspended, or were on full or restricted duties.

National’s police spokesman Chester Borrows told the Herald on Sunday news of the charges would do little to restore confidence in a police force still reeling from the findings of the Bazley report, the police sex trials and the Iraena Asher 111 debacle.

“These officers on charges make it harder for the police to claw back that public confidence,” Borrows said.

“But you have to have confidence in the fact that the police are catching these guys and putting them before the courts. You can’t argue that the police aren’t doing their job, or are going soft on their own, because they certainly aren’t.”

Borrows believed it would take some time for the reputation of the New Zealand police to recover from the fall-out over the police sex trials involving former officers Brad Shipton, Bob Schollum and Assistant Commissioner Clint Rickards.

Rickards is still receiving his full salary of about $150,000 a year as police extend his suspension period while they continue to work through employment issues. In March, he was cleared of kidnapping and indecent assault charges involving a 16-year-old in the 1980s. Last year he was acquitted of raping Louise Nicholas when she was a teenager, also in the 1980s.

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Police ‘vendetta’ appeal aired in court

14 June 2007

A battle between police and a former sergeant who claimed he was forced out of the police in a vendetta has been heard by the Court of Appeal.

The Commissioner of Police was granted leave to appeal whether the actions of a police tribunal should be reviewed in a personal grievance hearing in the Employment Court.

The Court of Appeal is to determine whether the Employment Court’s conclusion as to “exceptional circumstances” was wrong in law.

In 2001, Mark Raymond Creedy was found guilty of 31 internal disciplinary charges including disgraceful conduct, sexual harrassment and pepper-spraying a fellow officer.

Crown lawyer Christina Inglis said 39 charges had initially been laid and considered by a tribunal inquiry set up under the Police Act.

The tribunal reported its findings to the commissioner who told Creedy he was considering dismissal and sought submissions.

Creedy, who had been a sworn member since 1989, quit the police in December 2001 under the Police Employment Rehabilitation Fund scheme before a decision to dismiss was made.

His lawyer at the time wrote to the commissioner in April 2001, before the tribunal hearing, intending to raise a grievance. The letter was insufficient to raise a grievance. This was due to an unreasonable failure on behalf of the lawyer, Ms Inglis said.

After discussions between Creedy and his lawyer, Creedy believed that enough had been done to raise an unjustified dismissal grievance into the future.

The lawyer thought Creedy was referring to a disadvantage grievance, relating to the disciplinary process to date.

No grievance of either type was raised during the 90 days specified in the Employment Relations Act, Ms Inglis said.

The tribunal decided whether the charges were proven. The commissioner, as the employer, decided whether it was suitable for the employee to remain in the police.

The crown said one of the issues on appeal was whether the definition of “personal grievance” was applicable. It said the term had restricted definition and must relate to an action of an employer.

Further, the test for exceptional circumstances was high and something more than a “mere misunderstanding”, such as that which occurred between Creedy and his lawyer, was required.

Creedy’s lawyer Alex Hope said his client was given permission by the Employment Court to raise his personal grievance outside of the 90 day period.

Regarding the discussions between Creedy and his then lawyer, the court held that it was an exceptional circumstance that Creedy and the lawyer “talked past each other” in the context of a high degree of reliance by Creedy on his barrister.

Mr Hope said the lawyer had come over from Australia to work solely on this case and was living with Creedy as a boarder.

The main issues included questioning whether a police tribunal inquiry was part of the commissioner’s investigation into allegations of misconduct, Mr Hope said.

Another issue was whether the court should give leave to the commissioner to pursue its appeal in respect of the “exceptional circumstance” issue.

Further, did the Employment Court apply the proper test to determine whether or not “exceptional circumstances”‘ existed such that the court could grant leave to raise a personal grievance out of time.

Justice William Young said the court would advise of its decision in writing at a later date.

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Name suppressed

Wednesday June 13, 2007

A police officer who faces trial for assaulting his former wife was granted continued name suppression when he appeared in Auckland District Court yesterday.

The officer has elected to stand trial on one charge of male assaults female following the alleged attack in 2000. He will return to court for a depositions hearing on August 15.

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Policemen go to trial on assault charges

June 11, 2007

Four Whakatane police officers accused of assault have been committed for trial.

Sergeants Keith Parsons, 51, and Erle Busby, 46, senior constable Bruce Laing, 45, and constable John Mills, 38, are jointly accused of assaulting a man with pepper spray and batons in the Whakatane police cells in October.

At a depositions hearing in Whakatane District Court today Tauranga-based lawyer Rachael Adams, conceded that there was a case to answer.

She entered not guilty pleas on behalf of the four police officers and told community magistrates Kevin Hurley and Heather White that they could be committed for trial without the hearing of evidence.

The men were remanded for a callover in the Tauranga District Court on July 26.

All evidence, including witness statements and DVD footage of the alleged assault, was handed up.

Busby faces three charges of assault using a police tactical baton and one charge of assault using a police side handle baton.

Parsons faces two charges of assault using a tactical baton and one charge of assault using pepper spray.

Laing and Mills are each charged with assault using pepper spray.

All evidence at the depositions hearing, including witness statements and DVD footage of the alleged assault, was handed up to the community magistrates.

The media were refused permission to publish information contained in the depositions evidence. However, the community magistrates allowed the filming and still photography of the exhibits, including the batons and pepper spray used in the alleged assault.

Mrs Adams sought suppressions of the DVD footage of the alleged assault saying there were issues regarding its authenticity and expert advice was still be sought on technical aspects.

She said that without the DVD much of the written submissions were out of context or had no explanation or balance and it would be unfair to the defendants at this early point if that material appeared.

She said public interest in the case had to be secondary to the considerations of a fair trial.

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Porker in court on P-deal charge
May 22, 2007

A South Auckland policeman facing a charge of dealing in P has been stood down. Counties-Manukau police spokeswoman Angeline Barlow said in response to Herald inquiries that the 26-year-old “temporary sworn member” was charged last Tuesday and had made an initial appearance in court. The police refused to make any further comment.

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The cover-up continues

Watchdog to review allegations on police
15 May 2007

The Police Complaints Authority will review all the allegations raised in a magazine article on police behaviour in Dunedin in the 1980s.

Police Commissioner Howard Broad has already confirmed allegations made in Investigate magazine that a bestiality film was shown at a party at his Dunedin house – without his prior knowledge and permission – while he was a young police officer in 1981.

But it was the Government’s turn yesterday to defend other allegations made by the magazine’s editor, Ian Wishart, that it helped police to cover up a paedophile, bondage and bestiality ring in the city.

Wishart alleged that, in 1985, Deputy Prime Minister Michael Cullen, then a local MP, and Cabinet minister David Benson-Pope, then a party worker, widely distributed an independent examiner’s report into the allegations – which Wishart described as a “whitewash” – as a way to alleviate people’s concerns about allegations against police.

The article claims police bosses and Labour wanted the issue buried because the ring was allegedly run by the father of a police officer and attended by at least one unnamed, and now retired, Labour Cabinet minister.

Dr Cullen described Wishart yesterday as a “delusional paranoid”. “Everything is conspiracy as far as Mr Wishart is concerned.”

Prime Minister Helen Clark questioned the role in the allegations of Dunedin investigator Wayne Idour, who made headlines last September after confirming he had been hired indirectly by the Exclusive Brethren religious group to spy on Labour MPs. Mr Idour did not return calls yesterday.

Miss Clark said Mr Idour had approached Labour members with “various allegations”.

When they asked Mr Idour for evidence, he pointed them to Joyce Blondell, who makes several allegations of police rape, intimidation and blackmail in the latest Investigate article.

Miss Clark said Christchurch Central MP Tim Barnett twice visited Blondell in Christchurch Women’s Prison – where she is serving a life sentence for murder after she admitted supplying the shotgun used to murder Alec Rodgers in Christchurch in 1999 – and listened to her story.

But Miss Clark said he found her confusing and making “wild allegations”, to which she was unwilling to put her name. The decision was made not to take matters further.

Miss Clark and Dr Cullen both said they would not take legal action against Wishart.

“His technique is to try and get mainstream media to go running off after all kinds of wild allegations. I really have better things to do with my money.”

The best person to judge the validity of the allegations was Police Complaints Authority head Justice Lowell Goddard, she said.

The magazine also alleges Mr Broad, while under the influence of alcohol, groped female staff when stationed in Dunedin 26 years ago – an allegation he rejected yesterday.

Police rallied behind their boss, saying they wanted to draw a line under the police culture of the past.

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Rural police employment complaints go straight to court

April 26, 2007

Workplace tensions at the Temuka police station were so bad they prompted two long-serving constables to quit and resulted in Employment Court grievances.

The claims were deemed so serious by the Employment Relations Authority it agreed to bypass its own investigation and move the cases directly to the Employment Court.

Bruce Ramsay quit the force in 2003, after working as a police officer for 25 years, the last 16 as a constable at Temuka, in South Canterbury.

He left because of a combination of how complaints by him against a supervisor were dealt with, and a sexual harassment complaint that was made against him to the Police Complaints Authority.

The second case sent to the Employment Court concerned a female constable who worked at Temuka station for nine-and-a-half years.

Christine Coy said she left the police because at Temuka she was subjected to a “campaign by her supervisor of intimidation, harassment, humiliation and abusive behaviour, which had the effect of undermining her position and disadvantaged her”.

Ms Coy said she left the police because they failed to deal with issues raised by her in an appropriate or adequate manner.

The Authority Helen Doyle said both complainants made serious allegations about their treatment while employed as constables at Temuka.

“There is, in my view, public interest in how such allegations were dealt with in the context of a small rural police station and the police general instructions.”

Ms Doyle found that each case on its own would not merit a move directly to the Employment Court, but the cases together were appropriate for the court to investigate.

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Greymouth couple defending trespass charges

Saturday, 21 April 2007

A Greymouth couple are defending charges that they trespassed at the home of the West Coast’s top policeman.

Sheryl Ann Goodger and Allistair Patrick Brooker appeared in the Greymouth District Court yesterday charged with unlawfully being on a Hokitika property at 12.30am on January 6.

While they did not dispute that they were at the home of the police area commander Inspector Vern Morris on January 6, they disagreed with evidence on how long they were at the property and their behaviour while there.

Michelle Morris said she was upstairs in the computer room and was disturbed when she heard a vehicle travelling fast up the driveway. Morris said she moved to the bedroom to see a male driver get out of his car yelling loudly: “Is Morris there? We need to talk to him, something is going on. Tell him Allistair and Sheryl are here.”

Morris said she spoke to the man from upstairs and told her husband (Vern Morris) that people had arrived, then went downstairs to ask what was going on. She was frightened as the people were “aggressive” and the woman had something like a recording device.

“The man was yelling `Resign Vern, you are a liar’.”

She then called the police and said the whole incident lasted 10 minutes.

Cross-examined by Brooker, Morris denied telling her neighbours that Brooker was armed, dangerous, on P and a drug dealer.

Vern Morris gave evidence of Brooker yelling at him, calling him a liar and asking him to resign.

Brooker put it to him there was no yelling: “We had a conversation. You told us to leave as we were trespassing and we left immediately.”

He said he had also told Brooker that he was not prepared to discuss police business at “this hour”.

Brooker said he had audio evidence proving that the entire visit was just 35 seconds, and suggested Vern Morris’s evidence did not reconcile with the tape. He then played the tape to the court and showed Judge Tony Couch a transcript from the tape.

However, the judge said the transcript could not be used as it indicated the recording was not continuous and was not a clear indication of time.

Morris said he could not make anything of the recording as it was not clear.

Defence evidence was given from neighbours of the Morrises who said Michelle Morris had told them to “watch out” for Brooker. However, Judge Couch told witness Hilga Bruns her evidence was of no assistance as it was hearsay.

The case was adjourned until May 7, with evidence from Brooker and Goodger still to be given.

Judge Couch remanded the couple on bail and told them not to make any arrangements to leave the West Coast during the next few months.

Protest singer’s court victory angers police

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Article triggers another police rape investigation

April 20, 2007

Police are investigating a woman’s allegations that a Dunedin police officer raped another woman at a party in the city eight to 10 years ago.

Dunedin and Clutha area commander Inspector Dave Campbell confirmed yesterday that an investigation relating to an article in the May issue of Investigate magazine was under way.

He declined to provide more details about the investigation or the people being investigated, saying, “We have to respect the privacy of individuals”.

The Investigate article reported the “claim and counterclaim” concerning the alleged rape of a young court worker by a policeman at a barrister’s office in the 1990s.

The claim was made by a woman named as Christine, who alleged the court worker was raped during a midwinter Christmas party.

She said that about 12 lawyers and several off-duty police officers were at the party.

Mr Campbell said the incident was one of 18 investigations by police about Dunedin officers.

He confirmed that an investigation was under way into an incident in the Dunedin Central police station bar, where it is understood two off-duty officers are said to have abused two senior officers.

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Auckland police face new allegations of racism
Sunday, 15 April 2007

An Auckland man has made a formal complaint against three police officers alleging he was subjected to a racist roadside interrogation.

David Newell, 29, alleges during the incident in Auckland last week that an officer pulled down his pyjama pants and called him a “monkey”.

The allegations have been referred to the Police Complaints Authority (PCA) following a formal complaint to Auckland police last week, The Herald on Sunday reported today.

Queen’s Counsel Peter Williams told the newspaper it was the worst racial incident he had heard of in his legal career and he has also formally complained to the Attorney-General.

Mr Williams said unless action was taken against the three officers involved he will seek punitive damages.

Police spokeswoman Noreen Hegarty told the newspaper Mr Newell had been stopped on Monday evening after allegedly being clocked at 107kmh in a 50kmh zone and subsequently charged with refusing to provide a blood sample.

Newell denies he was speeding.

Ms Hegarty said that when confronted by police, Mr Newell said his mother-in-law was a High Court judge and he was a Kenyan diplomat.

He then pulled down his pyjama pants in front of the three officers and a civilian observer who had been accompanying them on patrol, she said.

Mr Newell, she said, was then told to pull his pants up before being handcuffed and put into the back of the police car.

Mr Newell’s lawyer, Christopher Reid, has accused police of fabricating a story, saying the officers involved were going to extreme lengths to discredit his client.

Mr Newell told the newspaper he was still shocked by what had happened, could barely sleep and was undergoing counselling.

“It was such a violation, I couldn’t believe it. I was humiliated when they pulled my pants down and exposed my private parts,” he said.

A police spokesman said Newell was due to appear in court later this month.

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9/4/07

A Samoan father is taking on the authorities who he says failed his dead son.

Iao Ali’imatafitafi is preparing for an inquest after his son survived a police shooting but subsequently died.

Michael’s ashes are all Iao has got left and he is demanding justice for his son.

Michael, a ballet dancer and philosophy student, survived a police shooting but his family believe the stress of it ultimately killed him.

“I want justice…to stop the gurgling blood of our son from the ground,” says Iao whose son was shot three years ago after a noise complaint went wrong.

The father and son, both hearing impaired, were listening to loud classical music on a Tuesday afternoon when noise control officers with no identity card or warrant came calling.

Iao angrily ordered them off his property and they came back with police.

“I said who the hell are you to tell me, it’s my property, I said, you don’t have the right to be here.”

Iao was so angry he smashed his stereo in front of them and struggled when police tried to arrest him. Protecting him, Iao admits Michael ran at the police with a machete and a meat cleaver.

Iao says after police scattered he took the machete from his son and he was unarmed when he was shot.

One News has spoken to two witnesses who say they do not remember seeing any weapons in his hands. But the Police Complaints Authority found otherwise and cleared the officer involved, saying the overwhelming evidence was that Michael was armed when shot.

A Police Complaints Authority report into the shooting said police and noise control were trespassing.

A High Court jury found Michael not guilty of attempted murder but he later admitted a charge of assaulting the officer. He served over 14 months in prison.

In the week before he died Michael twice tried to get help from mental health where he had been a patient prior to the shooting. His contact there, the person he trusted, was unavailable.

In August last year Michael drove to a cemetery and took his own life. His body was found the next day.

His family is grappling with their loss and say the response was an over-reaction – “a big one”.

“They made a big mistake and they’ve been trying to cover for it ever since,” says his brother Kenneth.

The family wants an independent inquiry and justice for their son.

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Ex-cop told to run away from accident scene, court hears
April 15, 2007
By Jared Savage

The wrecked BMW driven by Jason Peters when it crashed at Maramarua.
The former police officer who allegedly caused a car crash which put a woman in a coma was told to flee the scene by his seriously injured brother, the Auckland District Court has heard.

Jason Connell Peters, a property developer and part-time model, appeared in court last week facing serious charges over a five-car pileup south of Auckland last May.

Peters, older brother of Rich List property magnate Jamie and cousin to Minister of Foreign Affairs Winston, was the driver of a BMW which crossed the centre line on State Highway 2 and collided with a Jeep Cherokee heading in the opposite direction.

The smash, described by a witness as “a big puff of smoke, a lot of flying glass, then a black vehicle flipping”, put Peters’ brother Mathew in hospital and newly married mother of one Michelle Davies in a coma for weeks.

The 42-year-old Peters then allegedly fled the scene, leaving his brother and another injured passenger trapped in the wrecked BMW. He was later found hiding in bushes by the police heat-seeking helicopter.

Witnesses at the depositions hearing last week recalled the BMW travelling erratically on the “Unforgiving Highway” near Maramarua, before it overtook another vehicle and veered into the Jeep carrying the newly married Michelle and Greg Davies and their 6-year-old daughter Gemma.

Ronald Stevens and his partner Sheree Hodges were travelling south behind the Davies’ Jeep when the crash happened and were among the first on the scene to offer help,

“[I've] seen a big puff of smoke, a lot of flying glass, then a black vehicle flipping towards us,” Stevens said.

The BMW came to a grinding halt about five metres in front of Stevens’ van and ended on its passenger side.

Stevens said he ran over to assist the three occupants of the BMW and then helped the driver Jason Peters get out of the car.

Peters was pulled out over the unconscious body of his brother Mathew in the front seat. He then checked on his trapped brother and friend Anthony Andrew in the back.

“I asked him if he was OK, he said ‘Yeah, I’m alright’,” said Stevens.

Peters then went “walkabout” before returning to the wrecked vehicle to help his passengers, who were pinned in their seats.

By this time Mathew Peters had regained consciousness and told his brother to: “Get the f*** out of here before the cops get here,” Stevens said.

Wearing gumboots, Jason Peters then left the scene.

Police later found him in a nearby paddock.

Senior Constable Rhys Bright, of the Hamilton serious crash unit, prepared the crash impact report handed up as evidence in court. The two vehicles crashed left headlight to left headlight, indicating the BMW was to the right of the Jeep Cherokee in the collision, Bright said in court.

Crown prosecutor Mark Ryan asked Bright if the BMW had only partially crossed the centre line, whether the two cars would have collided right headlight to right headlight.

“Yes, that’s more typical in head-on crashes,” said Bright.

Peters, a policeman for 10 years, faces three charges each of causing injury (to Michelle Davies, Mathew Peters and Anthony Andrew) by carelessly using a vehicle while illegally overtaking; dangerous driving causing injury to the same people; and driving with excess alcohol causing injury.

Michelle Davies, who suffered severe head injuries, spent weeks in a coma.

The depositions hearing has been adjourned until August.

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Ignored rape victim seeks $500,000

8/4/2007 5:28:10 PM

A woman whose rape complaint was noted in the Commission of Inquiry into Police Conduct as being ignored by police in a “serious dereliction of duty” has hired a top lawyer to seek compensation of $500,000.

Dame Margaret Bazley’s damning report released on Tuesday made 60 recommendations and brought an apology from Police Commissioner Howard Broad to women harmed by sex abuse from police.

Wellington’s Rhondda Herbert-Savage, 40, who was called “Submitter A” in the Bazley report, complained to police in Murupara, in the Bay of Plenty, in the 1980s when she was raped as a 14-year-old by a man known to Bob Schollum – the former police officer convicted of rape along with Brad Shipton.

Her complaint was found to have been ignored years later by other detectives who eventually charged the man. He was acquitted because of a delay in the case being heard and missing medical evidence.

The man was jailed separately for nine years for raping two girls, whose complaints were also mishandled.

Herbert-Savage lived next door to Louise Nicholas in Murupara when the rape occurred. She has always wanted compensation, but it was only four days ago Wellington compensation lawyer John Miller agreed to help. one of her submissions to the inquiry team was that she be compensated.

“I haven’t got money on my mind at the moment. I’m glad those cops involved have had justice served to them,” she said. “But I will be chasing that (compensation) up. I want to contact Louise Nicholas about it too.”

She wants $500,000, saying “this has affected my whole life”.

Miller said the top award for a sexual abuse case in New Zealand was $85,000 so her expectations could be “unfortunately too high”. But he hoped to get financial redress for her.

He will also investigate the possibility of civil action for damages against the police and attorney-general.

He hoped the fact the government backed Bazley’s findings would mean there was more willingness to settle such a case.

Bazley’s report in respect of Herbert-Savage’s case said police had acknowledged their handling of her rape complaint “represented serious dereliction of duty on the part of the officers involved. There is no excuse for this”.

She noted Herbert-Savage’s initial complaints in the 1980s were shelved, probably due to the close association between the accused and local police.

The mother of the girls raped by him said Bazley’s inquiry brought back the “trauma” of the ordeal.

Meanwhile, Wellington lawyer Roger Chapman said women abused by police in the 1980s could take a group claim, but it would be difficult because each case was so different.

“While it may be difficult I doubt I’d be saying `you’re wasting your time’.”

Herbert-Savage has given legal permission for her name to be published. The Star-Times revealed her case in 2000 after which then police commissioner Rob Robinson apologised publicly.

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112 officers were charged in 5 years
By MIKE STEERE – The Press | Thursday, 5 April 2007

Over 100 police officers have been charged with criminal offences in the past five years.

The charges include assaults, sexual violation and importing prohibited goods.

The figures, released to The Press under the Official Information Act, come just a day after a damning report into police conduct.

In total, 112 police officers were charged with criminal offences between 2002 and 2006.

The worst year was 2004, when 33 officers were charged, while 19 were charged last year.

Charges faced by officers last year included sexual violation, indecent assault, importing prohibited goods, theft, making false statements, dangerous driving and using a document to gain pecuniary advantage.

Nine officers were charged with assault last year, six of which came while the officer was off-duty.

Police could not clarify the outcome of the criminal charges as some cases were still under investigation or in the court process.

Police human resources manager Wayne Annan said the incidents were unacceptable, and police were required to maintain high standards of professional conduct.

“In a staff of 10,500 there will, unfortunately, be occasions when staff members err,” he said.

Annan hoped the recommendations from Dame Margaret Bazley’s commission of inquiry report, including a new code of conduct, would improve the situation.

“The introduction of a code of conduct and disciplinary process later this year, and the review of the Police Act, will help streamline disciplinary processes and provide an even greater deterrent for those who might otherwise err,” he said.

Police Association president Greg O’Connor said he was not too concerned by the figures and suggested many of those charged would have been acquitted. “We do have some people that should be before the court … but in reality most of these cases are found not guilty.” (Engineered to fail Greg?)

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A Hamilton man who appeared in the Hamilton District Court yesterday charged with assaulting two police constables has countered those charges with his own against the pair.

Tiare Waaka-Timoti was draped in Maori sovereignty and British flags when he appeared before Judge Joanna Maze yesterday.

The two officers also made their first appearance in court on charges brought against them by Waaka-Timoti.

Constable Andrew Murphy has been accused of assaulting Waaka-Timoti’s two daughters while Constable Christopher Wharton has been accused of threatening to kill and wounding with intent to injure.

Judge Maze gave the two accused officers leave to be absent from the April 10 pre-depositions hearing.

Waaka-Timoti, who represented himself, will appear again on April 5 for a pre-trial hearing on five counts of aggravated assault on Murphy and Wharton.

All the charges relate to a confrontation at Waaka-Timoti’s Mardon Rd, Hamilton, home on July 10 last year.

- Waikato Times

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Police are investigating claims that officers chasing an allegedly dangerous criminal used an Auckland woman driver and her car as a “roadblock”.

Evgeniya Arel says police are now refusing to pay for thousands of dollars of damage to her car.

Act leader Rodney Hide complained to Police Minister Annette King’s office after Arel approached him for help.

A spokesman for the minister said her office would be “asking about it… we will get a report”.

Hide said: “I’m very concerned. It would appear police have put a private citizen’s life at risk as part of a roadblock… then just walk away and say it’s her problem.”

Arel, a 26-year- old Russian hairdressing student, said she was leaving a carpark near Carrington Rd in Mt Albert a week ago when a policeman “started screaming into my window, `Stop, stop …’ Two seconds later this guy crashed into me”.

Arel said her car was obstructing the carpark exit and she was “100% sure” police had asked her to stop to block the man’s way out.

The 36-year-old man was arrested at the scene and now faces charges including failing to stop. Arel was left shaken and her Toyota Rav4 with $7800 in damages.

“It’s not acceptable. I don’t want to be put on the road to stop the crime … if I had a baby in the back seat it would be dead,” she said.

She woke up the next day feeling like “all my body had been beaten”.

Arel said she asked the officers what they would do about her car.

“They said `we will sort it out’. Then two minutes later they came back and said `we have talked to our boss and we are not going to do anything’.”

Senior Sergeant Marty Brown confirmed there had been “extensive damage” to a civilian’s car during the chase.

Brown said police paid for Arel’s car to be towed “as a courtesy”.

He confirmed police would be looking into the crash. “There is always an investigation into a traffic accident that’s occurred after a pursuit.”

However, he said the officers did not make the offender hit her car. “The fact he hit her car was because of her driving.”

Brown said police cars were moved out of the way if a crash looked likely due to the risk of injury.

“I know she’s the victim, but she may well have got in his way. At the end of the day, the offender’s actions are the offender’s responsibility.”

The police officer at the scene refused to comment, saying the matter was before the courts.

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Two charged over rape case appeal

March 03, 2007
By Phil Taylor

Two people who provided affidavits in support of an appeal against conviction in the Mt Maunganui rape case involving former police officers Brad Shipton and Bob Schollum have been charged with attempting to pervert the course of justice.

The appeals of Shipton, Schollum and Tauranga businessman and surf lifesaver Peter McNamara failed. They are serving jail sentences of eight-and-a-half years, eight years and seven years respectively.

A retrial was ordered for Warren Hales but he changed his plea to guilty of abduction and police dropped the rape charge. He was sentenced to 18 months’ jail.

The charges of attempting to pervert the course of justice will be heard on September 3.

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Police sex trial:

What the jury never knew

March 01, 2007

Shipton comforts Schollum during their sentencing for the 1989 rape.

Photo / Mark Mitchell

Two of the men today acquitted in today’s police sex case are serving prison terms for the rape of a woman at Mt Maunganuui 17 years ago.

Former policemen Brad Shipton and Bob Schollum had their names suppressed during their July 2005 trials for the 1989 abduction and rape of the 20-year-old woman.

The victim said four men lured her into a hut on the pretext of having a lunch date with one of the men. Once there she was bound, raped, forced to perform oral sex and brutally violated.

