"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"

Saturday, March 23, 2013

Masterton Court manager Mark Elliott finally gets the sack:

After making numerous formal complaints about the corruption and incompetence of Mark Elliott and some of his staff, not to mention the corrupt Police prosecutor - live in lover of the Deputy Registrar, Liz Harpleton (after they both cheated on their respective spouses) I was delighted to see that he's finally got the sack - "court shake up"?  Local jobs at the Masterton Court should have been axed when the Court Registrar and the Police prosecutor shacked up together!  This report is NOT on the newspaper's website - which is why we founded Transparency NZ - to share the information that matters - the information that achieves REAL results.:

- Wairarapa Times-Age (APN) 23 March 2013

This is why it's important for people to make complaints, and keep making them.

The other staff member who lost her job will be missed, Liz Harpleton should have been sacked instead!

Here they are - Court in a caravan - doesn't get much more incompetent than this!



This is the notice on the side of the Masterton Court building - without a word of a lie, this is an untouched photograph of it - and I couldn't have put it any better myself!:

Police intend offering "Hearsay" now - latest strategy from Masterton prosecutor reaches a new low:





Ta da!  

Here's the latest attempt to pervert the course of justice by the Masterton Police prosecutor Garry Wilson and his girlfriend Liz Harpleton, a registrar at the Masterton Court, and disgraced, corrupt bully, ex Constable Paul Dallinger, who was apparently sacked from the NZ Police recently - or abruptly perfed out of the force (resigned in exchange for a huge payout, known as 'perfing') when the investigation into his sadistic criminal activities was instigated:




This was at the hearing which was adjourned after Police prosecutor Sgt Lawrence told Judge Hobbs she had a conflict at the formal proof hearing!  Sgt Lawrence had a conflict on the 16th of July but suddenly she didn't have a conflict on 12th September?  This will never stand up to cross examination - just like Paul Dallinger's 'evidence' will never stand up to cross examination - because he'll be asked about his sadistic and violent vendetta against me - about how he kicked in the door of a fourteen year old girl to handcuff me and wrestle me to the ground and waste the time of the Court, and the taxpayers, after he and Constable Harvey Pope leapt into action after this vague phone call from a person who made it perfectly clear that he didn't want to make a complaint: 







Ex Constable Paul Dallinger and Constable Harvey Pope used this pathetic excuse to assault me, take the bicycle without permission or authority, and then smash in a fourteen year old girl's bedroom door, assault me again, lock me in Police cells for hours subjected to cruel and humiliating treatment as described by a number of lawyers.  The caller (pictured above with one of the malicious instigators of this nasty vendetta, Kirsten Grenfell of Barnardos) made it perfectly clear he didn't want to pursue the matter!  Constable's Pope and Dallinger had NO authority to assault me or take the bicycle whatsoever - let alone kick in the door and "arrest" me!


This is more evidence that local people do not support the actions of local Police - who tried to get the witness to support them - this is outrageous - the witness told them that she'd heard me tell them the bike wasn't stolen, and that I'd been riding it for months with the full permission of the owner to whom I'd be returning it shortly - Pope and Dallinger had no authority to take the bike at all and that's what I told them and that's what the witness heard.  And even if there HAD been a complaint - which there WASN'T - it was no excuse for the way they behaved - kicking in a young girl's bedroom door because I allegedly swore at them?  Outrageous violence, and out of all proportion to the alleged offence, and clear evidence of their sadistic and violent behaviour!  Here's another statement from the person who Dallinger claimed gave them permission to smash the door in - this statement was made regarding another incident when they did the same thing after they came screaming into the driveway with sirens and lights going because they'd seen me without a bike helmet on - these people are still waiting for Police to pay for the damage they did to the door and they did NOT give permission at all, and neither did I give permission for them to take the bike - which was NOT stolen!


 



Local Police are violent thugs, who kick in bedroom doors to "arrest", handcuff and assault the victims of domestic violence and other bullying in this community - and then slander them to their employers, while they cover up the actions of dangerous recidivist violent offenders and serial child abusers.

And this is after the Crown announced they intended to offer no evidence of allegedly perverting the course of justice all of a sudden.  As well as suddenly announcing they intended offering no evidence of allegedly assaulting Constable Gallagher recently - because "Constable Gallagher accepts that no assault took place" - yes it did - Constable Gallagher assaulted ME, and so did Kathryn McIraith, another liar - which is why I was acquitted!





Wednesday, March 20, 2013

Police wholesale DNA harvesting unlawful!

Following the ruling of Judge Behrens QC that the Police had failed to prove that there was a case to answer, regarding the two charges which were corruptly laid by Constable David Gallagher - after having to represent myself at the hearing after the appointed lawyer failed to turn up to Court and ignored my instructions and communications, on corruptly laid charges which were used as a pathetic excuse to illegally take my DNA, charges which the Police couldn't wait to admit should never have been laid in the first place - AGAIN - I had another  look at the legislation - the Criminal Investigations (Bodily Samples) Act 1995, and another look at the so called "evidence" contained in the latest  corruptly laid prosecutions against me.
I've also been contacted by other people who have been forced - or conned - into having their DNA taken by corrupt and incompetent local police.  The evidence is outrageous.  

Welcome to the new Police State: The wording of the legislation makes it perfectly clear that the intent of the legislation is that there must be good grounds for the taking of a person's DNA by force by a constable without a Court Order, and that in this case my DNA was deliberately taken unlawfully by a Constable who claimed I assaulted him - a lie - and then announced at the hearing that he intended to offer no evidence! - there was no DNA - or any other evidence for that matter - alleged to have been even found at the scene! The legislation says a Constable must have "reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of the offence" in order to take DNA - well that certainly wasn't the case here! Constable David Gallagher conspired with other officers at the Masterton Police station to take my DNA unlawfully - and they knew it was UNLAWFUL and deliberately did it anyway!

