"We have maintained a silence closely resembling stupidity" - Neil Roberts

Until we have legislation adopted into law to ensure fiduciary accountability and transparency in public affairs we will continue to have human rights breached because the existing crown immunity and lack of any independent oversight invites corruption to flourish.

"Question authority, and think for yourself" - Timothy Leary

"We have maintained a silence closely resembling stupidity" - Neil Roberts

"Information is the currency of democracy" - Thomas Jefferson

‎"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever does." - Margaret Mead

"The truth is like a lion, you don't have to defend it. Let it loose, it will defend itself."

"I = m c 2 [squared] where "I" am information" - Timothy Leary

"Ring the bells that still can ring, forget your perfect offering, there's a crack in everything, that's how the light gets in." Leonard Cohen

"The internet is a TV that watches you"

Tuesday, October 12, 2010

Lawyer Ken Daniels' Letters to the Area Commander:

Police have corruptly and arrogantly completely ignored these letters from lawyer Ken Daniels, as well as letters from about half a dozen other lawyers, (as well as letters from myself and other people, including two substantial community petitions), and so have the Police Complaints Authority, who are anything but independent! They ignore all these letters because their mates are involved in the blatant criminal activity at the former Carterton Community Centre, and the same people responsible for this are behind the widely unpopular plan to build a Community 'Event Centre'/'Facility', the same people who condoned the illegal takeover of the former Carterton Community Resource Centre by punching the Secretary and Treasurer in the face and changing the locks to conceal the fraud and misfeasance by the committee, mainly associated with the Carterton District Council, a major funder of the Centre. Here are some of Ken Daniels's letters to police, evidencing this blatant corruption!
From: Ken Daniels, Lawyer, Chapel St, Masterton

To: The Area Commander, New Zealand Police, P O Box 443, Masterton
26 August 2004 

Dear Sir
Re: Katherine Raue
There have been numerous items of correspondence written between Kate Raue and yourself and correspondence with the Police Complaints Authority over a number of issues that she has raised in recent times. 

I must confess that I have not given what I believe was sufficient attention to some of the matters that Kate Raue had raised with me in the past mainly I suspect because the matters appeared to be far too complex and involved and I tended not to see any relevance in some of the complaints that she was making. 

On a recent visit to me however and after spending some time looking at documentary evidence that she showed me, I largely changed my view and believe that there genuinely are matters of concern that do need to be investigated. 

I have not got to the bottom of all the matters Kate Raue complains about but there is one instance that does seem to suggest that there has been fraud at the Carterton Community Centre which has diverted funds designed for one purpose deliberately to another. 

I enclose with this letter a copy of the accounts which appear to represent income and expenditure from the Carterton Community Centre for the financial year 01 April 2000 to 31 March 2001 as they related to the Community Gardens. You will notice how in the income received, there was a sum of $9,000 received from the Tindall Foundation. It is assumed that this money was received following an application for a grant from that Charitable Foundation. The monies would have been requested and received for purposes relating to the Community Gardens in Carterton. The sum of $9,000 was received in April of 2000. 

The following month in May there was a payment of $6,000.00 paid from the Community Gardens account for a personal grievance payment. The information that apparently exists although I have not personally seen it is that there were insufficient funds to pay a personal grievance from the Community Gardens and the funding that was obtained from the Tindall Foundation was immediately paid out as at least part payment on that personal grievance. The payment apparently could not be made at an earlier stage and the fundng received from Tindall Foundation was a necessary receipt to enable the payment to be made to settle the personal grievance. 

If the above set of circumstances is accurate then there is no doubt whatsoever that there was a fraudulent use of the monies received from the Tindall Foundation. There had been no budgeted allowance made for personal grievances. This can be seen from the budget column in the expenditure part of the accounts where an amount of only $220 was allowed for the twelve months involved. A payment of $6000 was needed and this was paid directly from the charitable donation. 

I believe that the affairs of the Carterton Community Centre are in disarray. There is currently an application before the High Court to have them wound up because of insufficient numbers. There are numerous other complaints as well about the way in which members of the public including members were excluded from meetings etc. This letter does not purport to address all those issues but I am deeply concerned after having seen the information supplied to me by Kate Raue that monies received for one purpose be used for an incorrect purpose. 

I have been advised that a similar improper payment may have been made in respect of the account that was run for the disadvantaged members of the community. This apparently exists under the copy of the account also enclosed which is headed up VOSP 2000 – 2001. You will see also that there is a “miscellaneous” payment of $1,000.00 made in September of 2000 following receipt of a substantial amount fromWINZ funding. It is understood that this also was a payment to an individual who claimed to have a personal grievance. 
I am not an accountant (as will be obvious) but I believe there are sufficient genuine concerns raised here to warrant some investigation. These are community funds which were largely received from charitable donations which appear to have been siphoned off improperly.

