"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.


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


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Wednesday, April 20, 2011

Lunatics in charge of the asylum - Plotting my escape:

One of the things that used to drive me mad during my corrupt and unlawful detention in the maximum security lunatic asylum was the way the morning shift would arrive, unlock our spartan cells, give us our breakfast, and say to me "So, what are you going to do today Kate?"  (The other one was "Oh - look at the rabbits!" - outside the window, playing on the grass, this attempt to initiate conversation soon became very boring indeed, but I soon learned you had to be very careful indeed what you said, and it was good as a general rule to say as little as possible.)


It drove me mad because there WAS nothing to do in there, apart from read a few dog eared English Woman's Weekly's from about ten years ago, and stare into space.  Or risk conversing with the other 'patients' . . . many of whom had been sentenced to long periods of imprisonment for murder or manslaughter (and that's only what they were sent to jail for - some of them did unspeakable things in jail to warrant being sent to the Rangipapa lunatic asylum), but the majority of the other ladies there were really nice to me.  If it wasn't for them, and the people who worked so hard to get me out, like Jenny Evans, Gail Penney, Mrs Goodall, Tony Pearce, Benjamin Easton and Maria Van Der Meel, Liz Lambert, Stephen Cotterell, Areta Chapman, and others, the outcome could have easily been very different.

Many of the other 'patients' were incredibly nice and kind to me, especially the other ladies, HK, Jackie, Katrina and Terri, and despite the conditions being totally surreal and often like something out of One Flew Over the Cuckoos Nest with the barbarity of the forced medication and the history of the other 'patients' and the subject under discussion at any given time about this (confidential) history, we often had a lot of fun - much to the annoyance of the 'doctors' and some of the 'nurses'.  These ladies are lovely, I had nothing but the clothes I stood up in and a couple of pieces of paper with me when I was 'arrested' and brought to Rangipapa Unit, and the papers had been taken off me - and the clothes for a while, new 'patients' and ones who have been very naughty, are made to wear horrible denim 'gowns'.  Staff issued me with a toothbrush and a tube of toothpaste, tiny bar of soap, and a tiny bottle of shampoo.  If you wanted to have a bath you had to ask at the office for the plug, and return it when you finished.  Baths were a luxury and a privilege, I learned.

Despite the explicit instructions of my so called 'Responsible Clinicians' - corrupt psychos Jacqueline 'Jackie' Short and Brenda Sally Rimkeit and others, I managed to get my hands on a pen and paper while locked in the high security loony bin with at least two staff watching each 'patient' every waking hour.

I soon made good use of them, and mindful of the words of others who've walked all over me in the past ("Well Nicci I suppose as Finola said, we weren't ever going to write the perfect script. Just one step at a time to shut down as many avenues as possible.  In terms of the animal ethics issue, if you and Hugh feel there is any legal risk if she were to take up an issue, I would move to deal with it, otherwise just ignore it again."), bearing the MAF emails in mind, I rather wisely decided to take up the issue legally.

I managed to get my hands on the Guidelines to the Mental Health Act (link will be added shortly) for about half an hour once, which clearly state that it is unlawful to assume someone has a mental illness just because they disagree with people from an official organisation or on the basis of their political views and several senior lawyers have made written allegations with attached EVIDENCE that the NZ Police have been conducting a corrupt campaign of harassment and malicious and vexatious prosecutions against me.

This was also confirmed by Dr Justin Barry-Walsh in the psychiatric report he wrote regarding me - the first one done, but corruptly rejected by the Court. 

One of the honourable members of staff, with integrity, faxed these two handwritten documents to the High Court at Wellington on the 19th and 20th of February:

To Fax: (04) 914 3603            URGENT            19 April 2011
From Fax: (04) 918 2562 Rangipapa Unit, Porirua Hospital

To the High Court at Wellington:

May it please the Court:

I, Katherine Raue, wish to make an urgent application under section 84(2) and  section 84(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 to be brought before a Judge for examination and on the evidence of other witnesses, for the purpose of a Judicial Inquiry to establish that I am fit to be discharged from the hospital, (section 84(3)(b)).