This fits in with the pattern of illegal contempt of Court and legislation shown by NZ Police lately - unlawfully spying on NZ citizens, lying to a Court about a Nelson bikie gang - Inspector Grant Wormald guilty on both occasions, but those are only two of many such corrupt manipulations of the law by NZ Police!

Firstly, here's what the legislation actually says:
Section 5 states:
5 Authority to take bodily sample from suspect
Subject to section 72, in any criminal investigation in respect of an offence committed or believed to have been committed, a bodily sample may be taken from a suspect, for the purposes of that investigation, on behalf of any constable only if—
  • (a) the offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and
  • (b) either,—
    • (i) in the case of a suspect who is of or over the age of 17 years, the suspect consents to the taking of that sample in accordance with section 9; or
    • (ii) in the case of a suspect who is of or over the age of 14 years but under 17 years, both the suspect and a parent of the suspect consent to the taking of that sample in accordance with section 9; or
    • (iii) the sample is taken under and in accordance with a suspect compulsion order or a juvenile compulsion order; and
  • (c) the sample is taken in accordance with the procedures set out in Part 4.
 Section 6 states:

6 Request to consent to taking of bodily sample
(1) Subject to section 8, for the purposes of any criminal investigation in respect of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule committed or believed to have been committed, a constable may request any suspect to give a bodily sample if that constable has reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of the offence.
(2) Subject to section 8, on making a request under subsection (1) of this section, the constable shall—
  • (a) hand to the suspect to whom the request is made a written notice containing the particulars specified in section 7(b); and
  • (b) inform the suspect, in a manner and in language that the suspect is likely to understand,—
    • (i) of the offence in respect of which the request is made; and
    • (ii) that the constable has reasonable grounds to believe that analysis of a bodily sample taken from the suspect would tend to confirm or disprove the suspect’s involvement in the commission of that offence; and
    • (iii) that the suspect is under no obligation to give the sample; and
    • (iv) that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent; and
    • (v) that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and
    • (vi) that the sample will be analysed and may provide evidence that may be used in criminal proceedings; and
    • (vii) that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, and that offence is an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample.
 Section 7 states:

7 Form and content of notice
Subject to section 8, every notice given pursuant to section 6(2)(a)
  • (a) shall be in the prescribed form; and
  • (b) shall contain the following particulars:
    • (i) a statement that it is believed that the suspect has or may have committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule and is being requested to consent to the taking of a bodily sample:
    • (ii) a statement that there are reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of that offence:
    • (iii) a statement that the suspect is under no obligation to give the sample:
    • (iv) a statement that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent:
    • (v) a statement that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample:
    • (vi) a statement that unless, within the period of 48 hours after the request is made, the suspect consents to the taking of the sample, the suspect shall be deemed to have refused to consent to the taking of the sample:
    • (vii) a statement that the sample will be analysed and may provide evidence that may be used in criminal proceedings:
    • (viii) a statement that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, an application may be made to a District Court Judge for an order requiring the suspect to give a bodily sample:
    • (ix) a summary of the provisions of sections 48, 49, and 49A relating to the procedure for taking the sample:
    • (x) a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice:
    • (xi) a summary of the provisions of sections 55, 56, 56A, and 59 relating to the procedures for the analysis of that sample and the disclosure of the results of the analysis:
    • (xii) a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police:
    • (xiii) a statement that if the suspect is convicted of the offence in respect of which the sample is taken, or a related offence, information derived from any analysis of the sample will be held on a DNA profile databank:
    • (xiv) a reference to the provisions of section 60 relating to the destruction of the sample and of any information derived from any analysis of the sample:
    • (xv) such other particulars as may be prescribed.
 Section 11 states:
11 Consent deemed to have been refused
For the purposes of sections 13, 16, 18, and 23, on the expiry of the period of 48 hours after a request is made under section 6 to a suspect, that suspect shall be deemed to have refused to consent to the taking of a bodily sample in response to that request unless, within that period,—
  • (a) in the case of a suspect request made to a person who is of or over the age of 17 years, that suspect has so consented; or
  • (b) in the case of a suspect request made to a person who is under the age of 17 years, both—
    • (i) that suspect; and
    • (ii) a parent of that suspect—
    have so consented.
Section 12 states that a person detained has the right to consult a lawyer, unfortunately for me I got to speak to Peter Stevens, I might as well have spoken to the cleaner.

Section 13 states:
13 Application for order authorising taking of bodily sample
(1) An application may be made in accordance with this section to a District Court Judge for an order requiring a suspect who is of or over the age of 17 years to give a bodily sample in any case where—
  • (a) there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule; and
  • (b) the suspect has refused to consent to the taking of a bodily sample in response to a suspect request made in respect of that offence, or a related offence.
(2) Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector, in writing and on oath, and shall set out the following particulars:
  • (a) the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule:
  • (b) the reasons why it is considered necessary to obtain a suspect compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily sample taken from the respondent would tend to confirm or disprove the respondent’s involvement in the commission of the offence:
  • (c) where possible, the type of analysis that is likely to be required in respect of the bodily sample sought from the respondent, having regard to the nature of the material (being material of the kind referred to in paragraph (b) of section 16(1)) found in any of the circumstances referred to in that paragraph.
(3) Subject to section 15, where an application is made under this section,—
  • (a) the applicant shall serve notice of the application on the respondent; and
  • (b) both the applicant and the respondent are entitled to appear and to adduce evidence at the hearing of the application.
(4) In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law.

There was no evidence of any DNA at the alleged scene of the crime!  The prosecutor couldn't wait to withdraw the charge on the day of the hearing because he knew damn well that it had been corruptly laid as an excuse to corruptly take my DNA!  The allegations were vague - clearly false - and clearly malicious and vexatious!  Constable Gallagher and his corrupt mates knew damn well that no Judge would have ever supported any application should it have been made so they corruptly just took my DNA without lawful authority anyway by lying and perverting the course of justice!  Judge Behrens QC noted that the evidence supported my claims that I was assaulted by the complainant and that's why I called the Police and she didn't, Constable Gallagher perverted the course of justice - AGAIN - there is a witnesses statement at this link to the matter of Constable Gallagher's brother in law smashing a window at my house and making serious threats - for which he's never been charged!

Section 57 says THIS, and I am in the process of requesting this information from the Police because NO material existed and this whole business was a thinly veiled attempt to grossly pervert the course of justice!:
57 Analysis of material found at scene, etc
(1) If—
  • (a) material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available—
    • (i) at the scene of the offence; or
    • (ii) on the victim of the offence; or
    • (iii) from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or
    • (iv) on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or
    • (v) on any person or thing reasonably believed to have been associated with the commission of the offence; and
  • (b) a bodily sample is taken pursuant to Part 2 from any person in respect of that offence; and
  • (c) the person from whom the bodily sample is taken is charged with that offence, or a related offence,—
then, if practicable, a part of that material sufficient for analysis shall, at the request of the person so charged, be made available to him or her or to any other person nominated by him or her.

Quite clearly the intent of this law is that there must be good reason to take DNA from a suspect by force and quite clearly this is not the case regarding David Gallagher's pack of lies!

Look how much Court time they wasted on this - getting warrants at every opportunity - only to admit that 
"The officer in charge is unconcerned about that matter, and I offer no evidence in relation to that."  "I'm asking for the charges to be dismissed." 
I was acquitted of BOTH charges, after having to defend myself, after all this time and resources were wasted on this sadistic harassment, and this pitiful excuse above was the only basis for unlawfully taking my DNA by force!  - Note "WTA 9.45" - Warrant To Arrest - Corrupt Court staff and Police prosecutors conspire to issue these warrants knowing full well that I cannot get to the Court until just after 10 a.m. when the train gets to Masterton, and that it is wrong to constantly issue these warrants without reason - there's no need to issue a warrant at 9:45!


 - Here's the papers I was given while in custody in Masterton and told this was the authority for Police to take my DNA by force - they can't even spell my name properly! - and suddenly they are "not going to offer any evidence" about it again, and they are "unconcerned about that"?  Well I'm not unconcerned.  I'm very concerned indeed actually!



This post will be updated shortly.

Friday, March 15, 2013

NZ Police corruptly take DNA unlawfully - the new Police State:

Following the ruling of Judge Behrens QC that the Police had failed to prove that there was a case to answer, regarding the two charges which were corruptly laid by Constable David Gallagher - after having to represent myself at the hearing after the appointed lawyer failed to turn up to Court and ignored my instructions and communications, on corruptly laid charges which were used as a pathetic excuse to illegally take my DNA, charges which the Police couldn't wait to admit should never have been laid in the first place - AGAIN - I wrote the following letters to Mark Elliot, the Manager of the Masterton Court:


To the High Court, Wellington

and

To Judge Behrens QC

Ref:  CRN 12035001648 and CRN 12035001649


I wish to hereby request the transcript or the recording of the Court hearing of the charges against me which were heard before Judge Behrens QC on 6th March 2013, for the purposes of making an application for costs, and several formal complaints regarding the actions of the NZ Police, including complaints of perjury and serious corruption.

I wish to hereby make an application for the RETURN of the DNA sample which was taken from me regarding these charges - which are NOT under Schedule Part 3 of the Act and therefore UNLAWFULLY TAKEN - and a Court Order that it be returned to me - it is part of my personal taonga which was taken illegally by NZ police who were NOT acting within their jurisdiction or according to their duty.  This is an URGENT request - I want my DNA - and all information regarding my DNA - RETURNED TO ME immediately and NOT "destroyed" - the Police have already demonstrated they can't be trusted!

This DNA sample was UNLAWFULLY TAKEN - I was NOT charged with - or even suspected of - committing any offence under Schedule Part 3 of the Criminal Investigations Bodily Samples Act!  The notice I was given lists NO SUCH OFFENCE!  Masterton Police KNEW that the sample was taken UNLAWFULLY - this is OUTRAGEOUS CORRUPTION!

I wish to hereby make an application for a Judicial Inquiry into the matter of the campaign of corrupt harassment of me by certain police officers and the failure and refusal of the IPCA to acknowledge or investigate formal complaints as required by law.

I wish to hereby make an application for costs regarding the matters dismissed in the Masterton Court last week.

__________________________________


To the High Court, Wellington and the District Court at Masterton:

Ref:  CRN 12035001648 and CRN 12035001649


I wish to hereby request the transcript or the recording of the Court hearing of the charges against me which were heard before Judge Behrens QC on 6th March 2013, for the purposes of making an application for costs, and several formal complaints regarding the actions of the NZ Police, including complaints of perjury and serious corruption.

I wish to hereby make an application for the RETURN of the DNA sample which was taken from me and a Court Order that it be returned to me - it is part of my personal taonga which was taken illegally by NZ police who were NOT acting within their jurisdiction or according to their duty.  This is an URGENT request - I want my DNA - and all information regarding my DNA - RETURNED TO ME immediately and NOT "destroyed" - the Police have already demonstrated they can't be trusted!

I wish to hereby make an application for a Judicial Inquiry into the matter of the campaign of corrupt harassment of me by certain police officers and the failure and refusal of the IPCA to acknowledge or investigate formal complaints as required by law.

I wish to hereby make an application for costs regarding the matters dismissed in the Masterton Court last week.

