"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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Tuesday, December 18, 2012

High Court Appeal successful - 18 December 2012

Today the High Court heard my appeal against conviction and sentence on a charge of trespass at the Mobil garage in Carterton, Smith Hare and Christison.  The appeal was granted and the conviction quashed by Williams J:

The Crown submissions, which I didn't get to see until after the hearing had finished, was an orchestrated litany of lies, deliberately intended to mislead the Court and pervert the course of justice - at the taxpayer's expense - what a travesty of justice!

For example, the Crown submissions contain the following whoppers (after waffling on for three pages regarding various case precedents narrowing the options on technicalities, etc):

"The matter took almost a year to be heard, due in no small measure to the appellant failing to appear and warrants for her arrest being issued."  - What utter LIES!  The police prosecutor and deputy registrar in Masterton are a de facto couple and they like to have my matters set down for 9:15 instead of 10:00 - they know I don't have a car, rely on public transport and can't get there till ten o'clock, they just like to obtain the warrant because they know that if they can get a certain number of warrants it increases their opportunities to detain me for nothing in the future and inflict more of their sadistic unnecessary taxpayer funded cruelty, and make me look like some kind of criminal or something just because I'm reliant on public transport, so they set the matter down for 9:15 every time and then obtain the warrant purely in order to pervert the course of justice - knowing full well that I'll be there shortly after ten o'clock - except if they've moved the Court across town and not informed anyone!

The delays were caused by police failing to provide disclosure, etc, and the prosecutor's conflict of interest on the ACTUAL date of the first fixture, which was July 4th.  They regularly issue the warrant at 9:45 and I arrive at ten and the matter proceeds, they are just trying to establish a case against me for not turning up to Court and nothing could be further from the truth - it's the POLICE who fail to turn up - regularly!  - If I arrive at Court they either don't show up or try and get an adjournment in the hope that I won't turn up next time - because they only way they can get convictions against me is either have then set down before corrupt Judges, or hold the hearing in my absence!

There is a very long history of police failing to turn up to Court, and of them withdrawing charges, and of my being acquitted.  There is also a long history of local police LYING about me.

Then there's the matter of Judge Barry's "Minute" of 1 February 2012 which makes it quite clear that I was illegally imprisoned in February 2010 after Police and Court staff tried to conspire to manipulate the Court process but were caught out by Judge Behrens, and then corruptly obtained a warrant by lying to the Court, telling the Court that I failed to appear - when the fixture was a figment of their imagination and a purely a result of their own incompetence!  Back to Williams J, and the continuing, deliberate, misleading fiction from the Crown prosecutor, Mr Murray:
"The first fixture was set down for 16 July.  Ms Raue did not appear and the case was adjourned until 12 September 2012.  Again she did not appear and the matter proceeded by way of formal proof."  
What nonsense!  The matter was set down for a formal proof hearing on July 4th 2012 - NOT July 16th!

I arrived at the Court at the appointed time for the formal proof hearing on July 4th, Court was being held in the Frank Cody Lounge in Masterton, having previously been held in a variety of venues including a caravan.

The police prosecutor, Sgt Lawrence, disclosed a conflict of interest to Judge Hobbs, who adjourned the hearing accordingly.  So that was the fault of the police, not me, they should have sorted that out before the matter was called (which was about 11:30), they should have had another prosecutor available, but as usual, they couldn't organise a picnic in the park never mind a proper Court hearing - the manner in which the Masterton District Court operates is an insult to justice and an utter travesty.  Evidence of this point is contained in the Court record, which states (scan will be posted soon):
"04 July 2012 - P A H Hobbs, District Court Judge: RAL [remanded at large] to 16/7/2012 - 9:15 am nominal date to set new fixture date.  Sergeant Lawrence the prosecutor knows Mrs Raue - prosecutor feels uncomfortable in those circumstances.  Mrs Raue regards the prosecutor as a good friend and does not want her prosecuting in those circumstances.  No other prosecutor available.  - Mrs Raue's attendance excused on that date, Mr Hard to advise of new date."
Sgt Warwick Burr seems to be responsible for that particular debacle - he was present in the Court and appeared to be trying to bully Sgt Lawrence to proceed regardless of the conflict of interest and regardless of the fact that he knew perfectly well that the charge was corruptly laid and the information the prosecutor was being told to present to the Court was a litany of lies!  The Court record makes it clear that the delays were NOT caused by me they were caused by the police and the lawyers!

The Masterton Police have a habit of wasting Court time and taxpayers money on this sort of malicious vexatious vendetta, going right back to the charge of Bill Sticking they laid against me - police were forced to apologise to me for dragging the matter out for about two years and then not turning up in Court on the day of the hearing after it became obvious to everyone that they were never going to win the case and were likely to be pinned down in cross examination in a most incriminating manner regarding the fraud at the former Carterton Community Centre and the involvement of the local constable's girlfriend in the serious fraud going on there, and the refusal of the police to investigate those matters and others.

The decision of Williams J notes two points from my submissions, the first being that Mr Hard advised me of the new date and I advised him that I couldn't attend on that date because I was house sitting and managing two rental properties hundreds of miles away at that time.  There was also the fact that the Court moved on 14th August from the Frank Cody Lounge to the Shop Rite Supermarket site (I kid you not) - there was an armed 'stand off' the day they opened there, it is horrible and dangerous.  Nobody advised me - or any of the other defendants by the look of it - that the Court had moved.

The other point Williams J noted was that there was very strong and indisputable evidence which contradicted Constable Dallinger's claim that he served me with a trespass notice on 4th March as he claimed, and I explained to the honourable Williams J why I could prove beyond reasonable doubt on the basis of three different pieces of evidence - one of which was actually POLICE evidence, that Dallinger's claim was not true.

Dallinger corruptly refused to investigate the fraud that has been occuring on a regular basis at the local Mobil station, with certain staff taking customers' EFTPOS cards and then telling them that "the EFTPOS machine is out of order, we'll have to do a 'manual transaction'" - what the customers don't realise is that the staff involved are stealing the card details and using them to defraud their bank accounts.  Be warned, check your receipt AND your bank statement carefully if you do business at the Mobil station in Carterton, and keep checking the statements - the fraudulent transaction from my account occured several weeks after the card details were stolen.

I have a huge amount of other evidence and witnesses regarding this matter, the charge has been corruptly laid.  We will be cross examining Constable Dallinger about his malicious vendetta and how he and Constable Pope kicked in the bedroom door of a fourteen year old girl during another malicious incident of corrupt bullying, when he tried to charge me for theft of a bicycle which wasn't stolen, so he kicked in the door and arrested me for allegedly swearing at him.  I told Williams J that he is a rogue officer (they seem to gravitate toward the Wairarapa where they know corruption and incompetence are par for the course).

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