I respectfully request that the Court consider such evidence as the attached affidavit from Witness X, and other documents, including several psychiatric reports and letters from lawyers relevant to this matter, and the evidence of several witnesses, including Witness X.

Judge DRW Barry of the District Court has already acknowledged that there are serious factual inaccuracies in at least one of the recent reports prepared for the Court.  At a recent fixture in the Masterton Court Judge Barry acknowledged that reference to " a previous pattern" of involvement with police when she lived in Wellington" (report of Dr Justin Barry-Walsh, November 2009, and attributed to Constable Peter Cunningham) was erroneous and significantly misleading in that I had not lived in Wellington for about thirty years, and had had next to nothing to do with Police all my life until having the misfortune to come to Carterton in 1999 and meet Constable Cunningham, who told Dr Barry-Walsh (and anyone else who will listen) this orchestrated litany of lies.

Judge Barry also acknowledged evidence from a number of lawyers which included a letter from one which stated that it was "obvious that you have been a lightning rod for Police attention since you arrived in the Wairarapa, and that has resulted in many unnecessary charges being laid and this was most unfair to you."  The writer (senior lawyer Ken Daniels) was pleased at the dismissal of a number of charges against me and that it was obvious that there had been no evidence to support them from the outset and they should not have been laid.  Other letters from lawyers also comment strongly on the refusal of Police take statements or formal complaints from me on a large number of valid matters including several matters directly relevant to the current charges against me.  Police themselves have admitted repeatedly refusing to take complaints when questioned about it in Court.

I also wish to respectfully request a review or Judicial Inquiry or an Appeal of the recent decision of District Court Judge B Davidson's finding under Section 9 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.  With respect to Judge Davidson, it is perfectly clear that there is NOT sufficient evidence, on the balance of probabilities, to establish that I caused the act that forms the basis of the offence with which I am charged.  For your ease of reference I attach the witness statements, and transcript of the Depositions Hearing.

If I may draw your attention to the transcript of the Depositions Hearing, page 7 (also marked 12 in the upper right hand corner for some reason), refering to the numbers in the left hand margin, at (5) or thereabouts the principal Crown witness states that he "took no notice at the time" of what I was saying. 

At (15) or thereabouts he states that he has ADHD and forgets things (ADHD is a mental disorder as far as I understand it).

At (20) or thereabouts the witness is again asked what it is thatI am alleged to have said to him and his response is:  "She goes to me, she says - I don't know, it's gone."

And at (30) the witness agrees that he hasn't got a clue what I said to him basically. The matter should not have proceeded beyond Depositions let alone the Section 9 hearing!

Briefly, the background to this matter is that on 11th February 2009 I was attacked in my home by the Crown witness in the matter of the alleged Perverting the Course of Justice, Michael Francis Murphy, and others.  Police refused to even take a statement from me regarding this violent attack, let alone charge Mr Murphy.  The attack was in response to - or rather, a result of - Mr Murphy finding out that I had raised concerns of child abuse and violence involving him to the local police - another matter the Wairarapa police have refused to investigate.

Three totally independent witnesses to this attack on 11 February 2009 all rang emergency seriveces on 111 as they witnessed the violent attack as it was taking place, but despite this, Police refused to take a statement from me, or from two of the witnesses.  I then requested the audiotape of the 111 call made by one of the witnesses, and Police refused to provide it.  After complaining to the Ombudsmen I received a computer disk containing 46 Police radio tracks, including the call to 111 from the third witness, who I had been unaware of prior to receiving the disk, which also contained a number of other tracks which were potentially very embarrassing to the police as well as incriminating Mr Murphy. 

Shortly after Police became aware that I had this disk (about two months after the attack) I arrived home one day and caught Murphy stealing a satchel containing the disk and some documents.  I immediately rang police and made a signed statement to Constable Laura Rhymer, which was recorded in her notebook. 