The men maintained it was consensual sex.

They were jailed for terms of between five-and-a-half and eight-and-a-half years.

Shipton and Schollum were also convicted of unlawful sexual connection and one was found guilty of a second rape. Both were acquitted of sexual violation with an object.

Businessman Peter Mana McNamara and fireman Warren Hales were also convicted of the rape but in April last year the Court of Appeal overturned Hale’s conviction and ordered a retrial.

In November, Hales pleaded guilty to the woman’s abduction and was sentenced to 18 months’ prison and ordered to pay $10,000 in emotional harm reparation.

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Posted by dad4justice | March 1, 2007 4:21 PM

Posted on March 1, 2007 16:21

Yes it was fairly common knowledge in Tauranga at the time of the Mt Maunganui rape trial that the two accused with name supression were Schollum and Shipton. Shipton is well known in Tauranga as someone to avoid if you’re young and female. He was notorious for expecting “favours” from his female staff when he owned the Bahama Hut bar here. Didnt like taking no for an answer either and this was only a few years ago when he had retired as a cop, and was on the local council if you please. I have also heard that there are more cases to come and the women involved have been advised not to lay their complaints all at once as he may then end up serving time concurrently.

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Arson accused set free
By EVAN HARDING – Manawatu Standard | Friday, 23 February 2007

Two men jailed for setting fire to Foxton’s Manawatu Hotel in 2003 have had their convictions overturned and are now free.

Phillip Johnston and Donald (Jaden) Knight are seeking apologies from the police and compensation from the Government. Police have reopened the Manawatu Hotel arson file, and another person of interest is being investigated, the Manawatu Standard understands.

Mr Johnston and Mr Knight, both from Lower Hutt and in their early 30s, were sentenced to six years in prison in November 2004 after being found guilty of arson at a jury trial at the Palmerston North District Court. They had no previous convictions and pleaded their innocence.

Both men spent nine-and-a half months in Manawatu Prison before their convictions were quashed by the Court of Appeal in June 2005.

Retrials were ordered and Mr Johnston was last year found not guilty of the Manawatu Hotel arson. Mr Knight was discharged last Friday when appearing in the Palmerston North District Court, after the Crown failed to offer evidence against him.

The discharge put an end to an ordeal spanning 38 months since police pressed charges.

“They are left cold by what’s happened, numb,” said Mr Knight’s lawyer, Christopher Stevenson.

“It’s just been a completely shocking experience for them.”

Mr Johnston’s mother, Darrel Arcus, said her son had since moved from Lower Hutt to a location she would not disclose.

He had received a death threat since being found not guilty and wanted to keep low.

It had been “traumatic” for both families. The boys went to school together and had remained mates for many years.

Both sets of parents worked to get the convictions overturned while their boys were in jail.

“We had to, because we knew they were innocent. It cost us a lot, but we would have done anything to free them,” Mrs Arcus said.

Visiting her son was excruciating.

“I hated it, hated it. I cried every time I came out because I knew he did not belong there, I knew he was innocent.”

Mr Knight’s mother, Neroli Edwards, said her son was now looking for security work, which he had done for a decade before being arrested.

But he was finding it tough to get on with his life.

“It’s been traumatic for all of us.”

Mrs Arcus said the two mates were driving from Palmerston North to Lower Hutt in the early hours of November 12, 2003. They stopped for petrol in Foxton and when they got to Levin, they saw a police car with flashing lights and they turned around and followed it to the Foxton Hotel, which was ablaze. They were later questioned by police and charged with arson.

Manawatu Hotel managers at that time, Nicholas and Gina Betty, had woken to an explosion. They found flames licking at the bottle shop walls. Mrs Betty fled the building while Mr Betty searched for a fire extinguisher to help contain the blaze. The fire caused $300,000 damage to the hotel and there had been a risk to human life, Judge Les Atkins said during sentencing.

Both men’s families are now putting a case together to lay a formal complaint about the police and Crown handling of the case.

The detective in charge of the investigation, Peter Govers, said he stood by his team’s work.

“As far as I am concerned, it was a professional and thorough investigation and back then there was sufficient evidence to charge both of them.”

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14. There are far too many innocent people in prison
It is very sad when the innocent get locked up and the guilty go free… The Police do not care if they get the right person – all they care about is that the case is closed – makes them look good… Sentencing is also a joke – no logic or consistency.

larra1 (68 ) 5:56 pm, 25 Feb

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New Trial Begins For Rickards And Ex-Cops

19/02/2007NZPA

Suspended Assistant Police Commissioner Clint Rickards and former officers Brad Shipton and Bob Schollum went on trial on sex charges again on Monday.

The trio pleaded not guilty in the High Court in Auckland on Monday morning to kidnapping and indecently assaulting a 16-year-old girl by inserting a bottle into her vagina.

The offences are alleged to have occurred between November 1983 and August 1984.

The men were acquitted in March last year of raping Rotorua woman Louise Nicholas also in the 1980s.

The latest trial is shrouded by suppression orders and many details of last year’s trial also remain suppressed.

It is expected to last two weeks.

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Freedom battle costs ex-All Black millions

5:00AM Monday February 26, 2007

Joe Karam has stopped counting the personal financial cost of his battle to free convicted murderer David Bain, but he estimates it is “likely to be millions”.

A former All Black, Mr Karam first became interested in Bain in 1996 after reading a newspaper article about supporters trying to raise money to get his case to the Privy Council.

“It struck me that they must have been genuinely convinced about what they were doing to go to such lengths, when this was just a person they had only known for a couple of years.”

The Bain family had been in Papua New Guinea, only moving to Dunedin in 1990.

Mr Karam planned to check if the supporters were genuine, then send them a couple of hundred dollars for their kitty. “And one thing led to another after that.”

Last reports in news media said Mr Karam had spent $750,000 on his quest to free Bain, who he believed was wrongfully convicted, but that figure no longer stands.

“I’ve probably been through the most productive earning years of a businessman’s life, really – from early to mid 40s to mid to late 50s … not getting any money. The real cost is obviously millions.”

Mr Karam believes “without any shadow of doubt” that Bain is innocent but says this is not the point.

“The point is that the evidence that we now have is vastly different from the evidence that was put before the jury that found David guilty.”

Mr Karam has been a vocal critic of the police investigation, alleging incompetence and resulting in the police suing him, unsuccessfully, for defamation.

Campaigning for Bain has taken up nearly all of his life since he became involved, but he only ever contemplated giving up when he was being sued.

Having written three books on Bain’s case, he joked his role on Bain’s legal team was as “information bureau”.

“There have been a vast amount of hearings and inquiries and reports, all of which I’ve been involved in.”

Mr Karam travels from Auckland to visit Bain most months.

Bain spends his days working in the administration office of Christchurch Prison’s engineering workshop, as well as studying computer-aided design.

Bain was “a completely shattered individual” when Mr Karam first met him but time has been a good healer.

“To that extent, he isn’t fraught with the total feeling of despair and destitution that he was when I met him.

“He has found a way to deal with prison life and he has applied himself to studying so that when he gets out of prison he’ll be able to survive or make a life for himself.”

Bain wanted to remain in New Zealand and make a career in computer-aided design, , Mr Karam said.

He was highly regarded by prison staff and had been a good influence on other prisoners.

“He’s got a gentle nature but won’t be pushed around. He’s strong on principles.”

Bain is eligible for parole in 2010, and if he is granted a retrial it could take a chunk of this time to be completed. But his fight is to clear his name.

“When he comes up for parole he will be asked how he has dealt with his offending, Mr Karam said.

“And he will say, ‘There was none’, and they’ll probably say, ‘Well, see you in five years’ time’. But to him that would be preferable to making up some story.”

Bain’s extended family “have wiped him”.

“They gave an ultimatum about 10 years ago that until he asked for God’s forgiveness for having killed his family and admitted to everyone that that’s what he had done they didn’t want any more to do with him.”

Mr Karam says Bain wrote back saying he couldn’t because he hadn’t killed anybody.

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Officer slept with drug suspect

By Nicola Boyes – 18 February 2007

Drug squad detective will give evidence against her in court.

A high-profile Auckland drug squad detective slept with a woman he had arrested on methamphetamine charges, but resigned from the police before an internal investigation was complete. He will now give evidence against her in court.

Terry Reardon worked in the Auckland drug squad for eight years cultivating police informants and investigating drug crime, but resigned from the police in November last year just as his bosses became aware of his affair with 32-year-old Tarnika Howard.

He was also then in a two-year relationship with Crown prosecutor Anna Pollett. The couple, who have a baby daughter, have since separated.

Reardon told the Sunday Star-Times he was paying the ultimate price for his stupidity. He says he was not asked to leave the police, but decided to “fall on his sword”.

He would not comment on whether police would be reviewing any of the files he had worked on over his eight years. Police boss Detective Inspector Bruce Good also refused to comment, saying the matter was before the court.

Reardon says he met Howard because he had the job of making contact with her during Operation Ralph in Whangarei in January last year.

Operation Ralph resulted in three men being arrested and charged with importing New Zealand’s largest haul of the drug fantasy.

After Operation Ralph further surveillance was done and Howard’s alleged offending was uncovered by police.

Reardon was involved in carrying out a search warrant at her Henderson home and interviewed her at Otahuhu police station on January 17 last year -arresting her on charges of conspiring to manufacture and supply methamphetamine.

She is jointly charged with Kaelib Hansen, Victoria Styles, Sophie Styles and Rachel Johnson.

Reardon says he met Howard a few times after the interview for coffee. Within two weeks he’d had sex with her, but says he was not sleeping with her before he interviewed her.

As a drug squad detective, he says he walked a fine line gathering information about suspects, but this time he had overstepped the mark.

“My actions were quite simply inexcusable. I deeply regret all aspects of that relationship and accept the consequences.”

He apologised to his former colleagues in the drug squad and the police as a whole.

Losing his partner, to whom he’d been engaged, and their daughter was hardest, he said.

“The worst consequence is the ripple effect my stupidity has had on other persons in my life.”

He is to appear in Auckland District Court tomorrow to give his evidence at Howard’s deposition hearing.

“I’ve decided to face up to it,” he said.

A police source said Reardon’s former colleagues were “gutted” by his actions.

“If he came in the inquiry room now, he’d be lynched.”

Reardon had been a rugby coach for the 2nd XV at Mt Albert Grammar and head coach at Carlton Grammar’s premier team, but said he did not know if he would return to coaching.

“I’ll try to re-build my life, regain some dignity. Try to look at myself in the mirror.”

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Clint Rickards due to stand trial again on Monday

Saturday, 17 February 2007

Three policemen last year acquitted of raping Louise Nicholas will in the High Court at Auckland on Monday face charges relating to sexual offending against another woman.

The trial relates to allegations of sexual offending by assistant police commissioner Clint Rickards and former policemen Brad Shipton and Bob Schollum against a woman, who has name suppression, in the 1980s.

They were acquitted by a High Court jury last March of 20 charges, including the alleged rape, sexual violation and indecent assault of Mrs Nicholas when she was a Rotorua teenager.

Two weeks have been set aside for the jury trial.

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Acquitted Rickards faces more sex charges

Saturday February 17, 2007

Assistant Police Commissioner Clint Rickards and two other men acquitted of raping Louise Nicholas begin another High Court trial in Auckland on Monday in relation to alleged sexual offending against another woman.

Rickards and former policemen Brad Shipton and Bob Schollum are alleged to have committed the crimes in the 1980s.

The three were acquitted by a High Court jury last March of 20 charges, including the alleged rape, sexual violation and indecent assault of Mrs Nicholas when she was a Rotorua teenager.

Justice Tony Randerson has allowed the media to publish the fact of another trial, but extensive suppression orders remain in force on the upcoming case and the Nicholas trial.

All that can be said is that the case relates to allegations of sexual offending by all three men against another woman, who has name suppression, in the 1980s.

Two weeks have been set aside for the jury trial before Justice Judith Potter.

Rickards, who had a meteoric rise through police ranks, from undercover police officer to Auckland district commander, has been stood down since he was charged two years ago. His base salary is understood to be $150,000-$159,000 a year.

He has been studying law at the University of Auckland.

Police spokesman Jon Neilson said the court process took precedence and he would remain stood down until the case was over.

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Police Accused Of Beating Named

16/02/2007 NZPA

Name suppression has lapsed for four Whakatane policemen accused of assaulting a man in police cells in October.

Keith Derek Parsons, 51, John Edmund Mills, 38, Bruce Gordon Laing, 53, and Erle Busby, 46, are jointly charged with assault with a weapon — pepper spray and police batons.

Parsons, a sergeant, has served in the police for 25 years. Laing, an Awakeri-based senior constable, has served 27 years. Busby, a sergeant, has 14 years’ experience and Mills, a constable, 7-1/2 years.

The four officers were stood down on full pay in December while investigations were carried out.

The alleged assault on the man in his 20s took place at Whakatane Police Station on Labour Day. The man had been arrested for driving while disqualified.

Following a complaint laid by the man’s family, senior police officers viewed footage from video surveillance cameras that recorded the alleged incident.

The men had interim name suppression until Wednesday’s pre-deposition hearing in Whakatane District Court.

Their Tauranga-based defence lawyer, Rachel Adams, made no application for it to continue.

None of the accused was present in court.

The men were remanded on continued bail to March 7, when Ms Adams expected to estimate the time required for the depositions hearing.

Because Ms Adams made no application to continue name suppression Judge Thomas Ingram said the order would lapse.

The men were excused from appearing in court on March 7.

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Constable charged with raping teenager

Wednesday February 07, 2007
By Louisa Cleave

A policeman has been charged with raping a teenage girl, adding to a raft of serious offences officers are facing.