Katherine Raue
_____________________________________

"I have received advice from Judge Behrens that you may have a copy of his decision from 6th March 2013 which would then enable you to make a formal application for costs to Judge Behrens.  As soon as we have Judge Behrens decision transcribed and signed I will forward it on to you. I cannot assist you with the request for the return of the DNA sample and suggest you get in touch with a Solicitor for advice on this as well as your request for a Judicial Inquiry."  
- Mark Elliot
Satellite Court Manager, Ministry of Justice
____________________________________


I went to the the Masterton Court yesterday, 15th March 2013, and attempted to formally file an application for a Judicial inquiry into the corrupt campaign of harassment and  unlawful prosecution, etc.  I was fobbed off in the usual manner.

I sent this letter to the Court on 20th March 2013:

To Judge Behrens:

Your Honour,

I request that the Court make an Order according to section 30 of the Criminal Disclosure Act 2008.

Lawyer Louise Elder was instructed to send the letter below to the Police prosecution section, there was no response, this disclosure is required for my application for costs and for the purposes of further action regarding this matter.  Constable Gallagher interviewed a number of witnesses to the events in question and they all tell me they told him that the only assault they had seen was the one he perpetrated on me.

This prosecution was an abuse of process and contempt of Court.  Constable Gallagher conceded that no assault had taken place at the start of the hearing and he knew it on the day of my "arrest" - my DNA was taken unlawfully because Gallagher knew perfectly well that no offence had taken place except his assault on me and Kathryn McIlraith's assault on me!

I request all information under section 13 of the Criminal Disclosure Act 2008, and the following information under section 14 (this is all information Louise Elder was instructed to request, and it is required in order to establish that Constable Gallagher and other local police officers have acted unlawfully and corruptly in an effort to pervert the course of justice, and that Constable Gallagher's statements as presented to the Court are deliberately dishonest and a deliberate attempt to mislead the Court by both Constable Gallagher AND the prosecutor Garry Wilson.

I request that the Police provide the information requested in my letters to Louise Elder as follows:


Dear Louise,

Regarding the previous letter and email, I cannot stress the urgency of obtaining the information requested (all information about me, and in particular the police radio communication recordings, and all other information relating to the involvement of Constable Gallagher in these matters on the day I was corruptly arrested. 

Also I requested that you write to police regarding the fact that I requested ALL INFORMATION about myself and these matters months ago and all that was provided was a brief "dummy composite file" which police appear to have crudely created - it's nothing more than a few pages of computer data, there are no records of all the phone calls I've made to police, or all (or most of) the visits to local police stations and the repeated refusal of police to take my complaints. 

Also requested is the statements taken in Constable Wilton's notebook regarding the assault on me by Lenny Spowart - which was witnessed by Diane White, as she told Wilton and Cunningham), trespass, wilful damage, theft, blackmail, etc, by Spowart on both Diane White and myself - Diane and I have been to the police many times requesting that Lenny Spowart be charged for his ongoing violence and harassment, trespass and theft, etc, and they continue to corruptly refuse to charge him with any of it - the charges against me are corrupt, there is a pattern of police refusing to take or action my complaints - and those of lawyers acting on my behalf - and a pattern of police laying corrupt and unwarranted charges against me and I insist you write to police about this refusal to provide the information without delay please, because I requested it months ago, and I will NOT be pleading to a corruptly laid charge in a kangaroo Court in an old supermarket until I receive ALL INFORMATION about these latest corruptly laid charges!

Yesterday Diane White shared a letter from Leon with me, asking for Diane to ring Lisa and arrange for Lola to spend some time with Diane.  Diane told me that in spite of the many trespass notices served on Spowart he had recently been coming onto her property again and causing trouble and that she didn't feel safe in her own home because of him, she reiterated to me that the police continue to refuse to charge Spowart with breaking and entering her home on numerous occasions, wilfully damaging window catches and other items in the process and other processes, assaulting and threatening me and deliberately releasing our horse onto the road out of Diane's paddock and then ringing the Council Animal Control Officer and telling him that he (Spowart) was "Mr White" and the horse wasn't allowed in the paddock.  I INSIST that you write to the police on my behalf and demand police obtain the relevant evidence of this from the Council animal control officer and the telephone companies and charge Spowart with these criminal offences and cease their persecution of me - persecution which is evidenced by the report of Dr Justin Barry-Walsh, lawyers Ken Daniels, Michael Appleby, and a number of other well informed, well qualified, credible professionals.

Constable Cunningham lied to Dr Barry-Walsh, telling him I had a "pattern" of negative interaction with police "when she previously lived in Wellington" - please write to Cunningham and ask him for any EVIDENCE of this - it's DELIBERATE LIES cooked up by him and Alison Mulholland!  - The campaign of corrupt persecution of me by local police is well documented and it is beyond a joke!

I believe that a large part of the reason various parties conspired to imprison Leon and deny him bail, etc, was because he was present when Constable Wilton assaulted me and repeatedly refused to allow me to sign the statement and refused to record Diane White's witness statement regarding Spowart's assault.  The Department of Corrections told me, Diane, and Marlene McKenzie that his application for compassionate leave had been granted and we all want to know why it was abruptly refused at the last minute, especially as Corrections now say that "Leon's lawyer didn't provide the paperwork".

The police and IPCA have refused to acknowledge the main points in Michael Appleby's complaints, or those made by me and by other lawyers and I want to "have that conversation" with each and every Judge I appear before and I instruct you to bring it up at the next appearance regardless of who the Judge is, these charges are corruptly laid and an abuse of the Court process, and a blatant attempt to pervert the course of justice.

Diane told me yesterday that she doesn't feel safe from Spowart herself and feels - as I do - that Lola will not be safe with Spowart turning up whenever he feels like it and abusing, threatening and assaulting her and her guests - the refusal of police to prosecute Spowart is OUTRAGEOUS!  - Leon's been locked up to prevent him confirming that his mother told police she saw Spowart assault me and put the horse on the road and boast about it!  Diane White told Cunningham and Wilton that she witnessed Spowart assault me and I refuse to plead to a corruptly laid charge until police acknowledge that and charge Spowart with assaulting me! 