If I may draw your attention to page 12 of transcript of the the Depositions hearing (17 in the top right hand corner) reference is made to a statement allegedly taken a couple of hours later, also by Constable Rhymer, from Crown witness Aaron Brook (who can't remember what it is I am alleged to have said to him because of his ADHD).

This statement was NOT recorded in Constable Rhymer's notebook - and nor was it included in the Disclosure to the defence (me).  I was unaware of its existence until that very moment, half way through Constable Rhymer's evidence at the Depositions hearing.

Page 12 paragraph (20) of Murphy's evidence alleges that he didn't go to my house since Christmas 2008 except for a couple of occasions "when we were friends" (page one of the transcript).  - I specifically asked the amicus curiae - ex police officer Bryan Yeoman - to question Murphy closely about the attack on 11 February 2009, but Yeoman refused to do so.

Dr Brenda Sally Rimkeit wrote a certificate to the Court stating that in her opinion I needed to be detained in a psychiatric institution to have assessments done to see if I am fit to stand trial.

Judge DRW Barry had accepted my explanation only a few weeks earlier that the only reason I had failed to attend two earlier appointments was because they had been made in Porirua when they should have been made in Masterton (as the one in November 2009, with Dr Barry-Walsh had been), and also, I had been unable to attend the appointments at Porirua because I had received one days notice in one case and three days in the other case, and that WINZ had refused to assist me with travel costs on the grounds that "Work and Income cannot be seen to assist clients who do not abide by the law."!

Surely this is a breach of the cornerstone of justice for centuries, that a person is presumed innocent until proven guilty!  I was unable to attend Court in Wellington on 28 February 2011 for the same reason,and mistakenly thought my attendance had been excused on that day, pending the completion of the psychiatric reports. 

I explained this reason for my non attendance for the two recent appointments to Dr Rimkeit, but she refused to accept it (unlike Judge Barry) and the amicus refused to explain it to Judge Davidson, who didn't allow me to speak.

Dr Rimkeit's report to the District Court, dated 22 March 2011 states on page 9:  "My concern that (sic) if she proceeds to represent herself at Court she may, through her delusional belief system falsely accuse certain parties of wrongdoing."

Dr Rimkeit's belief is that I suffer from "Delusional Disorder."  Even if she was correct (I do not agree) this is not a major mental disorder, and I do not pose a danger to myself or anyone else.  Just because I hold the view that the Police - certain specific police officers, not all police I hasten to add, have not treated me fairly, does not necessarily mean that I am delusional.

Dr Rimkeit's report and others contain a large number of factual inaccuracies.  Just one example of this is the last paragraph of page 8 of her report, continued on page 9, where Dr Rimkeit goes on about the "headmaster of the local school in Carterton that she was fired from being paid off or bribed . . . " and something about a car.  I clearly stated to her an entirely factual account about receiving a letter from the Board of Trustees of the school, sacking me because, according to the letter, the Board had recently received information from the local Police that I had "recently been charged with an offence involving a child." 

I have never in my life been charged with any such offence!  The writers of the letter are delusional, not me!

Dr Rimkeit raised the proposition that the Principal's new car had anything to do with the matter, I merely said it was a coincidence, and only after she asked me if I thought he was bribed with the car.  She also mentions suicide in the third paragraph on that page - I have never EVER attempted or even intended to commit suicide, I have never planned or threatened to.  I have repeatedly requested that discussions between me and the psychiatrists are recorded by audio or video and these requests have been continually refused.

The reports appear to be an orchestrated litany of lies, bearing no resemblance to fact, almost every paragraph containing significant FACTUAL inaccuracies, as opposed to matters of opinion.

My main concern is that any subsequent reports will take the inaccurate reports into account and be therefore tainted.  My only involvement with mental health services previously was to request a referral from my GP to the "To Be Heard" program.  This program assists people who feel they aren't being listened to (by Police etc) as I was/am suffering from depression (moderate).

Upon admission to Rangipapa, and on the orders of Dr Rimkeit - my "responsible clinician" the four medications prescribed by my GP were abruptly ceased, causing serious side effects.