The senior constable was suspended in early December and has been charged with sexual violation by rape of a female aged 12 to 16 years.

The man, from the South Island, has appeared in court and was granted name suppression. Police said the charge related to recent allegations.

The policeman, who has served at least 14 years in the force, is among 28 officers who have been stood down from duty because they face criminal charges, internal proceedings or allegations of criminal offending.

The total salaries paid to the suspended staff range up to $1.91 million.

Of the 11 facing criminal charges, one is an officer who was suspended in April 2005 and convicted of indecent assault, according to information released to the Herald by police national headquarters.

Among the other charges faced by the suspended officers were assault, attempting to pervert the course of justice, male assaults female off-duty, careless driving and providing a false statement to police.

Investigations are under way into allegations against officers of sexual assault, sexual misconduct, sexual assault domestic, harassment while off-duty and assault while off-duty.

One officer faced internal charges around timesheet discrepancies and a criminal charge of assault while on duty.

The longest period of suspension is three years and that is understood to be Assistant Commissioner Clint Rickards, stood down on full pay for alleged historic offences.

Rickards and former officers Brad Shipton and Bob Schollum were acquitted last March of raping Louise Nicholas but then charged with raping a second woman in the 1980s.

The information, supplied under the Official Information Act, shows one suspended officer, believed to be Rickards, is earning a base annual salary of $150,000 to $159,000.

Superintendent Stu Wildon, national manager of police professional standards, said a rape charge was a “very serious matter” and the suspension of the senior constable was “at the serious end of the scale”.

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Speed camera snaps officer

The Southland Times | Tuesday, 23 January 2007

A police officer who accelerated to 115kmh in a 50kmh zone in Invercargill on his way to a bus crash last year is now in court defending a charge of driving at a speed that might have been dangerous.

Winton-based Sergeant Gregory Arthur Smith, 42, was responding to a priority one call to the crash, which involved a school bus with 10 children taken to hospital on February 9.

He was caught by a speed camera several hundred metres from the main entrance to the James Hargest Junior College in Queens Drive, the Invercargill District Court was told yesterday.

The speed camera, hidden in a van, had been sited near the school as part of a national police campaign dubbed Speed Kills Kids.

The civilian camera operator, Paul Mussen, told the court he saw the police car turn into Queens Drive from Layard Street with lights flashing, stop or slow down at the school pedestrian crossing to allow pupils to cross, and then accelerate hard towards him.

Mussen said his camera was 270m north of the Layard Street-Queens Drive intersection and when he first saw the flashing lights he assumed the patrol car was involved in the campaign.

Questioned by Smith’s lawyer, Bill Dawkins, Mussen said he had not pressed the stand-by button to deactivate the camera because “it was too late”.

Dawkins: You said “it was too late to activate the stand-by button which we’re not allowed to do anyway”. Do you accept you told the police that?

Mussen: Yes.

In re-examination, prosecutor Craig Power asked what the stand-by button was for.

Mussen said the button was often pushed when emergency services passed so they weren’t faced with “extra paperwork”.

Questioned by Dawkins, Mussen said he could not remember if the patrol car’s siren was on.

Power argued the speed driven by Smith was dangerous to the public given the time of day, the fact it was a residential area, a 50kmh zone, near a school, school buses and walkways and was at a peak time for traffic when the speed camera caught him at 8.43am.

Smith later that day faxed a report to police saying he had been detected by the camera, disclosing his speed and explained he had been heading for what sounded like a serious accident, he said.

A police witness, former sub area police supervisor for Southland rural, Senior Sergeant Olaf Jensen, said that on February 9 he was made aware of a crash between the bus, which was carrying pupils from Isla Bank School, and a car between Riverton and Otautau shortly after 8am.

He called Smith on his cellphone and gave him brief details of the crash, which was classed priority one – requiring immediate police attendance.

Later that day, Smith told him he would submit a report about the speed camera activation and faxed Invercargill police a copy of the early warning report, Jensen said.

The case continues today.

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Prisoner pounding porkers in poo

22/12/2006
By Juliet Rowan

Gary Smith…….See 25 Rogues Gallery

Four police officers have been charged over the alleged bashing of a man in police cells at Whakatane.

Police said yesterday the male officers had appeared in court and faced a range of charges, including assault with a weapon.

“There are multiple charges on some officers which arise out of the same incident,” said Bay of Plenty district commander Superintendent Gary Smith.

He would not go into detail about the nature and number of charges each officer faced.

The four were granted interim name suppression at the appearance in Whakatane District Court late on Wednesday.

They were remanded on bail until February 14.

Mr Smith said the officers remained suspended from duty “as they have been since shortly after the incident came to the notice of police”.

The four were stood down on full pay after a man in his 20s alleged they assaulted him in a Whakatane police station charge room on Labour Day.

The Herald was told two of the officers allegedly beat the man while a third allegedly pepper-sprayed him.

The alleged assault was captured on video surveillance, which was viewed by eastern Bay of Plenty area commander Inspector Pat Tasker after a member of the man’s family complained to police.

“I had sufficient concern about what I saw to report the matter to the district commander [Mr Smith] and the Police Complaints Authority,” Mr Tasker said at the time.

He described the victim’s injuries as relatively minor but said he had been offered medical attention.

The man, reportedly arrested on a charge of unlawfully taking a motor vehicle, was later released on bail.

Police and the Police Complaints Authority launched investigations after the incident.

Authority head Judge Ian Borrin said he could not recall an incident involving that number of officers being stood down.

The police inquiry was done by four investigators from outside the Bay of Plenty.

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Cop denies police car incident

10.00am Wednesday December 13, 2006

A senior Rotorua police officer has denied crashing a police car and then claiming it had been stolen.

At Rotorua District Court yesterday police dog handler Sergeant Keith George Mitchell, 47, pleaded not guilty to careless driving and making a false verbal statement that a Holden Commodore stationwagon had been stolen.

He also pleaded not guilty to a new charge of dishonestly using the police car.

Mitchell has been stood down from his role as Rotorua’s police dog section leader since a mufti silver police stationwagon was found crashed into a power pole on Pukehangi Rd on Saturday, July 1.

Judge Philip Cooper remanded Mitchell on bail until January 22, when a date will be set for a defended hearing.

His appearance on that date is excused.

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Police files used to check out girlfriends
04 December 2006
By EMILY WATT

A 111 call-centre worker, sacked after being accused of stealing information from the police computer, says he will fight the dismissal because the practice is rife.

Les Neilson – who admits he used the police computer to check on potential girlfriends – says many police regularly look up acquaintances and friends on the database. He claims he has been made a scapegoat. “I’ve basically been screwed for doing something that’s a common practice. I’ve used the information the same as everyone else has,” he said. “If I’m socialising with people and I’m meeting new partners then I need to know the background of those partners because I don’t want to put myself or the department in a compromising position.

“There’s nothing that says `I can’t do that’ – I’ve been doing it for the last 20 years.”

Mr Neilson, who has been involved with the police for 20 years, was accused of “inappropriate accessing and disclosure of police information” in April and summarily dismissed.

However, he is fighting the sacking by taking an unfair dismissal case to the Employment Relations Authority. Mr Neilson is now working as a private investigator in Wellington.

A law expert says police could be sued over the revelations for breach of privacy and says police must investigate how many staff do this and what the confidential information is used for.

The police database contains a range of personal information, including current addresses, vehicle details, next of kin, details of who individuals live and associate with, criminal histories and any links with gangs.

The information is highly valued by private investigators and debt collectors. Sources say a current name and address alone can sell for between $100 and $200.

Police Commissioner Howard Broad said staff knew it was wrong to access the database for personal use. “If they do, it’s wrong and they would know that it’s wrong. It’s quite a clear breach.”

Mr Neilson, a former policeman who was later employed as a non-sworn staff member in the Wellington communications centre, said he regularly looked up associates and girlfriends “to protect myself and the organisation”.

He denies police allegations that he gave computer information to other people, that he misrepresented himself, and that he was using the database for personal gain.

“I have not disclosed the information to anyone. I’ve given an explanation. If they investigate it they’ll find out it’s a very legitimate explanation.”

Mr Neilson thought the public would not care that police accessed the database as he did.

“How many of the general public would be upset that the local policeman or someone working for the police checks up on them, or who’s in the street, or checks up on potential tenants for flats or aunts’ and uncles’ criminal histories?”

A police headquarters spokeswoman said the office was constrained about what could be said because the case was before the Employment Relations Authority.

“The police organisation is intolerant of any abuses of information that is held. As this case illustrates, action will be taken against any staff member who seeks to use police information for purposes unrelated to their duties,” the spokeswoman said.

Police Association president Greg O’Connor said the union had reminded members to be aware of how they used police information and facilities.

Operation Insider, which investigated the distribution of pornographic e-mails among police, had highlighted the importance of using such facilities appropriately, he said.

Auckland University associate law professor Scott Optican said the revelation was a significant breach of privacy and police could face lawsuits as well as formal complaints.

“Certainly, there’s no question that something like this is going to have to cause the police to rethink how they safeguard the information against the people who have access to it.”

Professor Optican said police had a duty to investigate how many people had accessed the database for personal use, and what they did with that information. “If it looks like there were consequences (for the person who was looked up), they need to contact that person and find out what happened.

“Quite frankly, I think the police should explain to members of the public exactly what happened here and what they’ll do to make sure it doesn’t happen again.”

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More police misuse computer
05 December 2006
EMILY WATT

More cases of staff misusing the police computer system to look up friends and rivals have surfaced, as Prime Minister Helen Clark condemns the behaviour as “absolutely disgraceful.”

A policeman who admitted he used police files to twice check on his girlfriend’s former partner has been cleared by his superiors and the Police Complaints Authority – despite assurances from police headquarters such behaviour would not be tolerated and was not widespread.

Christchurch property developer Todd Reinke said Constable Gary Hancock, who was in a relationship with Mr Reinke’s former partner and was living with his children, looked up his police records for personal reasons.

His relationship with Mr Hancock was acrimonious, and Mr Reinke said it was appalling he used his police powers in such a way. “It makes you feel like your personal life has been invaded. They can do what they like.” Mr Reinke complained to the Police Complaints Authority, which decided against disciplining Mr Hancock even though he had admitted using the database for personal use, gave other false explanations, and then was unable to explain why they were false.

Mr Reinke, who has been acquitted of fraud charges, likened the situation to Big Brother. “You feel like you’re in a system that you can’t get out of. It’s just a nightmare.”

Mr Hancock admitted he had looked up Mr Reinke’s file to take out a personal trespass notice against him. Police investigators found Mr Hancock made incorrect statements about why he looked up Mr Reinke, and was later unable to explain why. But the authority ruled there was no loss or detriment to Mr Reinke and no further action was taken.

Mr Reinke’s lawyer, Grant Smith, said the intrusion was harmful. “You can’t put a monetary figure on it. It’s like someone walking into your home uninvited, whether they take something or not.

The Dominion Post revealed yesterday that Wellington police call centre worker Les Neilson was fired in April after he was accused of accessing information from the database. Mr Neilson, who has been involved with the police for 20 years, said looking up friends and acquaintances was common among police, and he was fighting the dismissal.

One former police officer said recruits at the Royal Police College in the 1980s were instructed to look up girlfriends and friends, but were told not to pass it on. “In 1989 that was the done thing. We were told to check out any new friends that came along to ensure that we weren’t going to get ourselves or the police into trouble,” he said.

But Miss Clark described such misuse of the police database as “absolutely disgraceful”.

“Police take a very, very dim view of inappropriate use of the computer and wherever it’s detected they will act,” she said.

Deputy Commissioner Lyn Provost said inappropriate use of police information was not widespread among the 10,000 police staff.

“Action will be taken against any staff member who seeks to use police information for purposes unrelated to their duties,” she said.

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Accused policeman gets top job

25 November 2006
By YVONNE MARTIN

A police inspector has been appointed to head southern Christchurch despite being under a Police Complaints Authority investigation over sexual harassment allegations.

Inspector Dave Lawry starts work at Hornby Police Station on Monday as area controller of the region, which runs from Rakaia to Sockburn.

He has recently returned from Afghanistan, where he commanded the New Zealand Police contingent.

However, New Zealand First MP Ron Mark has questioned the latest appointment, given that Lawry is under investigation over allegations he harassed a woman at a corporate function at Jade Stadium three years ago.

It is alleged Lawry had been drinking and made lewd and offensive remarks to a young waitress. He has denied any wrongdoing.

The woman, tracked down by The Press, has refused to comment, directing inquiries to Jade Stadium’s management.

Mark, NZ First’s law and order spokesman, said: “Police officers who are accused of impropriety or illegal acts have historically been stood down or suspended whilst investigations are completed, at great cost to them personally and to their family. Yet in this case, far from that, we seem to have a senior officer being treated completely differently.

“I find that concerning and not entirely helpful to the police’s expressed desire to restore public confidence in them and their ability to investigate allegations against themselves.”

The Police Complaints Authority (PCA) confirmed the investigation into the harassment allegations, which has been running for more than a year, was continuing.

“There are some complex issues around it so it’s taking some time to make sure that we have it right,” said the PCA manager of investigations, Allan Galbraith, a retired detective who headed the original Rainbow Warrior inquiry.

“Quite often things do take longer than one anticipates and this is one of them.”

The PCA was still talking with police officers at national headquarters who were investigating the matter.

“Certainly from our perspective we are certainly not finished yet,” Galbraith said.

Canterbury’s District Commander, Superintendent Sandra Manderson, said the decision to suspend a member was an employment issue between the police and the individual. Each case was considered on its merits, given the seriousness of the offending and strength of evidence.

In this case, there was no complainant. The matter had been initiated by a person who was not present at the time “reporting hearsay”.