The Crown announced it had no evidence to offer regarding the charge of Perverting the Course of Justice after the Escaping from Custody charge was thrown out - like all the others! - because of my health - well they can't have it both ways - these charges are corruptly laid and I insist that police be required to provide the information I have requested according to THE LAW.  I also insist that the Court formally recognise the evidence that the IPCA and police have blatantly and corruptly refused to investigate or even acknowledge my serious complaints, and those made on my behalf by a growing number of lawyers.

Please send the disclosure as soon as possible, and copies of all other information on your file on an ongoing basis as soon as you receive it or create it, I recall you saying you were going to scan the disclosure and email it and post it but I have received nothing, your letter lists different charges to those on the informations and I need to see all the information that you receive or create please. 

My defence relies partly on establishing that the police have a history of treating me with prejudice which is supported by quite a lot of evidence, this is crucial to the questions of credibility, motive, etc.  Accordingly I request that you write to the IPCA and request a review of files relating to my complaints and those of Michael Appleby, which have been largely ignored or corruptly fobbed off (also supported by a lot of evidence).  The correspondence between the IPCA and Mr Appleby and myself is at this link and clearly and indisputably shows that the police have been corruptly refusing to address the serious specific matters raised in the complaints, and have a history of malicious prosecutions and of giving evidence proven to be false.

There is also the matters regarding Rachel Betteridge and her husband sending me messages saying "You need a bullet" and "Watch your back", and the corrupt actions of the police in charging me with sending messages to her when there was never any evidence of that WHATSOEVER, while police corruptly continue to refuse to charge Betteridge when there is indisputable evidence that she and her husband sent me the messages above AND OTHERS.  I insist on being treated fairly, there is clear and indisputable evidence to warrant Betteridge and her husband being charged - and Betteridge charged with PERJURY.

Carterton police are corruptly refusing to take my complaints as usual, it is completely unacceptable and I request you write to them and the IPCA about these matters - which involve Leon White's mother, as I mentioned last week.  Leon White was present when Constables Cunningham and Wilton were called to Diane White's house about Lenny Spowart assaulting me, Diane told police she witnessed it and also that Spowart had recently released my horse on the road three times and rung the Council animal control officer claiming to be "Mr White" - Spowart is delusional and police are refusing to charge him and I insist that you write to them about this BLATANT ONGOING CORRUPTION please without delay.  There have been serious threats made on the internet recently inciting me to commit suicide in great detail and threats to harm my horses and we want police to act!

Mrs White and I rang Dept of Corrections a number of times and were assured that Leon would be there to support his mother at the funeral of his uncle and would be granted compassionate leave for this and we want to know exactly why this was refused at the last minute after we had been told it would be granted because we have been told it was because Leon's lawyer [Louise Elder] hadn't provided the paperwork.  The repercussions of the refusal of the request for compassionate leave have been huge and Leon hasn't been fully informed of them yet, but his mother is extremely upset about this and so am I.  Apparently David and Marlene McKenzie of Carterton went to pick Leon up from the prison and were told he wasn't allowed to be released to them - is that because of the rape of the fourteen year old girl that occurred at their "Men's Refuge"?

[- Some information has been withheld regarding the rape of the young girl at the 'Mens Refuge, for legal reasons' -]

Diane wants to make a formal complaint regarding the refusal of compassionate leave (I support that complaint, the funeral was a travesty, and the fact that Leon was locked up and Lenny Spowart wasn't is frankly obscene) - to whom should we write regarding that?

Please confirm that you have no conflict of interest.
Regards
Katherine Raue

__________________________________________________________________

    I received the following response from Louise Elder on 19 December 2012, this is it:

    "yes disclure is on its way

    regards

    Louise"


    ________________________________________

"Dear Louise,
1.   Please email me copies of ALL correspondence and all information on your file.  If you send me a letter, please post it AND email it because of problems with the post (there is a xx High St South and mail is often delivered to the wrong address, and both post and email are often unreliable so sending both ensures I receive at least one copy).

2.   Regarding your letters of 25 January 2013, which I received this morning.  I did NOT advise the Court that you had failed to give me the disclosure at all!  I advised the Court that I hadn't received (or even seen) it.  When I said I hadn't received the list of witnesses, etc, I was referring to the witnesses to the alleged assault on Constable Gallagher - about a dozen people were present and they say that they saw Gallagher assault ME, not the other way around!  I want the list of witnesses to THAT charge - and the other information such as the radio recordings. - Gallagher knows who the witnesses are - he has been interviewing them! 

3.   In particular you are instructed to request ALL INFORMATION regarding these interviews between Gallagher and the witnesses to the alleged assault on him - whether written down or not - and the names of ALL people he has spoken with about these matters.

4.   Please rewrite the letter to the Police - deleting the words in the first paragraph "relating to this charge" - I requested ALL INFORMATION ABOUT MYSELF - not only the information the police might think is relevant to this particular charge.

This request is long overdue and is the subject of complaints to the Ombudsmen, the police are perverting the course of justice by refusing/delaying.providing this information and you are instructed to tell the Court that, and as per my earlier instructions, you are instructed to tell the Court that there is a long history of complaints regarding police corruption against me, much of it involving Constable Gallagher's immediate family, and this matter is a  blatant attempt to pervert the course of justice, it is a blatant abuse of the Court process, it is a blatant attempt to continue the pattern of persecution and corruption against me which has been well documented in letters from other lawyers, and communication with the IPCA, and Constable Gallagher is LYING!

You are further instructed to bring to attention of the Court that there is considerable information suggesting that it may be unsafe for the Court to enter a plea on my behalf according to the evidence that Constable Peter Cunningham appears to have lied in a report to the Court last year (after Court forensic 'nurse' Alison Mulholland corruptly directed the Court psychiatrist to Cunningham) when Cunningham described a fictional (delusional) pattern of behaviour/actions/involvement with police "when she previously lived in Wellington".