I should add that according to Kate Raue there was possibly legal advice given to the people running the Carterton Community Centre that they should not make personal greivance payments in the way that they did. This is another matter that may need to be looked into because it would make the payments even less appropriate if they were done contrary to legal advice. 

I appreciate the fact that earlier complaints may have been thought to be ill-founded or frivolous or for whatever reason were not properly investigated but I believe that there actually does exist hard evidence to suggest that a reopening of the investigation should be made with urgency. As I have said the Community Centre and its funds are currently subject to a High Court Application. 

If it is more convenient for you to do so I would be happy to act as a go-between between yourselves and Kate Raue so that I can request further details from her.
Are you able to assist with what I believe is now a genuine complaint?
Yours faithfully
Ken Daniels


The frauds refered to are the numerous "personal grievance" payments the committee was making to their friends and the grossly inflated and unjustified "wages", "volunteer reimbursements" etc, and the other serious discrepancies in the Financial Reports and the Minutes of the Carterton Community Centre Inc (scroll down at the link to view them).
These records show that thousands of dollars were taken from organisations that had nothing to do with the particular organisation which was the subject of the "personal grievance" - a "personal grievance" that was never ever referred to the Employment Tribunal or Mediation Service and was not a formal personal grievance at all.

In the case of the particular records at the link, it can be seen that several thousand dollars was taken from each of about six or seven different "organisations" which were "acting under the umbrella" of the Carterton Community Centre for funding purposes.  The organisations from which the money was taken had no liability for the so called "grievance" whatsoever, their own funding had all been applied for for specific purposes and the payments made to the grievance against the other organisation was outright theft - and it was one of two such "Personal Grievance" payments being made at the time in just the same way, which is why lawyer Ivan Young-Gough wrote me a letter confirming the illegality of it, and there was a long history of similar fraud and malfeasance at the Centre.  The beneficiary of the particular "grievance" documented at the link was a Helen Staples - I wonder if she's related to South Wairarapa Mayor Adrienne Staples - nepotism is rife in the Wairarapa, and those in charge of local governance are the one profiting from this blatant theft from the less well off and from the so called 'community organisations' - most of the local community organisations benefit the people running them - not the intended beneficiaries at all - which is why Wairarapa tops the New Zealand suicide statistics regularly.

After receiving no response to that letter whatsoever, and no reply to my own enquiries to the police and Mr Daniels about the matter, and after the instigation of the campaign by local police to corruptly target me with a large number of charges which were an abuse of power and malicious and vexatious litigation, Mr Daniels wrote the following letter to the Police Prosecutor:

This is the unbelievably arrogant response:

From: murray.johnston@police.govt.nzSent: Wednesday, 26 April 2006 12:01 p.m.To: Ken DanielsSubject: Kate RAUE – Your letter dated 18 April
Hi Ken
I’m having a quick look at issues outlined in your letter before I head off on a course for two weeks.
To assist me in doing so can I please have a bit more detail regarding points 1, 2, and 5.
I suspect that point 2 relates to REYNOLDS retrieving his car but may also relate to MANSON.
I suspect point 5 relates to Mayor McPhee’s unique way of dealing with a noise complaint that received so much publicity. I am not aware of Kate being in any way related to that.I’ll have to consult the Carterton Police regarding other points in your letter.
I sent Kates latest letter off to the PCA for registering as a complaint. Will get a copy to you. The PCA has already ruled on a number of issues she raises and where that is the case they will not be re-visited .
I don’t remember your letter dated from 2004 but my apologies if I’ve failed to respond. I suspect it will have been put on one of Kates many files and may be hard to locate. Any such allegation by Kate against the Community Centre management would take a very low priority from a Police perspective. Her allegations about the Community Centre have mostly proved unfounded, emotive and simply not credible.
Murray JohnstonRisk Manager Search & RescueWairarapa AreaNew Zealand Police
P O Box 443, MastertonTelephone Direct: +64 6 370 0307Facsimile: +64 6 370 5952E-mail: murray.johnston@police.govt.nz

None of our complaints have been investigated, they've all been repeatedly and corruptly covered up.

Note Johnston refers to "point 1" in the second paragraph of his response but never mentions it again? He knows perfectly well that the "threatening text messages" refers to the messages to me from Masterton prostitute Rachel Betteridge and her husband, which say "You need a bullet" and "Watch your back" among other things. Police refuse to charge Betteridge or her husband in spite of statements from two JP's and the indisputable evidence that Betteridge and her husband had sent the messages, and instead charged me with sending unspecified messages to Betteridge! Of course I was acquitted, and it was established that Betteridge was lying, but only after a lengthy trial and months of extreme stress to me, and ridiculous cost to the taxpayer, all because the local police prosecutor and his live in lover, Court deputy registrar Liz Harpleton, think it's funny to play little games like this in the Masterton Court.