“The matter has been thoroughly investigated by the Christchurch police and at no time during the investigation was there sufficient evidence to cause me to consider a member’s suspension,” she said.

“The matter has been forwarded to the PCA and we await the outcome. It is in everyone’s interest to have this matter concluded once and for all so that we can concentrate on reducing crime.”

The PCA became involved after a Christchurch policeman, Senior Sergeant Colin Campbell, reported claims that were circulating in the district. The PCA is reviewing the police bosses’ handling of the harassment allegations.

It is also looking into claims Mark raised in February, at a parliamentary committee reviewing the PCA’s finances, that Campbell is being drummed out of his job.

Mark told PCA head Judge Ian Borrin that Campbell’s employment was about to be terminated for medical reasons. His knee was injured when he went to the aid of Asian tourists who were being attacked.

Campbell still works for the police.

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Police looking to charge 4WD driver with obstruction.

Police van crashes in chase
20 November 2006
By REON SUDDABY

An eyewitness to a crash between a police dog handler’s van and a 4WD says the police vehicle was travelling at least 80km/h at the time.

The two vehicles collided at the intersection of Norton Rd and Kent St, in the Hamilton suburb of Frankton, about 10.20pm on Saturday.

Hamilton police area commander Inspector Rob Lindsay said the crash happened while the police vehicle was responding to a call from a community patrol who had been attacked by a burglar they disturbed.

Mr Lindsay said the police officer was trying to catch up to another vehicle thought to be driven by the burglar.

Eyewitnesses said the dog handler’s van had its lights flashing but was not sounding its siren.

Aaron Walsh, who lives near the crash site, said it appeared the police van had come out of Kent St as the 4WD was heading west on Norton Rd.

Mr Walsh said another eyewitness told him the police van was travelling at least 80km/h.

He said there were often crashes or near-misses at the intersection.

“I’ve seen a few young fellas have to back themselves out of that garden.”

Mr Walsh said the occupants of the 4WD were lucky to be alive.

“If they hadn’t been driving the vehicle they were driving, there would’ve been a fatality,” he said.

Mr Walsh’s neighbour, Matt Tooley, said the crash flipped the 4WD on to its roof.

“I heard this screech, then a huge crash.

“on the front of the police vehicle there was some frontal head-on damage, and the 4WD looked as though it could’ve been hit straight, directly into the side of it,” he said.

Mr Tooley said a man and a woman got out of the 4WD. The woman appeared unhurt, but the man was holding his stomach.

Both people in the 4WD were taken to hospital for observation, while the police officer was believed to be unhurt.

The Police Complaints Authority has been notified and police have launched their own inquiry into the crash.

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Police recruit being investigated

Thursday November 16, 2006
By Elizabeth Binning

A police recruit is under investigation after allegations that he tried to commit a burglary while attending the police college.

The Herald understands the recruit was stood down when the attempted-burglary allegations came to light, part-way through his 19-week course. The rest of his colleagues graduated without him early last month.

Police spokesman Jon Neilson confirmed the recruit was the subject of a criminal investigation that stemmed from a domestic issue. “As the nature of these allegations is subject to investigation we are unable to comment further.”

National police training manager Alistair Beckett said there were still three or four matters that needed to be looked into before the investigation would be complete. If the allegations were not proved, the recruit would probably be allowed to return to the Porirua college. Alternatively he could face charges if there was evidence of an attempted burglary.

“There’s a lot of water to flow under the bridge and it’s just too early to speculate which way it will go.”

The recruit is not the first to be the subject of a criminal investigation at the college. Last year a recruit was arrested after his fingerprints – taken during a training exercise and entered into the national crime database – matched an unsolved serious assault.

In June this year a recruit allegedly assaulted another recruit with a bottle in the college bar. The man tendered his resignation from police college and is facing charges.

Mr Beckett said he wanted the public to know they could have confidence in the college and the way matters were handled.

Meanwhile, 46 constables will graduate from the college today. Among them is a man who won a bravery award for trying to save the life of a young woman who was set alight at a petrol station.

Constable Kali Fungavaka, who decided to join the police after seeing how the officers handled the situation, will be posted to Otahuhu where the incident happened.

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Policeman arrested for hitting wife

Sunday November 5, 2006

By Stephen Cook

A long-serving Auckland police officer has been stood down after being arrested on charges of beating his wife.

The officer, with interim name suppression, was arrested on October 26 and charged with assault and injuring with intent to injure, following an altercation with his wife at their Auckland home. The charges carry a maximum seven-year prison term.

Police have also launched a professional standards inquiry into the incident and the officer’s alleged conduct.

The officer’s arrest is another blow for police trying to repair a tarnished public image.

Nearly two dozen police officers are facing serious criminal charges from rape and indecent assault to wounding with intent – and most are on full pay. Some charges carry prison sentences of up to 20 years.

Included among the cases are new charges against suspended Assistant Police Commissioner Clint Rickards relating to alleged sexual offending in the 1980s. Rickards and former officers Brad Shipton and Bob Schollum were acquitted in March of raping Louise Nicholas but were charged shortly after with raping a second woman.

Rickards has remained on full pay since inquiries into the matters began two years ago.

Seven serving officers are currently on serious internal police charges for offences including disgraceful conduct, inappropriate use of a computer, falsifying a document and using unnecessary force.

The Office of the Commissioner is playing down the charges, saying they should be taken in the context of a 10,000-strong police force.

Auckland QC and Howard League for Penal Reform spokesman Peter Williams said the charges against the Auckland officer were likely to further dent public confidence in the police.

However, he said, it was a fact of life that police officers were people like everyone else and suffered the same pressures and human frailties.

“But if police officers don’t follow the rules, there’s less chance other members of society – especially our young – will keep to the rules either.”

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Ex-detective charged over police probe

John Dewar

06.05.05

By NICOLA BOYES

A former detective who investigated complaints against police made by Rotorua woman Louise Nicholas has appeared in court charged with attempting to pervert the course of justice by suppressing her allegations.

John Dewar, now the human resources manager for St John, had to be directed towards the dock by his lawyer Giles Brant when his name was called in the Hamilton District Court yesterday.

The 53-year-old stood impassively before Judge Anne McAloon as he was remanded on bail to reappear in court on June 2.

He did not plead to four charges of attempting to obstruct, pervert or defeat the course of justice between 1993 and 1995.

Dewar was chief inspector of the Rotorua CIB when Mrs Nicholas went to police in 1993 making allegations against now former police officers Robert Schollum, Bradley Shipton and now Assistant Police Commissioner Clint Rickards.

The charges allege that Dewar suppressed her allegations.

The Police Complaints Authority has twice investigated Dewar’s handling of Mrs Nicholas’ allegations. One report congratulated him on a job well done and the other said he showed a gross lack of judgment and competence.

The Crown, represented by prosecutor Brent Stanaway, alleges Dewar attempted to pervert the course of justice during the trial of a man, who has permanent name suppression, by giving inadmissible hearsay evidence on December 7, 1993, and again on June 8, 1994.

It also alleges that between May 10 and July 12, 1995, Dewar manipulated Mrs Nicholas during a police review initiated following judicial criticism of his evidence given at the trial of the man.

Finally, the Crown alleges that between January 13, 1993, and July 13, 1994, Dewar suppressed allegations Mrs Nicholas made against Messrs Shipton, Schollum and Rickards.

The men are currently facing charges in relation to Mrs Nicholas’ historic complaints.

In a statement issued through his lawyer yesterday Dewar denied all the allegations and said he welcomed the opportunity to clear his name.

Dewar had taken leave from his job at St John last year when a police investigation into historic complaints by Mrs Nicholas was launched but he returned to work in November.

Yesterday St John Midland region chief executive Eddie Jackson said he was taking advice on Dewar’s position.

Dewar’s bail conditions include surrendering his passport and living at his home near Hamilton.

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Dewar committed to stand trial

12/04/2006 14:04:03

A former head of the Rotorua CIB has been committed to stand trial at the Hamilton District Court.

John Dewar’s depositions hearing has concluded today.

The hearing began in December last year, before being adjourned to the beginning of this week.

A blanket suppression order prevents reporting the nature of the case or the charges against the former Detective Inspector.

Dewar has been remanded on bail to appear in court on May 25.

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Policeman stood down for two years

10.05.06
By Nicola Boyes

A Counties Manukau Police constable who allegedly assaulted a man has been stood down on full pay for nearly two years while police pursue charges against his alleged victim for resisting arrest and disorderly behaviour.

The police officer cannot be named because of suppression orders. He faces assault charges over the incident in which the man, Ken MacAskill, suffered three broken ribs.

MacAskill arrived at the Manukau District Court yesterday hoping for resolution to at least part of his case which has dragged on in the courts for nearly two years.

He called police to his home on July 19, 2004, to sort out a domestic dispute where, he said, he felt as though he was in danger.

MacAskill said the officer thought it was his wife who had called police but when he found out it was him he taunted him, saying he was big enough to look after himself.

“I gave him a verbal serve, he gave me a bit of a verbal serve, it got to the stage where I said if you want to have a go at me I’ll have a go at you.”

MacAskill said he and the officer then went outside.

“I said I’m not fighting you, I have respect for the uniform, I just don’t have respect for some of the people that wear it.”

MacAskill says that while outside he had a word with neighbours who were poking their heads over his fence, telling them to mind their own business.

More police officers turned up and he says he was told there was a warrant for his arrest issued in the 1970s for child maintenance.

He then alleges he was arrested, pushed to the ground and kicked in the head.

The police are pursuing charges of resisting arrest and disorderly behaviour against him.

The police officer is facing one charge of assault.

A defended hearing for MacAskill was set down to take priority in the Manukau District Court yesterday but another case was heard instead.

Judge Russell Callender adjourned the hearing until next week for a new date to be set.

“It’s been going on forever,” said MacAskill.

Meanwhile it is understood lawyers representing the police officer are applying for a date to test MacAskill’s evidence.

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Sunday Star Times
February 6 2005

‘I have nothing to hide,’ says accused cop
by Tony Wall

A Bay of Plenty police officer accused of sexually violating a colleague’s girlfriend believes he is a victim of police efforts to be “whiter than white” in the aftermath of the Louise Nicholas rape allegations.

Constable Glenn Wilson, 37, is accused of sexually violating a woman – the girlfriend of a close friend – at a New Year’s Eve party in Tauranga.

He denies the allegation and says it was consensual. The case is the latest sex scandal to rock Bay of Plenty police, after Rotorua woman Nicholas’ allegation that she was pack-raped in 1986 by Assistant Police Commissioner Clint Rickards and former policemen Brad Shipton and Bob Schollum.

Police are testing evidence with Crown solicitors and will decide soon whether to lay charges against the trio.

Bay of Plenty District Police Commander Superintendent Gary Smith confirmed another officer had been stood down while a complaint of sexual violation was investigated.

The inquiry was being headed by Detective Inspector Garth Bryan and the officer was suspended on full pay.

It is understood the situation has caused division among Bay of Plenty officers.

The Sunday Star-Times visited Wilson at his Papamoa Beach home last week. He wanted to speak to clear his name and because “I have nothing to hide”.

Wilson said in any other circumstances the case would have been dropped by now.

“Exactly the same situation with a normal member of the public, it would have gone away in the first day. The Louise Nicholas type thing hasn’t helped this go where it should have gone right from the word go.”

The Star-Times has learned that Wilson and the alleged victim were at a barbecue on New Year’s Eve, and the woman’s police officer boyfriend was working. The boyfriend had arranged to meet the woman at the party but she was gone when he arrived.

When he found her, she alleged she had been sexually violated and made a formal complaint that day.

Wilson, who has been a police officer for eight years, was interviewed over three-and-a-half hours and gave a “full and frank” statement. He was stood down on January 5.

Wilson said the case “snowballed” because the woman, with whom he had formed a close bond, was too scared to tell her boyfriend the incident was consensual.

“There are major issues around the boyfriend. He’s driving it. I overstepped some moral boundaries. I could do with a rocket from him but where it’s going is bizarre in the extreme.”

Wilson said he was not angry with the woman. “She’s a nice girl, I feel sorry for her. She’s gone too far to back out of it and I don’t think the police will allow her to.

“Police are trying to be whiter than white. Instead of doing a normal inquiry and doing an investigation first, they’ve gone down the track of we’re gonna charge him and we’re going to build a case around it.

“They’ve got a mindset that they’re scared it’s going to come and bite them on the arse later on. There’s no way they are going to leave a stone unturned in case five years down the track someone says there was a complaint and nothing was done.”

Wilson said he felt sorry for the police officers accused by Nicholas.

“I definitely feel for them and they are victims of a public perception that some people, and the media, like to see the police go down.”

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Police officers stood down

02.11.2006
By KELLY MAKIHA
Four police officers have been stood down and an internal police investigation is under way after a man claimed he was assaulted in Whakatane police cells.

The man had been arrested for an alleged driving offence and taken to the police station on Labour Day afternoon.

The Whakatane man in his 20s has made a complaint to the Police Complaints Authority that an alleged assault took place in the charge room of the Whakatane police cells.

The Daily Post understands the man has claimed police used pepper spray on him.

Whakatane police area commander Inspector Pat Tasker described the man’s injuries as “minimal”.

The man had been granted police bail later that afternoon.

“We are disappointed but we are taking the matter seriously and as such we are investigating it,” Mr Tasker said.

A team of four investigators outside of the Whakatane police are carrying out the inquiry.

The four officers have been stood down on full pay until the matter is resolved. The Daily Post understands two of the officers are sergeants.

Police would not confirm the age or ranks of the officers.

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Police officer to face trial for assault

22 June 2005

A Marlborough police officer will go to trial in August to face a charge of assaulting a child.