This information requires correction and I instruct you to see that it is addressed, and that a complaint is made to the IPCA - when we had a Community Centre we had resources to enable us to communicate - I can't afford internet or stamps, don't have a working printer because police refuse to assist me to recover my property from my previous address, refuse to charge anyone with what are indisputably serious violent offences against me - you are instructed to bring to the attention of the Court that these matters are an abuse of the Court process and are a corrupt attempt to pervert the course of justice by Constable Gallagher and the Masterton police prosecution section - you are instructed to request all information regarding the statements Constable Cunningham made to Dr Justin Barry-Walsh, and to inform the Court that because of the Crown's application to dismiss the charge of perverting the course of justice last year, and the withdrawal of about eight other charges by the police, on the grounds that it wasn't in the public interest, and "the ongoing Court process might fuel her delusions and paranoia" etc, and because of the fact that my doctor will attest to the extremely detrimental effects of the stress caused by this campaign of corrupt prosecutions - including charges the police admitted in Court should not have been laid in the first place - as described in Ken Daniels letters - I require legal aid to take action about the indisputable police corruption and the refusal of the IPCA to address the complaints of me and other lawyers.  You are instructed to advise the Court of these matters.

5.   In particular, I request ALL INFORMATION regarding the attack described at this link, where you will find a witness statement confirming that Gallagher's brother in law smashed a window at my home - in front of a terrified witness and two police officers who refused to act, Gallagher's brother in law smashed the window and made serious threats and was never charged, police corruptly disposed of the complaint AND the witness statement (a copy of which is at that link) and refused to charge the attackers, because they were Gallagher's family, and because Gallagher's mother in law has been having an affair for years with disgraced ex Constable Stephen Wakefield.

There is considerable evidence of a background of personal animosity and illegal abuse of police powers regarding Constable Gallagher and his family against me, and evidence of a personal vendetta against me by Gallagher's family, and considerable evidence that Constable Gallagher has misused his powers to prevent his family being charged for crimes which include a violent attack on me in my home which was witnessed by a person who also witnessed the incident relating to the current charges, which is just one reason why it is imperative to obtain ALL information and NOT just that which police might consider relevant to the current charges.

6.   Please send police prosecutions the following letter:

    Please provide to the writer the following details and information in accordance with the Official Information Act 1982 as set out in Commissioner of Police v Ombudsman (1988) 1 NZLR 385 and information pursuant to your Common Law Duties as set out in R v Mason (1976) 2 NZLR 122 and R v Wickliffe (1987) NZLR 55: 

    1.   All Police job sheets completed by any Police Officer in connection with this case.

    2.   Briefs of evidence of all prosecution witnesses.

    3.  All statements made to the Police by potential prosecution witnesses including copies of any video interviews or any other recordings whatsoever.

    4. All statements or utterances made by the Defendant whether recorded or committed to memory or otherwise preserved whether or not signed or acknowledged by the defendant, and including copies of all video interviews made with the Defendant.

    5. The names and addresses of all witnesses to be called against the Defendant.

    6. The names and addresses of all people interviewed by the Police who can give evidence upon matters that may be helpful to the defence whether the Prosecutor considers such person or persons credit-worthy or not.

    7. Details of previous convictions of prosecution witnesses including any other matters that may impeach their characters.

    8. Details of any physical exhibits including those to be produced at the preliminary hearing and those not to be produced.

    9. Details of all expert reports including reports of technicians, laboratory assistants and all material relevant to forensic enquiries carried out at the behest of the prosecution.

    10.   Copies of any documentary exhibits which may be produced at the hearing including copies of all video recorded interviews of the defendant and any other person interviewed concerning the matter presently at issue.

    11. The name and address of each identification witness known to the Prosecutor whether or not the Prosecutor intends to call that witness to give evidence at the hearing.

    12. A statement of any description of the offender given by each such witness to the Police or the Prosecutor.

    13. A copy of any identikit picture or other drawing made by any such witness or from information supplied by them.

    14. Any other matters that appear to be in the interests of justice.

    This request is a continuing one so that if any information comes to your attention in any of the categories listed above after your receipt of this letter than such information should be disclosed as if it had been on your file when this request was initially made.

    If you are not prepared to disclose any information to us, could you please indicate what that information is and why it is not being disclosed.

I instructed you write to police requesting ALL INFORMATION, and in particular, all recordings of radio communications, and all recordings and all information relating to all phone calls I have made to police, NOT just the "Card Centre report"!

7.   I also instruct you to request all emails about me from the police in particular the ones between Sergeants Basher and Johnson about my website.

8.   I instructed you to make a formal complaint to the Court on my behalf regarding the practise of allowing Liz Harpleton and Gary Wilson to work together in the Court despite the fact that they are in a relationship and are conspiring to pervert the course of justice.  Why have you not done so?

9.   Regarding the letter you claim to have sent me on 12 December 2012.  The letter you claim to have sent me differs considerably to the letter which I actually received from you dated 12 December 1012 - which is a very serious matter as far as I am concerned.  This is further evidenced by your email (below) of the 19th December.

10.   Please email me immediately all communication you claim to have sent me, and an explanation as to why the letter I received differs from the letter you claim to have sent me. The one I received from you states that you are still awaiting disclosure - NOT that it is attached.  I have never received any disclosure from you in the mail, just what you handed me on 17 December, when Diane White and I asked you for an explanation of why Leon's compassionate leave to attend his uncle's funeral was declined, after we were both told it had been approved.

