"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"

Friday, June 24, 2011

The Crown Prosecutor Perverts the Course of Justice:

IN THE DISTRICT COURT AT WELLINGTON                     CRI 2009-035-0805

                                                               THE QUEEN v KATHERINE RAUE

MEMORANDUM OF THE CROWN:
       Presented for filing by GJ Burston, Crown Solicitor

MAY IT PLEASE THE COURT

1.      Katherine Raue is charged with one count of attempoting to pervert
the course of justice.  The offending is alleged to have occurred in
April 2009.

2.      A trial is set to proceed on 5 July 2011.

ALLEGED FACTS (sic)

3.      It is alleged that Ms Raue went to her neighbours and told them to
tell police that she had seen a man by the name of Michael Murphy
outside the front of her house.  Ms Raue then rang police and made a
statement to police saying that her house had been burgled.  Ms Raue
advised police that her neighbours had seen Michael Murphy outside the
front of her house at the time of the alleged burglary.
KR: No, FIRST I rang police and reported the burglary by Murphy of theevidence of his earlier crime (- which was witnessed by THREE otherpeople), and THEN the neighbours came over and told me that they'dseen Murphy driving his car outside my house at the same time I'dreported him being here.  I was correct in advising police that theneighbours had seen Murphy outside the front of my house at the timeof the alleged burglary.  The neighbours have consistently stated thatfact.

4.      Police spoke to Ms Raue's neighbours, they gave a statement to
police and shortly after that they retracted their statement.  The
neighbours claimed that they had not seen Michael Murphy outside the
front of Ms Raue's house, instead they told police that they had on
instruction from Ms Raue told police that they had.
KR: The neighbours have consistently told police that they saw Murphydriving his car in the near vicinity of the front of my house at thedate and time I had earlier reported the burglary.  There are alsoseveral serious discrepancies in the "evidence" presented by thepolice regarding the alleged statements of the neighbour, discrepancies that amount to perjury by Constable Rhymer.

5.      Ms Raue was charged with attempting to pervert the course of
justice on the basis of the false statement she made to police.
KR: I was deliberately falsely charged on the basis of corruptlyformulated "evidence" which was never going to stand up to scrutiny inthe first place, which is why the police are now advising the Courtthey do not intend to produce any evidence at trial.

CURRENT SITUATION

Ms Raue's mental health

6.      On 23 November 2010, pursuant to the Criminal Procedure (Mentally
Impaired Persons) Act 2003 ("CP(MIP) Act") the Court ordered two
assessment reports be provided to the Court by 22 March 2011 to assist
in determining whether Ms Raue was fit to stand trial and/or whether
she was insane.

7.      Ms Raue failed to answer her requisite appointments with psychiatrists.
KR: I certainly did attend appointments, Dr Barry-Walsh wrote a reportdated November 2009 after one such appointment which I went toconsiderable trouble to attend, having to bicycle from Carterton toMasterton in the rain to attend.  In this report, Dr Barry-Walshwrote: "Ms Raue displayed marked distress, reported low mood andappeared depresse.  She was pressured on interview and gave adigressive and detailed account of herself.  She was emotional.  Heraccount included a number of persecutory ideas  However on balanceconsidering her ideas and reviewing the other materials, I do notthink Ms Raue has a mental illness, particularly I do not believe thatshe has a psychotic illness characterised by the development ofpersecutory delusions."  He also says "I would further observe thelitigious quality to her presentation means that she has anexaggerated intellectual understanding of court process and woud bewell capable of following legal process and both entering a plea andinstructing a lawyer."

8.      On 8 March 2011, Judge Davidson ordered that Ms Raue be detained
pursuant to section 38 (2) (c) (ii) of the CP(MIP) Act.  He directed
that two reports be provided to the Court by 22 March 2011 to
determine whether Ms Raue was fit to stand trial and/or whether she
was insane.

9.      Ms Raue was admitted to the Rangipapa Unit on Tuesday 8 March 2011.
KR: On the 4th March 2011 Dr Barry-Walsh, who had previously written"I do not think Ms Raue has a mental illness, particularly I do notbelieve that she has a psychotic illness characterised by thedevelopment of persecutory delusions" wrote: "I could find no evidenceon an albeit brief assessment that there had been any change in herunderlying psychiatric state from my previous assessment."

10.     On 12 March 2011, while committed to hospital pursuant to the
CP(MIP) Act, Ms Raue's mental health declined.  She was provided with
compulsory assessment and treatment pursuant to section 13 of the
Mental Health Act (Compulsory Assessment and Treatment) Act 1932
("Mental Health Act").
KR: My mental health declined - yes, I became unhappy and depressed afterbeing denied a phone call to a lawyer after seven or eight days.  When I began to cry after about twelve days of outrageous treatment, it was claimed that this normal reaction was evidence of some alleged disorder and I was prescribed strong antipsychotic medications, including Aripiprazole, Risperidone, Olanzapine (Zyprexa), Clonazepam and others.  This was an outrageous breach of human rights!  Not to mention tax payer funded corruption.

11.     Ms Raue has remained in hospital subject to assessment and
treatment under the Mental Health Act, section 30 (Compulsory
In-patient Order) which was made on 4 May 2011.  This Order continues
until 3 November 2011.
KR: I was discharged from the hospital on 17th June 2011.

12.     The District Court has received several reports from Ms Raue's
treating physicians pursuant to the CP(MIP) Act.  They address Ms
Raue's fitness to stand trial and/or whether she is insane, within the
meaning of the legislation.

13.     The report writers note that "Ms Raue is currently being treated
for mood disorders and for beliefs which have from time to time
reached delusional intensity".  Her treating physicians report that
the beliefs are related to events in the Wairarapa community and have
now extended to conspiracy beliefs around the police, courts and
mental health authorities.
KR: On the 4th March 2011 Dr Barry-Walsh, who had previously written"I do not think Ms Raue has a mental illness, particularly I do notbelieve that she has a psychotic illness characterised by thedevelopment of persecutory delusions" wrote: "I could find no evidenceon an albeit brief assessment that there had been any change in herunderlying psychiatric state from my previous assessment."

14.     Her treating physicians have made it clear that she cannot
represent herself without assistance from a lawyer and that her mental
health is aggravated by the court process.
KR: Dr Judson's report of 13 June 2011 says: "Ms Raue presented aspleasant, polite, well groomed and looked physically quite healthy andrelaxed."  "Her manner was pleasant and quite relaxed throughout theinterview and she showed no evidence of any pressure in her thinking.Her speech, while a little speeded at times, was not noticeablypressured and her thought processes were logical and rationalthroughout the period of the interview.  We spent some time discussingthe issues of the court, the charges and her intended defence.  Shewas able to explain clearly and rationally the way in which sheintends to defend herself against the charge and remained focussed onthis throughout, without introducing any extraneous or irrelevantmaterial and without displaying any paranoid thought processes inrelation to the charges."  "Her understanding of the legal issues isvery good and she has the ability to formulate and enter a plea and tofollow all the matters pertinent to the court."  "Overall myimpression is that the degree of improvement that we are now seeingsuggests that she will be able to interact successfully with the courtfor the purpose of conducting her defence.  In my opinion she is nowfit to stand trial."

15.     Ms Raue does not have a defence of insanity open to her.  She
appears capable of understanding the nature and quality of the alleged
offence.

16.     Ms Raue's physicians have advised that upon her release Ms Raue
will continue to be monitored and treated by Mental Health Services in
the community.

REVIEW OF CHARGE - PUBLIC INTEREST TEST

17.     It is clear that Ms Raue is currently significantly unwell.  She
is detained in hospital.  It is likely that her mental condition
influenced her offending.  Continuation of the Court process has
potential to fuel Ms Raue's delusions and paranoia.  It may delay or
prevent her recovery.
KR: What rubbish!  Dr Judson's report of 13 June 2011 - two daysbefore this application was written - says: "Ms Raue presented aspleasant, polite, well groomed and looked physically quite healthy andrelaxed."  "Her manner was pleasant and quite relaxed throughout theinterview and she showed no evidence of any pressure in her thinking.Her speech, while a little speeded at times, was not noticeablypressured and her thought processes were logical and rationalthroughout the period of the interview.  We spent some time discussingthe issues of the court, the charges and her intended defence.  Shewas able to explain clearly and rationally the way in which sheintends to defend herself against the charge and remained focussed onthis throughout, without introducing any extraneous or irrelevantmaterial and without displaying any paranoid thought processes inrelation to the charges."  "Her understanding of the legal issues isvery good and she has the ability to formulate and enter a plea and tofollow all the matters pertinent to the court."  "Overall myimpression is that the degree of improvement that we are now seeingsuggests that she will be able to interact successfully with the courtfor the purpose of conducting her defence.  In my opinion she is nowfit to stand trial."  On the 4th March 2011 Dr Barry-Walsh, who hadpreviously written "I do not think Ms Raue has a mental illness,particularly I do not believe that she has a psychotic illnesscharacterised by the development of persecutory delusions" wrote: "Icould find no evidence on an albeit brief assessment that there hadbeen any change in her underlying psychiatric state from my previousassessment."  Two days after this was written I was allowed to go home.

18      In these circumstances it is considered that continued prosecution
of the charge against the accused is not required in the public
interest.  Subject to any directions from the Court, the Crown intends
to offer no evidence in relation to this matter.
KR: The Crown was never going to offer any evidence on this chargeanyway because there never was any evidence!   Certain parties tothese proceedings have strung the matter out deliberately, knowingperfectly well that there has never been any evidence in support ofthe charges, which have been laid in bad faith in order to pervert thecourse of justice.  There have been false declarations deliberatelymade to the Court.  It is in the public interest and in the interestsof justice that this matter is investigated by judicial inquiry.

Dated at Wellington this 15th day of June 2011
G J Burstyn
Crown Solicitor

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