The officer, whose name has been suppressed, pleaded not guilty to the charge after a depositions hearing held on Monday and Tuesday.

Justices of the Peace Gregory Weake and Errol Hadfield heard that the officer had hit the child in the stomach with a closed fist and pulled on the child’s arm.

The assault allegedly took place between December 16 and 23 last year.

The officer has been stood down from duties since first being charged early last month.

The child told the court on Monday that the off-duty officer had become angry with him.

The child was allegedly hit in the solar plexus, grabbed by the arm and pushed to the ground.

Defence lawyer Gary Sawyer asked how the child knew what the solar plexus was, with the reply that it had been taught in a karate class.

Crown lawyer Glen Marshall also questioned the child’s mother and she said she did not see the officer hit the child, but did see him grab him by the arm and throw him to the ground.

The mother said she did not hear the argument due to a chainsaw being used nearby.

After considering the evidence, the JPs decided there was a case to answer.

The police officer has been remanded on bail and will appear in the Blenheim District Court on August 23 for trial.

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06 July 2005

Controversial Christchurch gun dealer David Tipple is suing the police over a senior officer’s allegedly defamatory remarks.

Tipple’s claim for defamation damages will be heard by a jury in a hearing due to start in the High Court in Christchurch on July 18.

The case relates to remarks made by Inspector Grant Buchanan in 1999 when Tipple’s dealer’s licence was revoked.

The revocation was overturned by the court, which ordered police to pay $25,000 towards Tipple’s legal costs.

The comments by Buchanan, who has since left the police, about Tipple’s fitness to hold a dealer’s licence were widely reported by the media.

Tipple claims he has long been the victim of a police “vendetta”.

“The truth must come out and those responsible must be held accountable.”

The Canterbury police district commander, Superintendent Sandra Manderson, could not be reached for comment last night.

In a court case involving Tipple’s son in May, police denied they were out to get the Tipple family.

Tipple returned to Christchurch in October last year after spending almost two years in United States jails over firearms charges.

He served 12 months in a New Mexico jail for breaching US Customs regulations by not notifying an airline in writing that he had firearms in his luggage.

On his return, Tipple told The Press he felt enriched by the experience.

“I met some really special people who gave me some excellent advice and helped me make it a time of real worth,” he said.

“I was greatly enriched by the companionship and wisdom shared with the guys.”

Last month, Tipple’s son, Timothy John Tipple, 20, was sentenced to 140 hours community work by a Christchurch District Court judge for careless use of a firearm.

Tipple was 19 when he hosted a group of unlicensed Australian shooters on a Marshland shooting range.

A four-wheel-drive vehicle was struck by a bullet from a . 223-calibre rifle in Marshland Road, narrowly missing the driver.

During the trial, Timothy Tipple’s lawyer, Graeme Riach, suggested the police were out to get the Tipple family, and the way they investigated the charge of careless use of a firearm was coloured by his client, Tipple, being the son of David Tipple.

The officer in charge of the case, Detective Terrence Falloon, rejected the claim.

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Gisborne Herald Bulletin Thursday,July 28,2005 Police officer suspected of shoplifting. A Gisborne Police officer is being investigated for an alledged theft from a supermarket. Police this morning confirmed an investigation was under way with respect to a theft from PaknSave.
Gisborne area controller Inspector Waata Shepherd said the officer was stood down from work immediately and the file was with District Commander Superintendent Grant Nicholls for the matter to be concluded.

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Police dog victim set to take Bill of Rights case for compensation
11 September 2005
By DONNA CHISHOLM

When a police dog on a leash savaged Kere Tatana in his own backyard, officers told him he was “in the wrong place at the wrong time”. Tatana thinks he was simply the wrong colour.

Police have offered him $1500 compensation for the attack, which left him hospitalised with 50 stitches and nerve damage and forced him to give up rugby league. As a result of his enforced inactivity, Tatana, 32, has gained about 50kg yet in his 20s, he toured England in an Auckland representative league squad with Stacey Jones.

Tatana, who works in information technology, has just learned the statute of limitations means he is out of time to sue for exemplary damages for the 1998 mauling, but his lawyer is now investigating a claim under a Bill of Rights Act section outlawing torture or cruel and degrading treatment.

A Police Complaints Authority investigation concluded the dog handler should have called his dog off immediately he established Tatana was unarmed and posed no threat. The constable was censured for neglect of duty.

Tatana said the officer continued questioning while the dog was clamped on to his leg.

Police had been investigating a reported burglary in the area in which the offenders had fled and a car chase ensued.

Tatana, who was returning to his home in Glendowie, was in his own yard when the dog rounded a corner and attacked him.

“I had my hands up the whole time while this thing was chewing on my leg. And all the time they were asking me my name, what I was doing and why I’d been out.”

Tatana, who has never been in trouble with the law apart from a speeding ticket says the incident has shaken his faith in the police.

“I try to be a role model for my nephews, I try to work hard. But what they did was wrong. They said I was in the wrong place at the wrong time I said how could it be the wrong place; it was my own home, but even there I wasn’t safe. I think they came after me because I was a brown guy outside. They decided I was a baddie because of my colour.”

Tatana’s lawyer Rob Harrison said the police offer was derisory, and in recent years, victims of police dog attacks had been awarded as much as $10,000. If the owner had been a civilian, “he would have been would charged and the dog put down”.

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Paedophile takes police to court over outing
26 September 2005

Police go to court today to defend a claim by a convicted paedophile that revealing his identity to neighbours was an abuse of police powers and breached his human rights.

The Wellington man was last released from prison in 2001 after being jailed for indecently assaulting a five-year-old boy and abducting a five-year-old girl.

He says he was beaten up and was forced to move after police outed him in a mail drop to neighbours.

The man’s lawyers have asked the Court of Appeal to continue his name suppression but that court has yet to make its decision.

The lawsuit hearing is set down for four days in Wellington District Court.

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Tetraplegic to sue police over struggle

30.09.05
By Jarrod Booker

A man left a tetraplegic after a late-night struggle with a police officer is planning to sue police.

Craig Wilson, 25, has lost the use of his legs after was arrested in Ashburton last January. He has limited use of his arms and is confined to a wheelchair.

Mid-South Canterbury police carried out a criminal investigation into the actions of the unnamed arresting officer.

Police announced yesterday that they found no evidence of excessive force and the officer would not be prosecuted.

Mr Wilson could not be reached for comment but his lawyer, Jonathan McCarthy, said a civil action against police was a “high probability”.

Any action would be filed in the “near future”.

Mr McCarthy said a lawsuit would not be in response to the police’s decision not to prosecute the arresting officer.

“It was contemplated from an early point,” he said.

The Police Complaints Authority will also investigate the incident.

According to police, Mr Wilson suffered the injuries to his neck and spine after being pulled over in his car by the arresting officer about 1am on January 8.

It was the second time he had been stopped by police that night over his driving.

It is alleged that while being spoken to by the officer, Mr Wilson walked into him. The officer tried to arrest Mr Wilson for assault and a short chase followed.

Mr Wilson was pepper-sprayed and was being led back to the police car when he allegedly kicked the officer.

Another struggle between the pair followed, in which both men fell and Mr Wilson suffered his injuries.

He has since spent most of his time at the Burwood Spinal Unit in Christchurch. But the Herald understands he has been living with support from family at home in Ashburton for about the past three months.

Burwood clinical director Rick Acland said Mr Wilson would have to rely on carers for some aspects of his life, but could live independently.

He had had no “recovery of function” since the accident.

“Sadly, he would be highly unlikely to get any further recovery,” said Dr Acland.

Police said yesterday that a full investigation had concluded the constable involved was justified in arresting Mr Wilson.

Said area commander Inspector Dave Gaskin: “The injuries to Mr Wilson occurred when he fell to the ground while struggling with the constable who was attempting to affect the arrest.”

Resisting arrest, their usual excuse for dishing out beatings.

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Four police sued over ‘kicking’

08.11.05
By Nicola Boyes

A man is suing four South Auckland police officers after losing his left testicle which he says swelled to the size of a rugby ball following an alleged brutal arrest.

Paul Pure is suing constables Rupert Friend, Aaron George, Michael Carter, Stephen Bass and the Attorney-General, alleging the officers used excessive force when they arrested him at his estranged wife’s Manurewa home on August 12, 2000.

Mr Pure told Judge Josephine Bouchier in the Auckland District Court yesterday that the constables pepper-sprayed him, beat him about the head and shoulders with a torch, tied his hands and feet before dragging him out of his wife Grace’s house and dumping him on the concrete where he was kicked in the testicles by a plain-clothes police officer.

Mr Pure’s lawyer Nicolette Levy said Mr Pure and his wife had been drinking vodka at his home before Mrs Pure left to go to her house.

When she did not return he went to her home where he was aggressive, abusing her children and she went to neighbours to call police.

“I rang the police because I was scared for my children but the way they [police] did it was just not the way police should do it, it was just brutal,” Mrs Pure told defence counsel Ross Burns.

Mrs Pure told the court that when her husband was outside she saw a plain-clothes officer walk to where her husband was lying and say, “This is how you do it,” before kicking him.

Mr Pure was taken to the Papakura police station, where he says he was slipping in and out of consciousness and was woken up on the floor of a cell being hosed down by the officers who were laughing at him.

He said he asked to go to the toilet and saw his left testicle had swollen to the size of a rugby ball and started screaming for a doctor.

Dr Dexter Loos saw Mr Pure at 5.30am on August 13 and prescribed antibiotics and paracetamol. He said the testicle had swollen to twice its normal size, an injury consistent with trauma.

Mr Pure says police never got him antibiotics or gave him pain relief. He demanded to see the doctor again, who came at 1.30pm and Mr Pure was taken to Auckland Hospital at 6pm.

In written evidence Russell McIlroy said Mr Pure’s testicle was removed on September 28, 2000. A clot in it was the result of previous trauma consistent with some sort of force or blow.

The case is expected to run until tomorrow, with witnesses being called for the four defendants, including former South Auckland Senior Sergeant Anthony Solomona, who in March was found guilty of assaulting a teenager at a Manurewa service station. Mr Solomona was working in the watchhouse when Mr Pure was brought into the station.

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Police in court over brutality

Nov 8, 2005

Police in South Auckland are again on trial accused of brutality and facing various assault charges.

A woman who has given evidence in the trial of the officers says she was beaten up by police after her niece was spotted with a toy gun.

The woman, who has permanent identity suppression, also told the court how a seven-year-old relative had a gun held to his chest.

The three officers facing assault charges are Detective Constable Craig Bowie, Sergeant Earle Tierney and Constable Sherrie Pycroft.

The officers allegedly assaulted the Otara woman, her teenage nephew and a man who came to help.

The court heard how the incident occurred after she and two younger family members were spotted at a mall in 2003. The woman’s 19-year-old niece was playing with a small toy gun when a member of the public called the police.

Crown Prosecutor Steve Bonnar told the court when the officers arrived at the house of the complainant one of them allegedly held a gun up to the chest of a seven-year-old boy before the occupants of the house were told to get out or be shot.

Later the woman was allegedly pepper sprayed, punched, kicked and hit on the head with a rifle butt.

The crown says a 13-year-old boy was also punched and an onlooker pepper sprayed.

“These three police officers took the law into their own hands…there’s no justification or legitimate excuse for what they did to these people…they are not above the law.”

Defence Lawyer Peter Kaye told the jury it is their job to decide if the alleged assaults actually happened or if some of the actions were in fact justified.

“Was the force used necessary to overcome the resistance or could it have been done reasonably in a less violent manner?”

The trial has set down for three and a half weeks.

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26 officers faced criminal charges 26/12/2005 7:02:43 AM

26 December 2005

By SEAN SCANLON

Twenty-six police officers appeared in court in the past year for crimes that included selling methamphetamine, indecent assault and fraud.

Papers released to The Press under the Official Information Act show 10 officers were convicted, two were acquitted and one discharged, and 13 cases were continuing.

It is not known what sentences the convicted officers received in the past year.

Police say New Zealand’s force is one of the least corrupt in the world andthe rate of offending low, amounting to 0.5 per cent of all officers.

A Christchurch officer is still before the courts for an alleged assault in July last year. He is alleged to have knocked out a false tooth and dental plate when he arrested a man.

Another officer was the subject of an internal investigation for applying a sleeper hold to a female colleague.

Police human resources general manager Wayne Annan said the charges against officers in the past year included several assaults, an indecent assault, fraudulently obtaining $500 and selling P, pure methamphetamine.

A Manukau constable had allegedly given away the methamphetamine seized in a drugs bust.

Annan said the police took misdemeanours by staff seriously.

“The employment relationship between the Commissioner of Police and police officers is different from, and more complex than, the employment relationship between general members of the public and their employers,” he said.

“There is a complex process which must be followed where a police officer is charged with a disciplinary offence.”

Annan said many of the officers charged with an offence resigned before they were subject to an internal tribunal hearing.

As well as the criminal hearings, 41 police officers had been stood down or suspended pending misconduct investigations since January 2003.

Annan said that in the past year, one officer had been sacked for “disgraceful conduct and neglect of duty”.

By international comparisons, the New Zealand police were one of the cleanest forces in the world.

“Based on what we know, it’s not too bad. There is the isolated incident,” Annan said.

Police Association president Greg O’Connor said the fact police misconduct still made the news showed it was not a big problem. “Although it’s a very low rate, any misconduct is still too high.”

O’Connor said police did not hide anything when it came to wrongdoing by their own.

“Whenever a police officer is investigated, it’s a major inquiry, which will be carried out by a senior officer, like a detective inspector, from outside the area.”

O’Connor said that compared with some overseas forces, where officers were on the “graft”, New Zealand had few problems.