I am not psychotic, or delusional.  Witness X, my landlady, will give evidence that a rock larger than my head was thrown through the window of the "granny flat" I occupy at her address very recently.  I did not imagine this, or the attack on 11th February 2009.  I identified Michael Murphy at the time the rock was thrown, as did the three independent witnesses to the attack on 11 February 2009, and again Police have refused to charge him.  Crown witness Aaron Brook has stated repeatedly that he saw Murphy in the near vicinity when I cought him burgling my house in April 2009.

Aaron Brook's evidence is consistent in that regard, unlike his evidence against me.  Mr Brook came to my house and volunteered this information.  I did not ever suggest that he tell Police anything whatsoever apart from what he actually told me he witnessed.  His statements (witness statement, Depositions statement) and the Depositions transcript are very vague indeed about the crime I am alleged to have committed, saying that he "felt" I wanted him to lie.

I respectfully submit that Aaron Brook is more delusional than I am, or at best he is simply mistaken, or misunderstood what I said.

The section 9 Criminal Procedure (Mentally Impaired Persons) Act 2003 matter was not properly addressed if it was addressed at all.  The amicus curiae told Judge Davidson that the Depositions hearing had established that the Court was satisfied of my involvement in the offence, but I respectfully submit that this was not the case and the amicus knows that perfectly well.

I am not a lawyer, but have developed an interest in the law and would like to continue legal studies (I passed introduction to law).  I am currently being detained in a secure mental facility, having not been convicted of an offence, and have been for over eight weeks.  I am not being permitted any incoming or outgoing phone calls or visits except from lawyers, and not permitted any incoming or outgoing mail I was told today.

For over two weeks I was detained in conditions that were frankly appalling - isolation, no excercise, sunlight, company or stimulus, although as I write this I am now  in the "main ward" again and conditions are improved slightly.

While in the seclusion ward I had very limited access to my property, including basic items such as pen and paper.  Pain in my hand and wrist makes writing difficult and I have no access to a computer, typewriter, etc.  I apologise for the length and disjointed nature of this letter, the main points (in summary) are:

1.    I do not suffer from any major mental disorder.

2.    I am not a danger to myself, or others.

3.`    The requested assessments could be completed if I were discharged from "hospital", and appointments scheduled in Masterton.

4.    I have been here over eight weeks, and there have been four or five reports completed in that time, some of which suggest that I have "Delusional Disorder" for thinking that some Police officers are not treating me fairly, there has not been any consideration given to the possibility that this belief may be valid

5.    I am being forcibly medicated with strong anti-psychotic medication, causing serious side effects.  There has been no formal cognitive test done to support the "diagnosis" and no "treatment" apart from the medication.

6.    I respectfully submit that I was fit to plead not guilty (as I did), I am fit to appear in Court, and fit to represent myself if necessary.  I attach a copy of the decision of Judge DRW Barry on the matter of an application by the Crown pursuant to Section 344A of the Crimes Act 1961, dated 30 September 2010.  I opposed the Crown's application and represented myself at the hearing of it.  The application was in relation to a related charge of Escaping From Custody.

Paragraph 19 of Judge Barry's decision explains that this charge was included in the indictment for allegedly Perverting the Course of Justice. 

During the course of the hearing the Crown made another application, under section 347 of the Crimes Act, that I be discharged of the offence (deemed to be an acquittal).  I managed to conduct myself appropriately, under difficult circumstances, and represent myself competently.  I prepared for the hearing as best I could, having only received the various precedent decisions less than a day before the hearing (at least one of these was handed to me after the hearing began, the first time I'd seen it) and I achieved the outcome I had planned to achieve.  There were no "emotional outbursts" as referred to in Dr Rimkeit's report, not did I speak "out of turn" at any stage or have to be rebuked by the Judge.  I was acquitted of the charge, after an application from the Crown to the Judge to do so under section 347.

7.    An urgent inquiry is required into the factual inaccuracies in the psychiatric reports written since I have been incarcerated and forcibly drugged and the factually incorrect information given by Constable Cunningham to Dr Barry-Walsh.  The Family Court has asked for yet another report now.  The problem is that subsequent reports take the "previous history" - and the previous reports - into account, and are, and will be, therefore tainted.  Another example of the factual inaccuracies is the claim on page 9 of Dr Rimkeit's report that I was abused as a young child.  This is simply not true.