11.   As you know, I showed you a piece of a page of Constable Mia Wilton's notebook when we spoke at the Court, and I instructed that you request all information regarding that matter - which involved Leon White - and in particular a copy of the rest of the statement from me in Wilton's notebook which was taken at 9 Plimsoll St regarding the assault on me by Lenny Spowart which was witnessed by Diane White and all other information regarding that matter, and all other information about the numerous complaints made by me and Diane White about Spowart - which police have corruptly ignored!  Leon and his partner were present when Diane White confirmed to Constables Wilton and Cunningham that she witnessed Spowart assault me and Wairarapa police are corruptly refusing to take complaints from victims and corruptly abusing their powers to persecute victims and evidenced by the considerable - and growing amount of correspondence confirming that from other lawyers.  You are instructed to bring this to the attention of the Court.

12.   Please send me a copy of the letter signed by me, Diane White and Marlene McKenzie, along with a response.

13.   The witness list, etc, I requested related to the charge of assault on Constable Gallagher - there were about a dozen witnesses to the incident, all in close proximity to me when the alleged assault occurred, Gallagher has been talking to these witnesses about the incident and I want ALL INFORMATION regarding these conversations between Gallagher (or any other officers) and the witnesses, because the witnesses tell me that they informed Gallagher that the only assault they witnessed was HIS assault on ME!

Yours sincerely
Katherine Raue

____________________________________________________

The charges were corruptly laid.  That's why the prosecutor wouldn't call Constable Gallagher to give evidence.  That's why the first thing the prosecutor did was withdraw the charge of assaulting Constable Gallagher - the alleged "triggering offence" - because as he said, "Constable Gallagher accepts that no assault took place" - I request a copy of the transcript of the evidence please, this is a very serious matter, it's having a very serious effect on my health, and it's evidence of a clear pattern of corrupt, malicious and vexatious actions against me by certain local police officers.  The recent response to my other requests under the OIA and Privacy Act was a few pages of computer printouts and a covering letter saying "this is a composite dummy file because your files can't be located" - this is outrageous corruption, just like Det Mark Mchattie throwing the child abuse files away - nothings changed regarding the Wairarapa Police culture of abusing the victims and covering up for the real criminals.

And this is why the Police have just advised me that they're intending to give "Hearsay evidence" at the upcoming rehearing - because they couldn't have me cross examining ex Constable Paul Dallinger about the time that he and Constable Harvey Pope kicked in the bedroom door of a fourteen year old girl and charged me with swearing at them - an allegation not supported by the witnesses - the mother of the fourteen year old made written complaints about Police storming into her house and bashing in doors because I wasn't wearing a bike helmet or I allegedly swore at them.  The prosecutor knows that I'd cross examine Constable Dallinger about the fact that he and Constable Pope kicked in this door and assaulted me, handcuffed me and locked me up for hours subjected to appalling treatment amounting to torture, after assaulting me on the street and taking a bicycle I was riding in response to a telephone call from a person who specifically stated several times that they didn't want to make a complaint.  What a travesty of justice.  The Police prosecutor also knows that I will cross examine Constable Dallinger about the fact that he responded to a complaint that I made to Police about the theft of $60 from my bank account by staff at Smith Hare and Christison, the complainant referred to in the trespass rehearing, and that like Constable Gallagher, Constable Dallinger ignored my complaint and set about trying to find something to charge me with instead, like trespass.  This rehearing is a waste of tax payer resources - Police are abusing the Court process and acting with contempt for the Court and contempt for the law, because they know they can get away with it.  i request that the Court order the Police to provide the information requested in accordance with the Criminal Disclosure Act the OIA, Privacy Act and any other relevant legislation.

Most respectfully,
Katherine Raue.

Wednesday, March 6, 2013

Charges dismissed after lengthy defended hearing - IPCA complaint imminent:

My hearings eventually started at about 3:45 p.m. today - the last train was 3:40 so I missed that, and had to bike back from Masterton again.

All charges were dismissed after the Judge found that there was no case to answer - AGAIN - and the Court Manager,Mark Elliott, was ordered by his supervisor to hand over the postal articles he's been refusing to give me

Judge Behrens and the Court staff were great, it was really really stressful but the right outcome so all worth it. Will now request the written decision and proceed with a complaint to IPCA about the actions of Constable Gallagher, and Sgt Wilson. I was really ill yesterday, managed to get about two hours sleep the night before Court, felt sick all day with really bad stomach pains later (- the water jugs at the Court were filthy and the water tasted disgusting). Judge Behrens was great as usual, throughout a challenging hearing.

Lawyer Louise Elder apparently didn't inform the Court OR legal aid she wasn't representing me any more because she was on the Court list as my lawyer but there was no sign of her - no surprise really, lawyer Ian Hard hurried out of Court in case he was asked to represent me, after he was present when an adjournment was granted to Police after Prosecutor Jodie Lawrence correctly pleaded a conflict of interest to Judge Hobbs, but then acted as Prosecutor at the subsequent fixture - which was held in a old supermarket building with a shipping container (after formerly being held in a caravan parked outside the Courthouse) out the back although nobody bothered telling any of the defendants Court had moved - and duty solicitor Jock Blathwayt tried his usual excuses but was told to man up and give me some assistance, he was as unhelpful as possible, as usual.


Also as unhelpful as possible was local Police sergeant Warwick Burr, who refused to accept a witness summons for Constable Kevin Brown, who had been obliged to warn witness Barry Dixon for threatening and assaulting me on several occasions - Sgt Burr and Garry Wilson corruptly boasted how Constable Brown had been sent on "a training excercise" - fully admitting that they knew he was required as my witness because they'd been informed of that!

There were also a large number of issues about disclosure and other information requests to which we've received no response, etc - I haven't seen Constable Gallaghers notebook entries for example. I elected to proceed with the hearing regardless, and represent myself, making it clear that I would appeal any conviction that might eventuate and there would be very good grounds to do so.  I don't like to waste the time of the Court - unlike local police!