He acknowledged any misdeeds by police reflected badly on all officers. This was why people were so determined it should not happen, O’Connor said.

Figures released this year showed up to $3 million in salaries had been paid to police officers stood down on full pay.

Of these officers, 36 had been on full pay for more than two years.

A further 11 were on full pay for more than a year.

Officers are free to do what they like while stood down and are not expected or required to undergo any training or study.

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Police call-taker ‘helped gang boss’

17.03.06
By Louisa Cleave

A police communications worker with access to the national intelligence system has been charged with helping a senior member of the Head Hunters gang to avoid arrest.

The call-taker, a non-sworn member of police, had been under surveillance at the Northern Communications Centre since the end of February until her arrest on Tuesday.

She is jointly charged with another woman with helping David Dunn avoid arrest, knowing that he had committed a crime of conspiracy to deal methamphetamine. Dunn has been described as a senior member of the Head Hunters.

The communications centre employee, who has interim name suppression, was also charged with possession of a pipe for the purpose of consuming meth-amphetamine.

She appeared in the Auckland District Court this week and was granted bail.

The woman was identified during a police surveillance operation. It is understood she is friends with Dunn and knew he was wanted.

Police appealed for public help to locate Dunn this month. His photograph was published in the Herald “Crimescene” column on March 1.

A warrant to arrest Dunn was issued when the police surveillance operation terminated at the end of February. The woman was then put under surveillance in her job.

Dunn was caught in Taihape on Tuesday.

The woman started work at the communications centre last April and is currently on special leave, said police.

As a call-taker, the woman had access to police data held in the National Intelligence Application.

The system holds information on a person’s criminal convictions and whether they are wanted by police. The system also provides police with facts on a person’s associates and addresses where they are known to be.

“She has obviously been working up there [at the police communications centre] and that’s no good as far as we’re concerned,” said one officer.

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Young policeman told to lie, claims lawyer.

13.10.05

By Elizabeth Binning

Counties Manukau police are investigating allegations that a young officer was asked to lie about evidence he had gathered from a witness to a serious crime.

Lawyer Rob Moodie said the incident happened several weeks ago while the officer was working on a murder case, under the direction of a South Auckland detective sergeant.

Mr Moodie advised the officer, who is believed to have been in the police force for less than five years, to report the incident to his superiors.

However, after doing so Mr Moodie said the officer was branded a liar by a senior sergeant.

Mr Moodie has expressed concern about police investigating police and has called for an independent body to be set up to investigate such cases.

Counties Manukau police spokeswoman Angeline Barlow said police were investigating the officer’s allegations but the case related to an aggravated robbery, not a murder.

She could not comment on how long the investigation would take.

Counties Manukau District Commander Steve Shortland said last night that the young officer was under investigation on a separate matter.

Judge Ian Borrin, from the Police Complaints Authority, said he had heard from Mr Moodie but could not comment any further at this stage.

The young officer’s allegations follow the release this week of the findings of a six-month-long inquiry into police culture in the Counties Manukau District.

A judge sentencing a senior Counties Manukau police officer on an assault charge suggested there was a sick culture in the district.

The inquiry head, retired High Court Judge Sir David Tompkins, found no such culture existed but his report did uncover several cases of excessive force during arrests not being reported. Those cases have been, or are being, investigated.

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The Police Complaints Authority says it needs more staff if it is to deal with cases more quickly.

The PCA has a backlog of 2,000 cases, 39 have been open for more than four years and over 600 have been open for more than 18 months.

PCA head judge Ian Borrin says some matters are on hold as they are subject to court processes. But he admits the PCA does not have enough staff to review police investigations of complaints as quickly it would like.

The Police Association says most officers are exonerated and are being put under undue strain while waiting for complaints to be dealt with.

Borrin says the government is considering the PCA’s resource situation.

Justice Minister Mark Burton says he is reviewing the resources available to the PCA.

Burton says he is getting advice on what changes are needed, but it is difficult to assess how many cases are being unreasonably delayed.

Does that mean that about one in four cops have complaints against them?

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1 Policeman faces action over paedophile leaflet

23 Dec 2005 15.55.PM

A Christchurch police officer faces disciplinary action after his wife was involved in a leaflet drop about a convicted paedophile that sparked vigilante action against the man’s sister.

The woman’s suburban North New Brighton house was targeted by vigilantes late last month after it was revealed that her brother, convicted child-rapist Colin Davies, was seeking release from prison on home detention.

She was forced to leave her rented home after rocks were thrown through her window and that of a neighbour’s house, her front lawn was set ablaze and condoms filled with red dye thrown onto the property.

Police began an investigation after they learnt that two women, including a policeman’s wife, initiated a drop of hundreds of leaflets suggesting a dangerous sex offender was about to move into the house in Britannia St, North New Brighton.

Selau Ifopo-Sumner and flatmate Mandu Karatau-Keightley, whose husband is Rangiora policeman Geoffrey Keightley, distributed pamphlets around 12 streets near Britannia St.

The pamphlet warned that “men, women and children” were at risk from Davies and asked: “What would you do to stop him from coming?”

Canterbury police district commander Superintendent Sandra Manderson said today a preliminary report on the incident had been completed and disciplinary action against the constable was being considered.

“Police were conducting inquiries relating to the possible placement of Davies on release,” Ms Manderson said.

“In this instance a constable living in the neighbourhood was approached to gather information on the area.”

Ms Manderson said police accepted that the constable had “inappropriately passed the information on to his wife”.

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Police woman appears in court

Woman charged with helping senior member of gang avoid arrest; name suppression granted; could face seven years in jail

21 March 2006

A police communications officer who has been charged with helping a senior member of the Head Hunters gang avoid arrest has been granted name suppression.

The woman has appeared in court in Auckland, along with another woman linked to gang member David Dunn.

The pair is accused of helping Dunn avoid police while he was wanted on charges of conspiring to deal methamphetamine.

The non-sworn staff member had access to the police national intelligence system.

Her charge of being an accessory after the fact carries a seven year jail term. The case has been adjourned to a pre-depositions hearing next month.

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Accused Police inspector off to teach Afghans how to behave.

25 March 2006
By YVONNE MARTIN

A senior police officer at the centre of sexual harassment allegations is heading to Afghanistan, where New Zealand police are training officers in good conduct.

The team is helping to train and mentor Afghan officers to become an effective police force to restore law and order and protect human rights.

But New Zealand First MP Ron Mark has taken issue with police bosses allowing the inspector to go on a six-month tour of duty while allegations against him are under investigation by the Police Complaints Authority (PCA).

The alleged incident happened at a corporate box at Jade Stadium in 2003.

It is alleged the inspector had been drinking and made lewd and offensive remarks to a young waitress.

He has denied any wrongdoing.

The inspector will give up his senior role in Christchurch when he leaves the country next month.

Mark has written to Police Minister Annette King, querying whether the posting is appropriate.

The case suggested discrepancies in the way police treated constables and senior officers facing disciplinary procedures, he said.

“It seems police have absolutely no hesitation whatsoever in suspending a beat officer when allegations are made against him,” Mark said.

“But when an inspector faces serious allegations, involving sexual harassment claims, not only is he not suspended, he’s permitted to deploy overseas and represent New Zealand.

“Such a decision could prove embarrassing if the PCA upholds the complaint against that officer.”

Canterbury police district commander Superintendent Sandra Manderson seemed to know the initial findings of the investigation and stood by her officer.

“There is no substance to the allegations,” she said.

“The investigation has been completed and is subject to review by the PCA, as is standard practice with all such investigations.

“The police have no qualms about sending the officer on overseas deployment to Afghanistan.”

The PCA became involved after a Christchurch policeman, Senior Sergeant Colin Campbell, reported claims that were circulating in the district.

Mark told a parliamentary committee reviewing the PCA’s finances last month that the inspector was allegedly forcibly removed from the venue by police officers at the time.

The PCA is reviewing the police bosses’ handling of the harassment allegations.

It is also looking into claims raised by Mark at the same committee meeting that Campbell is being drummed out of his job.

Mark told PCA head Judge Ian Borrin that the officer’s employment was about to be terminated for medical reasons.

Campbell’s knee was injured when he went to the aid of Asian tourists who were being attacked.

The PCA investigation has been running since October and is expected to take weeks to finish.

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Marlborough policemen in court
19 April 2006

A Marlborough policeman appeared in the Blenheim District Court today on a charge of assaulting a female.

A second policeman also appeared in the Blenheim court last week after also being charged with assault, although the two cases are not connected.

The officer appearing today, who has name suppression, made his second appearance this morning on one charge of assaulting a woman, an assault which allegedly occurred while he was off duty.

He was remanded to see if restorative justice is appropriate and will appear again on June 12.

The second officer facing an assault charge made a brief appearance in court on Thursday and will next appear in court on May 1.

The officer, who also has name suppression, was charged with assault after an incident in Kaikoura last month that also happened while he was off duty.

Tasman district commander Superintendent Grant O’Fee said both officers had been stood down from duty until the cases were resolved.

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Ex-police officer faces sex charges

29 April 2006

By YVONNE MARTIN

A former Christchurch policeman who quit the force last month is facing charges of indecently assaulting a woman.

Andrew Rae has been charged with two counts of indecent assault and three of assaulting a woman he knew.

He denied the charges when he appeared in the Christchurch District Court this month and was remanded for a status hearing in June.

The charges relate to alleged events between June and September last year.

Rae resigned from the police in mid-March, several weeks before the charges were laid against him. He did not seek name suppression.

The officer in charge of the case, Detective Senior Sergeant Grant Wormald, did not want to comment while the matter was before the court.

Last year Rae was investigated – and cleared – over whether he used excessive force after his arrest of a young male driver in Ashburton went horribly wrong.

Craig Wilson, 26, suffered a serious spinal injury after resisting arrest when pulled over for squealing his car tyres, the second time he had been stopped that night.

Wilson allegedly bumped his chest into Rae and was promptly arrested for assault. Wilson allegedly resisted arrest, ran off and was pursued.

Police said at the time that Wilson was pepper-sprayed and handcuffed, but Wilson kept resisting. At the end of another tussle he fell to the ground and sustained the injury.

Rae’s lawyer, Jonathan Eaton, said the investigation into the Ashburton incident was “very thorough and stressful”.

“It resulted in him (Rae) being completely exonerated for his actions and there has certainly been no suggestion made that there is any connection whatsoever between that and the current charges he is facing, which arise out of a more domestic setting,” said Eaton.

Rae had co-operated with the latest police inquiry, denied any criminal offending and entered not guilty pleas, Eaton said.

Rae’s resignation was unrelated to the current charges.

“He certainly did not resign because he had been told he was going to face criminal charges. He did not find out about that until after he had resigned.”

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Officer stood down over sex, violence claims

04.05.06
By Elizabeth Binning

A senior Auckland police officer is being investigated over assault and sexual violation allegations by two women.

The officer has been stood down.

The Herald understands part of the investigation has been conducted in Auckland.

However the rest of the inquiry is being handled by a high-ranking officer who has been brought up from the South Island.

Allegations have been made by two women.

One of them says she was assaulted by the officer in early 2000.

She was allegedly punched in the face and left with bruising and a black eye.

Allegations relating to the second woman are understood to be of a serious sexual nature. The sexual offending is understood to have happened at a different time and place from the assault.

Both women knew the officer at the time of the alleged incidents, but it is not known if they knew each other.

Auckland City police spokeswoman Noreen Hegarty confirmed that a senior, unnamed, officer was stood down from his job on March 16.

“An officer … was stood down from duties pending the outcome of an investigation into allegations of criminal offending,” she said. “That investigation is ongoing

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Young driver to take on police
04 May 2006
By EMMA DAWE

An Alexandra man has laid a complaint with the Police Complaints Authority to clear the name of an 18-year-old man found guilty of causing a car crash involving a police officer.

Steve Potter is angry Shane Te Ihorangi Cribb was found guilty of the crash, which involved Senior Constable Neil Ford on Earnscleugh Rd on July 14 last year.

Mr Potter, who is the father of Cribb’s girlfriend, said much of the defence’s expert evidence did not agree with the prosecution’s expert evidence.

“The firemen who were at the scene, the transport operators, people who passed the site, have come up to me wanting to know why Shane’s been charged.

“How come the police view is so different to everyone else’s?”

Cribb, from Alexandra, was sentenced on March 31 in the Dunedin District Court, and was fined $600 and disqualified from driving for six months.

Police stated Cribb, who was travelling north, tried to pass Mr Ford after he had slowed down and indicated a right turn into a driveway from the middle of his left-hand lane.

Cribb, who was following behind, did not see Mr Ford’s Holden Rodeo wagon until the last minute, when he braked heavily and veered on to the right-hand side of the road before colliding with Mr Ford’s vehicle.

As a result of the accident, Mr Ford suffered liver damage and shoulder injuries, and was off work for 12 days.

Cribb’s safety belt snapped in the crash and he suffered broken bones in his face, cuts to his face, a dislocated shoulder and collar bone and 18 stitches in his legs and knees.

Cribb’s defence counsel Jim Large, speaking at a defended hearing in Alexandra on March 16, said Mr Ford was at fault, as he had pulled over to the left-hand side of the road in an attempt to make a right-hand U-turn, and he had not checked to make sure the road was clear.

Mr Potter had already complained to the Police Complaints Authority, but it could not act on the complaint until all court action had ended.

He is now laying another complaint with the authority, and is also considering starting a petition to take to local MP Jacqui Dean.

He believed the Alexandra police did not investigate the accident properly.

However, Acting Area Commander Mike Cook said that from his perspective the police had done nothing wrong.

“We’ve done what we were supposed to do, which is to put the evidence before the court.

“The evidence was put before the court and the judge made his decision.”