I look forward to hearing from you as soon as possible.

(signed)
Katherine Raue
19 April 2011
_____________________________________________________________


To Fax: (04) 914 3603            URGENT            20 April 2011
From Fax: (04) 918 2562 Katherine Raue, Rangipapa Unit, Porirua Hospital

To the High Court at Wellington:


May it please the Court:
Further to my application for a Judicial Inquiry pursuant to section 84 of the Mental Health Act, dated 19 April 2011.

I am being prevented from contacting anyone, including Legal Services, the Court, the Police, etc, and staff are being extremely obstructive and not facilitating communication with lawyers.  Staff continually say "later", or simply disappear for hour after hour, day after day.

Lawyers assigned by legal aid are refusing to accept or carry out instructions.  Several such lawyers have been instructed to address the matter of the factual inaccuracies in the recent reports and to request a Judicial Inquiry into these matters, and simply refuse to do so, prefering to delay and drag out these proceedings in order to extract the maximum amount of legal aid that they can they  then inform me that the grant has been used up and for that reason they cannot continue to act.  One "forgot" to attend yesterday's hearing.

This is a gross miscarriage of justice.  I am the victim of crime - not the perpetrator!  I am not delusional in believing that certain police officers are not treating me fairly.  The failure and refusal of Wairarapa Police to investigate child abuse allegations has been well publicised recently.

I reported my concerns about Michael Murphy's violence (and that of his associates) to Police, who refused to acknowledge or investigate my allegations.  Police then disclosed my complaint to Murphy, who then came to my house with his associates and attacked me.  Police refused to charge him in spite of a mountain of evidence of the violent attack then corruptly charged me with Perverting the Course of Justice after Murphy broke into my house to steal the evidence of his violent attack.

Murphy recently threw a large rock through my window, Police refused to take a statement from me.  Staff at the facility where I am being held are refusing to allow me to contact Police, IPCA, family, friends, my bank, my landlady, the Court, etc.  The refusals amount to perverting the course of justice in themselves!

Documents which were in my possession at the time of my arrest on 4th March 2011 and others which were handed to me at the Masterton Police station have also disappeared including a copy of pages from Constable Rhymer's notbook and a Court Summons.  Staff at Rangipapa Unit gave me two fax forms and told me to write faxes to Masterton Police and Arohata Prison specifically about this missing property, which I did on 10th April, but then staff informed me that they had received instructions from Dr Rimkeit and Dr Short and that they were not to send the faxes!

The Unit Prison Liaison Officer, Chris Norris, told staff and me that Arohata Prison staff were saying I had never been at the Prison.  I was actually admitted there not just once, but twice - once on 5th March 2011, and a second admission was processed on the 7th March because the amicus curiae didn't turn up to Court that day and so I was remanded in custody until the following day.

The missing page of Constable Rhymer's notebook was found to be missing on the night on 7th March, I recorded this with a green highlighter given to me (loaned) by prison staff at Arohata.

The clear, heat sealed plastic property bag from Masterton Police station was shown to me by Prison staff on the evening of 7th March, it was opened by Prison staff in front of me and the papers given to me, the notebook page was obviously removed at the Masterton police station.  It is the fifth of five pages written by Constable Rhymer about the burglary by Murphy, the subject of the current charge of Perverting the Course of Justice.

It is now considered a crime to fail to report child abuse.  Preventing me from contacting Police and IPCA regarding the abuse by Murphy and his associates is therefore a crime.

Murphy demonstrated his violent tendencies when he smashed my door in in February 2009, and again when he threw a rock through my window recently.  He did this because I raised concerns with Police regarding him and his associates in regard to child abuse and violent behaviour.  My "responsible clinicians" are preventing me contacting police, IPCA, etc, to report these violent crimes, child abuse, etc, and saying I am delusional.  I am not.

(signed)
Katherine Raue