The hearing took a couple of hours, prosecutor Gary Wilson - who has a long and well documented history of corrupt, failed prosecutions against me - began by trying to cut a deal, saying that he and Constable Gallagher accepted that no assault on Constable Gallagher really happened, and that if I pleaded guilty to assaulting Kathryn McIraith they'd withdraw the charge of assaulting Constable Gallagher.  Of course I refused - I'm not going to plead guilty to assaulting someone when I didn't! This isn't some sort of game! So off we went, with the prosecutor calling Ms McIlraith to give evidence.

I cross examined her, and her so called 'evidence' fell apart from start to finish as she lied, and contradicted herself, and displayed (and was forced to admit to0 her nasty, aggressive, delusional nature,, then Wilson tried to tell the Judge that was the end of the case for the prosecution. Constable Gallagher insisted that Wilson call another witness, Barry Dixon. The word "hillbillies" comes to mind when thinking about these witnesses. Their confrontational and aggressive attitudes were plain to see - as did their propensity to contradict themselves and try and lie, and manipulate the truth. As I cross examined Dixon his evidence fell apart exactly like McIlraith's had.


I was the one who rang Police about the incident, nobody else, and that was because I was the one who was assaulted, nobody else.  Thankfully Judge Behrens saw through the prosecutors lies.

Constable Gallagher never did give evidence, I was dying to cross examine him, but Wilson wasn't silly enough to call him up and swear him in and let me question his fictional stories.  
That's why the first thing Wilson did was withdraw the charge of assaulting Gallagher - he knows perfectly well what I'd say if I ever got the opportunity to cross examine Gallagher!  I published the information at that link the night before the hearing - late.  Wilson didn't even want to call his second witness, Barry Dixon because he knew how totally unconvincing he was!  He announced that he had no more evidence to offer then Gallagher insisted that Dixon be called, which was the final nail in the coffin of the case for the prosecution!  - And the evidence that the police prosecutor is perverting the course of justice again!


Judge Behrens reminded me that I didn't have to, which on reflection, was an indication I think that he was of the view that the police had failed to prove the case for the prosecution on the basis of the evidence given so far (for the prosecution). If there's no case to answer a defendant doesn't have to defend it. |

Never one to miss out on an opportunity to talk, and wanting to leave no stone unturned and avoid any risk of having to appeal one of Judge Behrens's Judge Behrens decisions again, I elected to give evidence myself. I'm innocent, I put the facts about what occurred on the internet at the time it happened because I had nothing to hide.  (Williams J, who heard my Appeal in the High Court, made special note in his decision that I had no criticism of the way Judge Behrens conducted the hearing I was appealing, which was conducted in my absence, after the date and place of the hearing had BOTH been changed and I hadn't been advised, and with the same police prosecutor who had obtained the permission of Judge Hobbs to have the formal proof hearing adjourned at the last hearing of the matter because she felt that she had a conflict because she is a friend of mine, which is correct, Judge Behrens was deliberately mislead, almost certainly by Liz Harpleton, and Mark Elliot).

I swore on the Bible, and told the Court what actually happened. Before that I had only been allowed to ask questions of the witnesses, not actually say anything else. I got quite good at saying "I put it to you that this and that happened . . ." though when I was cross examining them. Anyway I told the Judge what happened and then of course Wilson got a chance to cross examine me. I just kept telling the truth. I established that there was a background - Dixon was a right dork - every time I asked him a question he'd try and refuse to answer it, saying it was "irrelevant" - I had to remind him several times that it was up to the JUDGE to decide that, not him. The Judge had to tell him AND McIlraith to answer the question on numerous occasions. It was disgraceful to see how low the police stooped regarding these witnesses - anyone could see what a travesty the police's case was!  I pointed out that it had been ME who called the police, not the complainant, because I was the one who had been assaulted, not her, which is why she didn't contact police and I did - it's hardly rocket science.

Judge Behrens then gave his decision, which was short and sweet, that the prosecution had failed to prove there was a case to answer and the charges were dismissed.  This post will be updated.  Here's how your taxes are being wasted - pursuing malicious vexatious vendettas by corrupt cops like David Gallagher!






The Crimes Act 1961 says this:

Crimes Act 1961 - Section 110 False oaths

Every one is liable to imprisonment for a term not exceeding 5 years who, being required or authorised by law to make any statement on oath or affirmation, thereupon makes a statement that would amount to perjury if made in a judicial proceeding.

Crimes Act 1961 - Section 115 Conspiring to bring false accusation

Every one who conspires to prosecute any person for any alleged offence, knowing that person to be innocent thereof, is liable—
(a) to imprisonment for a term not exceeding 14 years if that person might, on conviction of the alleged offence, be sentenced to preventive detention, or to imprisonment for a term of 3 years or more:
(b) to imprisonment for a term not exceeding 7 years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than 3 years.
Compare: 1908 No 32 s 136
Section 115(a): amended, on 26 December 1989, by section 3(4) of the Abolition of the Death Penalty Act 1989 (1989 No 119).

Crimes Act 1961 No 43 - Section 116 Conspiring to defeat justice

Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

This matter is the last of a lot of charges which have been corruptly instigated as part of a politically motivated campaign of bullying and corruption, abuse of power and position on the part of politicians and public servants, the judiciary, and others in positions of fiduciary responsibility to the public in general and victims of crime in particular.

Ex Constable Gallagher might be "unconcerned about that matter" and about the submission containing the announcement of the decision of the prosecutor to offer no evidence.  I am very concerned about it - it was a deliberate decision to proceed with all of these prosecutions against me in the absence of any evidence that there was even a crime committed let alone that I might have committed it.  The prosecutor and Constable Gallagher knew that there was no evidence in the first place.

More on the background to this matter can be found at the following links:

http://kate-raue.blogspot.co.nz/2012/12/your-dna-can-now-be-taken-by-force-for.html