Mr Cook said Mr Ford worked for the Christchurch police, not the Alexandra police, but had an office in Alexandra.

The decision to charge Cribb was made at the Southern District headquarters, not in Alexandra, Mr Cook said.

“I felt that because he (Mr Ford) works out of our building, it wouldn’t be kosher or proper for us to make the decision to lay charges,” he said.

Mr Cook “welcomed” Mr Potter laying a complaint with the Police Complaints Authority.

“I’m more than happy for him to do that.”

Mr Potter said while people may be wondering why he won’t drop the matter, he said it was the principle.

At one point, Cribb told him he just wanted to plead guilty and get it over and done with.

“But I said, ‘jeez, Shane, you’re not guilty’.”

Cribb felt sick to the stomach about the incident, but now wanted to fight to clear his name, Mr Potter said.

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Rape accused recruit seeks to keep name secret

WEDNESDAY, 03 MAY 2006

A Christchurch police recruit facing trial for strangling a prostitute unconscious and raping her has appealed a District Court judge’s ruling against suppressing his name.

The appeal was lodged in the District Court at Christchurch after Judge Michael Green yesterday sent the man for trial on charges of sexual violation and assault with intent to cause grievous bodily harm.

Judge Green said he saw no reason to continue to keep the recruit’s details secret from the public.

After a 3½ hour depositions hearing, the judge said that in his view there was a “strong likelihood” the man would be convicted.

However, after the man’s solicitor, James Rapley, indicated he would appeal his decision in the High Court.

A District Court spokeswoman confirmed today that Mr Rapley had filed the appeal yesterday afternoon.

The 32-year-old recruit’s name cannot now be published until the appeal against the judge’s decision is heard in the High Court at Christchurch.

High Court manager Peter Fantham said today a date had yet to be set for the appeal.

The recruit was allegedly linked to the March 2003 crime after his fingerprints were taken during a training exercise at the New Zealand Police College in Porirua, north of Wellington, last year.

Fingerprints allegedly matching the accused had been left at the prostitute’s flat after her attacker had helped her in through a window when she found she’d been locked out. They had been logged on a national database as from the scene of an unsolved crime.

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29 PASSING PARADE

Posted in Bent Cops by Jack on 10/06/2005

Police prosecutor sentenced for assault

Nov 04, 2008

Whakatane police prosecutor Adrian Hilterman was sentenced in Tauranga District Court today to 150 hours community work for assaulting his wife.

He was convicted and discharged on three charges of assaulting his children.

In the same court last month, he was found guilty of assaulting Deborah Hilterman, 37, by kicking her around the groin area between June 1 and June 29 last year at Whakatane.

He was also found guilty of assaulting her in a car travelling from Auckland to Whakatane on June 30, 2007.

He was discharged on 10 other charges of assaulting his wife, a Whakatane general practitioner.

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Officer faces jail for driving offence

Oct 23, 2008

broke back cop

A Palmerston North police constable has been found guilty of dangerous driving causing injury, following a prison van incident that left a man badly injured.

Evidence was given that constable Timothy Hesketh slammed on the brakes of a police van so hard that handcuffed prisoner Mark Ewards broke his neck when he was thrown to the floor, and left paralyzed.

The constable was acquitted of a more serious charge of causing grevious bodily harm.

He now faces a possible $20,000 fine or up to five years in prison.

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Cop confesses to beating kids

Oct 18, 2008

A police officer convicted of assaulting his wife also hit his three children.

Adrian Hilterman, a prosecuting sergeant with 27 years in the force, pleaded guilty at the end of his trial for assaulting his doctor wife, Deborah, to charges of beating each of his children with a wooden spoon.

Hilterman, 50, was found guilty of two charges of assaulting Dr Hilterman, and acquitted of 10 others when the trial ended two weeks ago.

The jury had not known about the three assault charges he faced in relation to his children, and a suppression order prevented publication of them until now.

The children were aged 5, 6 and 7 when Hilterman hit them on July 31 last year, the day before he ended his decade-long marriage.

Dr Hilterman had wanted the public to know about the assaults on the youngsters, and last night welcomed the removal of the suppression order.

“The violence wasn’t just towards me,” she said. “But it was towards the children. This is not a one-off incident. It is all part and parcel of family violence.”

Dr Hilterman also vigorously opposed a suppression order that prevented the public knowing her estranged husband’s occupation during the trial, saying he appeared to be getting special treatment because he was a police officer.

Judge Robert Spear, who presided over the trial, clarified a few days after the verdict that media organisations were entitled to publish Hilterman’s occupation. Now, the judge has also agreed to allow publication of his reasons for imposing the order, which unusually suppressed Hilterman’s occupation but not his name.

In his August 21 decision, Judge Spear said he was concerned public interest in the case would be significantly increased if the media were able to report the fact Hilterman was a serving police officer in Whakatane.

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Wife basher revealed as veteran policeman

Oct 09, 2008

Hitler

Deborah Hilterman and Adrian Hilterman.

It can now be revealed that a prominent Whakatane man found guilty of assaulting his wife is a police officer.

Adrian Hilterman, a prosecuting sergeant with 27 years’ experience in the force, was found guilty of two counts of assaulting his doctor wife, Deborah, on Friday.

A suppression order preventing the publication of his occupation remained in place throughout the trial, but the trial judge yesterday said the order no longer applied.

Dr Hilterman objected to the suppression order that prevented the public knowing her estranged husband’s occupation, and was unaware it had been lifted until contacted by the Herald.

“That’s very welcome news,” she said. “I’ve sought transparency from the start.”

Hilterman originally had name suppression but that was lifted in August, while the suppression of his occupation continued.

Dr Hilterman said the order was unfair and did not make sense because people in Whakatane knew Hilterman was a police officer.

“It makes me extremely suspicious about where the direction has come from, and I’m afraid not only police, but the judicial system have to be answerable about why the judge has deemed it necessary to place those suppression orders when anybody else wouldn’t have got that suppression.”

Hilterman, 50, was convicted of two charges of assaulting Dr Hilterman in June last year, on one occasion kicking her in the lower back, and on the other, giving her a black eye.

He was acquitted of 10 other charges, eight of assault and two of injuring with intent.

It was alleged that he kicked, grabbed and threw Dr Hilterman, including once when she was 37 weeks pregnant with the second of their three children.

Hilterman denied the incidents occurred.

Judge Robert Spear made the order preventing publication of the 50-year-old’s occupation.

Sensible Sentencing Trust spokesman Garth McVicar said the decision was “appalling”.

He said police officers were held in high esteem and if they got into trouble there should be more severe consequences than for ordinary members of the public.

“Obviously having your name and occupation disclosed should be part of that.”

A media law expert said the decision to allow Hilterman occupation but not name suppression for the trial was unusual.

Associate Professor Ursula Cheer of Canterbury University said reasons for granting suppression had to be compelling.

Those reasons included the interests of justice, public morality, protecting victims of sexual offences and national security.

She struggled to see how the Hilterman order fitted into any of those categories, but said if publication of his occupation had been deemed to affect his ability to do his job had he been acquitted, that could have been put forward as a reason.

Hilterman is scheduled to be sentenced on November 3 and has been stood down from the police since he was charged.

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Judge lambasts top cops in damning report

21 September 2008

THE ACTIONS of some of the country’s highest-ranking police have been criticised in a damning Independent Police Conduct Authority report due out later today.

The report – released after a two-year investigation – makes adverse comments about 10 Dunedin police, including four inspectors, a detective senior sergeant and two detective sergeants.

Justice Lowell Goddard is understood to criticise police for their involvement in private investigations of ACC clients – and for how they handled their subsequent inquiries into complaints.

The inquiry was launched after conflict of interest allegations that Peter Gibbons – a former Dunedin CIB head who became a private investigator working for ACC’s fraud unit – used his police constable son-in-law to improperly obtain search warrants and seize property from ACC clients. The clients alleged that when they complained, senior police – including three of Gibbons’ former CIB colleagues – failed to act.

They also alleged that warrants were issued on false and misleading information.

Gibbons’ son-in-law, Andrew Henderson, is one of those named in Goddard’s report and Gibbons himself is facing a hearing this month to determine whether he is fit to hold a private investigator’s licence.

Gibbons runs Dunedin company Mainland Information Consultants and holds ACC fraud unit contracts worth more than $170,000 a year.

A police spokesman said yesterday that police couldn’t comment specifically on the report because it had not yet been publicly released. But police accepted there were aspects of the handling of the cases referred to in the report “which could be improved, particularly with regard to managing perceived conflicts of interest”.

Processes would be reviewed in light of the report.

New legislation was also introduced to parliament last week relating to the way search warrants are obtained and executed.

The report which had been due out on August 7, was held up when some of the officers wanted the chance to comment on the findings. It is now due for release at 5pm today.

The ACC clients who have received copies of the report, Bruce Van Essen, Hazel Sinclair and two others, declined to comment yesterday.

Gibbons, who was a detective senior sergeant in the CIB in the 1990s, supervised three of the police criticised in the Goddard report Detective Senior Sergeant Kallum Croudis, Detective Sergeant Malcolm Inglis and Detective Sergeant Brett Roberts.

A previous internal police inquiry showed Croudis assigned Henderson ACC-related cases knowing about his conflict of interest as Gibbons’ son-in-law. Inglis and Roberts conducted the initial inquiries into Van Essen’s complaints.

Croudis, Inglis and Roberts have been involved in both the original inquiry and reinvestigation of the David Bain mass murder case. Croudis arrested Bain in 1995.

The Star-Times understands the report also makes less serious comments about Detective Inspector Ross Pinkham, one of the South Island’s highest-ranking officers, for his dealings with the complaints by members of a support group for ACC clients and their families.

Pinkham is currently investigating a complaint against Deputy Commissioner Rob Pope by Scott Watson’s father Chris Watson, alleging that Pope swore a misleading affidavit to gain the right to obtain a series of interception warrants to bug Scott Watson’s yacht, home and telephones.

Other officers against whom adverse findings have been made are understood to include:

* Inspector Dave Campbell, area commander for Dunedin and Clutha. In February last year, Campbell supervised the first internal police inquiry into Van Essen’s complaints, that police had allowed ACC staff to search his home unsupervised, had acted on false and misleading information and had stolen two memory sticks. Campbell did not uphold any of Van Essen’s complaints.

* Inspector Lane Todd. Todd, southern district operations manager, who conducted a second inquiry into Van Essen’s complaints last November.

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Victim tells judge drink-drive sentence ‘a joke’

Sep 17, 2008

A district court judge was jeered today after passing a non-custodial sentence on a former policeman over a horror accident in Waikato more than two years ago.

Judge Anne Kiernan in Auckland District Court sentenced Jason Connell Peters to 12 months’ home detention, banned him from driving for two years and ordered him to pay $29,000 reparation.

He had earlier admitted three charges of careless driving causing injury and his third drink driving charge, relating to an accident at Maramarua on the Hauraki Plans on May 12, 2006, which injured several people and left one woman, Michelle Davies, fighting for her life.

Mrs Davies stood in front of Peters as he sat in the dock to read her victim impact statement, but was told by the judge to stand further back in the body of the court.

“What a joke,” Mrs Davies said.

Moments later as the judge left the court following the sentencing, Mrs Davies yelled she was “absolutely appalled” at the home detention.

To members of the Peters family supporting him on the other side of the public gallery, she said: “Shame on you.”

Mrs Davies had struggled to hold her emotions in check as she told the court how the crash had changed her life and her family’s life forever.

She said it happened two weeks after she and her husband Greg had got married and just after they had returned from their honeymoon.

The court heard that the accident happened while Peters was driving from a corporate event where he had been drinking.

His erratic driving forced other cars to take evasive action as he passed on blind corners and overtook other vehicles through an intersection.

He then pulled out in front of oncoming traffic, hitting the Davies’ car virtually head on.

Mrs Davies was trapped for 45 minutes and her husband, Greg, and six-year-old daughter thought she was dead.

As help arrived Peters ran off and was later spotted by a police helicopter hiding behind a tree 900 metres away.

Mrs Davies told the court she had broken bones, and brain and head injuries.

Her family was told she would die.

She recovered slowly and painfully but more than two years later she said she “never felt awake”.

She was once a fit and agile woman who ran her own interior design business but now she had to sleep twice a day and was sluggish, slow and clumsy.

“Every day I struggle to do things that were once easy.”

She said her husband suffered post-traumatic stress syndrome from watching his wife struggle for her life straight after their wedding.

She said she and her family took “very little sense of sincerity” from a letter of apology from Peters.

Greg Davies’ voice also cracked as he told the court of the emotional turmoil the family had endured.

“Our lives will never be the same. Our loss is immeasurable,” he told the court

Mrs Davies’ father Robert Wells said her recovery was painful and slow.

She would open her eyes but see nothing and there were months of unintelligible speech.

“I remember the day she said `Dad, I know I have been talking nonsense, you won’t let me get away with it will you?’ It was real milestone.”

The court heard Peters, a policeman for 10 years, had been convicted of drink driving in 1998 and 2003.

His lawyer Paul Davison QC said Peters’ apology was sincere but, for legal reasons, could not be made earlier.

When he left the scene he was injured and stunned, Mr Davison said.

“No, he was drunk,” interjected a supporter of the Davies family.

Mr Davison said Peters fully accepted responsibility for the accident and profoundly regretted it.

Judge Kiernan ordered Peters to pay $25,000 he had offered in reparation and a further $3764 to two insurance companies.

He was not to leave his home, drink alcohol or take drugs and has do an assessment for alcohol abuse.

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THE GOOD? THE BAD AND THE DOWNRIGHT STOOPID.

Police pair sentenced to jail over cover-up

August 30, 2008

nailed the bastards