Point two relates to Constable Cunningham smashing the shed doors after Larry Manson's lies to police.

Point 5 relates to ex Mayor Gary McPhee's violent, vicious, cowardly home invasion, committed by him and his Council mate, they weren't the noise control officers and had no right to smash their way into the local flat where the occupants were innocently and quietly cooking their dinner - let alone assault the innocent occupants! Johnston knows perfectly well that I witnessed this attack, and tried to make a statement along with the other witnesses and victims - police simply refused to acknowledge the complaints!!! This corruption is outrageous!!!

Another letter from Ken Daniels to me dated 25 July 2007 says this:
"I am pleased at the dismissal of a number of charges against you. That is as it should have been in my view. It was always apparent from an early stage that for whatever reason you were a "lightning rod" for Police attention in Carterton. 
This was, in my view, most unfair to you and unwarranted Police attention resulted in unnecessary charges being laid. On reflection it would have been far better if the Police had been able to discuss any concerns they had directly with you so that those concerns may have been laid to rest in a much more appropriate way." . . . 
"It is clear that there were many unanswered questions from the Police. We never did get full details from them regarding some of your cases. I have been unable to go back to "the matter of the 2004 letter" simply because of the volume of paperwork and the length of time that it would ave taken to have researched that matter. 
I do know however that numerous letters were sent to the Police and discussions held with them to try and get some satisfaction in relation to the allegations that they made against you. As I have said, those enquiries were not always met with success."
So instead of investigating crimes, police are busy plotting how to shut down my websites, sending each other emails like this one, which was sent by Sgt Kevin Basher to Sgt Murray Johnston on 7/9/2010:
Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our staff .

Repeated requests for the rest of this email and all others about me, and all other information police hold about me has been responded to with utter contempt for the law - police have provided "a composite file" because they claim that my files have been "lost" so they've had to make up new ones - what a pack of LIES!

The IPCA is corrupt, and anything but independent!  

Here is the correspondence between lawyer Michael Appleby, the IPCA and myself, which shows indisputably that the PCA and IPCA have been routinely lying and refusing to investigate or even acknowledge formal complaints and corruption and incompetence are rife within the NZ Police, many officers are seriously abusing their powers and perverting the course of justice by doing so on a routine basis.

And the only way to challenge this is to file action in the High Court - try and get a lawyer to assist you with that and they'll tell you that the government and the Courts have set up a legal system which is unaffordable for the average person, biased in favour of wealthy litigants and against people with little money and against people who wish to appeal against decisions of corrupt and incompetent public servants and government employees etc.

Here's the response I recently received after I asked another lawyer to assist me to take the IPCA to Court for refusing to acknowledge or investigate these complaints - according to the statutory and fiduciary duties and obligations binding the IPCA (the delay referred to was due to other lawyers failing to pass on or return my files, after they similarly refused to assist):
"In respect of complaining about the IPCA, there is no process I know of short of the High Court in litigation.
However a new Authority is about to be appointed Sir David Carruthers previously Parole Board Chairperson, and before that Chief District Court Judge.  (sic)
You could complain to him that his staff have not done their job, as a new broom he might be interested. 
Other matters
Given . . .  changes in Legal Aid funding I should advise you I am not going to be able to take your case on legal aid. 
I have been doing criminal legal aid files for some time, but with the introduction of fixed fees and the associated administrative burden now required for legal aid, in order to make a living I am forced to reduce the amount of legal aid cases I can do.
Partly as  result of this tightening in the year ended March 2011 , i.e. 12 months ago and that I had my worst year ever earning less than the average wage, $50,000, as a result I have been forced me to reconsider the number of cases on legal aid I can take. 
In the civil area, where your case falls, the paperwork required from the Legal Services Agency is onerous.
It is does not surprise me that of 4000 lawyers willing to take legal aid prior to 31 December 2011 now only about 2000 will.
I regret given the time delay and still not having all your files,  and the new legal aid regime that trying to take on your case requires more time than I have. 
Regrettably the payment offered form civil legal aid (which you of course are likely to be required to repay) does not provide a fair reward for work done.
Whilst I do not like to reduce the decision to a financial one, I regret having to be more selective in taking legal aid cases, and have turned down 10 in the last month, your potential case is not even ready to be considered and in addition to financial considerations I regret I don't have the time.
I will return your files.
Tony Ellis."

No comments: