"I have received the initial disclosure from the Police about your case and enclose a copy for you to read through."
"I am in the process of obtaining full disclosure from the Police about your case."
Subject: Court date, disclosure, etc
I haven't received the disclosure that you said you'd scan and send, which really upsets me. I insist on receiving copies of every single thing on the file as soon as you receive it please, copies of emails regarding these matters, etc.
Please advise when I have to be back in Court
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.
Please confirm that you have no conflict of interest.
I received the following response from Louise Elder on 19 December 2012, this is it:
"yes disclure is on its way
(These matters and others were discussed at Court with Louise Elder, at each of my appearances, and on other dates when I spoke with Louise at Court when I was there supporting other people.) On 5th February 2013 at 8:47 a.m. I sent Louise Elder this email, which was also sent to Kelvyn Alp, Benjamin Easton, Vince Seimer, and Maria Van Der Meel:
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.
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.
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.
I've received no response to this email. On 22nd February 2013 I wrote to Masterton Court Manager Mark Elliot requesting that he send me two postal articles which he alleges he sent me and he alleges were returned undelivered. He arrogantly and rudely refused to do so, which caused me to have to write to the Manager of the local Courts:
Mr Frenley wrote back:
"Dear Ms Raue
According to our records you have 2 upcoming Court appearances. The first is tomorrow morning at 10.00am at the Masterton District Court hearing centre at 4 Church Street, Masterton. This appearance is for a Criminal fixture hearing concerning charges of common assault and assault on the police.
The second appearance is at 10.00am on 17 April, again at the Masterton Court at the hearing centre in Church Street. This date is for your rehearing on the trespass charge.
I have forwarded your request for a copy of what was recorded by the Judge at your last fixture. I have assumed that you are referring to the status hearing appearance for the assault charges as this was in front of Judge Hobbs and that you want a copy of the converstaion of the hearing and decision in Court. The Masterton Court will follow up on this request and get the transcript to you as soon as possible. If this is not what you want, and you only want what the Judge wrote on the Court file, can you ask the Masterton staff tomorrow when you are court, and they should be able to supply you with a photocopy.
Lastly there are your comments concerning your lawyer. The District Court does not get involved in issues between lawyers and clients. If you have a problem with your lawyer, I suggest you lodge a complaint with the local branch of the Law Society. With regard your issue of getting another lawyer, again the District Court does not get involved in this matter. If you are on legal aid, then this is a matter you have to raise with them. Neither the Masterton Court or myself can get involved in these processes or issues concerning lawyers.
"In respect of complaining about the IPCA, there is no process I know of short of the High Court in litigation.
However a new Authority is about to be appointed Sir David Carruthers previously Parole Board Chairperson, and before that Chief District Court Judge.
You could complain to him that his staff have not done their job, as a new broom he might be interested.
Given . . . changes in Legal Aid funding I should advise you I am not going to be able to take your case on legal aid.
I have been doing criminal legal aid files for some time, but with the introduction of fixed fees and the associated administrative burden now required for legal aid, in order to make a living I am forced to reduce the amount of legal aid cases I can do.
Partly as result of this tightening in the year ended March 2011 , i.e. 12 months ago and that I had my worst year ever earning less than the average wage, $50,000, as a result I have been forced me to reconsider the number of cases on legal aid I can take.
In the civil area, where your case falls, the paperwork required from the Legal Services Agency is onerous.
It is does not surprise me that of 4000 lawyers willing to take legal aid prior to 31 December 2011 now only about 2000 will.
I regret given the time delay and still not having all your files, and the new legal aid regime that trying to take on your case requires more time than I have.
Regrettably the payment offered form civil legal aid (which you of course are likely to be required to repay) does not provide a fair reward for work done.
Whilst I do not like to reduce the decision to a financial one, I regret having to be more selective in taking legal aid cases, and have turned down 10 in the last month, your potential case is not even ready to be considered and in addition to financial considerations I regret I don't have the time.
I will return your files.
The last letters I received advised me that the Authority was refusing to photocopy the brief communications between the Authority and my lawyer and refusing to communicate with me, this isn't good enough.
Mr Appleby's complaint referred to letters from other lawyers such as Ivan Young-Gough and Ken Daniels regarding the fraud, particularly one payment to a single individual which involved money taken from several different bank accounts, each representing separate entities which had nothing to do with the one the alleged 'claim' was against - a clear case of criminal fraud!
- Further to Judge Borrin’s letter of 9 December 2005 (a copy of which is attached for your convenience and ease of reference), I write to confirm that all of the five charges have been thrown out by the District Court, and partial costs awarded against the New Zealand Police.
- I attach some relevant documents in connection with Mrs Raue’s complaint.
- Further background to the history of the treatment of Mrs Raue by the Masterton Police is the letter of 26August 2004 from Mrs Raue’s previous counsel, Mr Ken Daniels, to the Police calling their attention to what Mr Daniels himself believed to be fraud at the Carterton Community Centre.
- The only response to this letter seems to have been the brief e-mail dated 26 April 2006, from Police officer Murray Johnston, admitting that he couldn’t remember Mr Daniels letter, that he couldn’t locate the file, and scoffing at any allegations which might have been made in the letter from Mr Daniels, even though he couldn’t even remember receiving the letter. The e-mail states: “Any such allegation by Kate against the Community Centre management would take a very low priority from a Police perspective. Her allegations about the Community Centre have mostly proved unfounded, emotive and simply not credible”, even though Mr Daniels is a Lawyer, and had expressed his concern at what he himself believed to be fraud.
- The Masterton Police have, apparently, made no further investigations into Mr Daniels’ concerns about the fraud, nor do they intend to do so from the tenor of the email. This obviously requires further investigation by the Authority and constitutes a separate complaint.
I request an urgent review of the manner in which these complaints have been dealt with, and the ongoing corruption and refusal of police to acknowledge or investigate my complaints.
I also wish to complain about the refusal of police to provide all information they hold about me as requested, the recent assault on me in front of two witnesses by Constable Mia Wilton and her refusal to take my complaint and the manner in which she ripped the notebook out of my hand and assaulted me as I was trying to make the statement and her refusal (and that of Constable Cunningham who was also present) to take a statement from the witness regarding the assault on me, and the deliberate release of our horse onto the road, by Lenny Spowart recently.
There are a number of other outstanding matters which need to be addressed and I request a meeting with an investigator. Lawyer Ken Daniels offered to act as facilitator but that offer was ignored, Mr Alp has offered to facilitate and witness the meeting in order to disprove these allegations of "incoherent dialogue".
I look forward to your urgent response.
I received this response:
Good Afternoon Ms Raue,
Although your email below contains no reference numbers or dates, a search of our records indicates that there are no matters outstanding; and that all your complaint files have been closed; and you were notified in writing of the outcome or decisions of the Authority at the time they were closed.
Complaint Management Team IPCA
"And I notified you at the time, and repeatedly ever since, that the matters referred to in red below [in bold type, above in this post] have NOT been addressed by the Authority and - they have been ignored - like numerous other complaints! These specific complaints, and the evidence of the corruption and incompetence of the so called "investigation" are at this link: I repeat my request for a review! To whom do I complain about this blatant corruption?"
Good Afternoon Ms Raue,As explained in yesterday’s email to you, although your email of 10 August 2012 (below) contains no reference numbers or dates, a search of our records indicates that there are no matters outstanding; and that all your complaint files have been closed; and you were notified in writing of the outcome or decisions of the Authority at the time they were closed.In response to your query about complaining (we assume about the IPCA), you may wish to obtain professional legal advice on what options, if any, may be available to you. That of course is a decision which is entirely for you to make.Complaint Management Team IPCA
Which brings us back to Mr Ellis's letter above. It's like being at the Mad Hatters Tea Party. The Police and the IPCA are clearly corrupt and incompetent and are using our taxes to rip us off, bully and abuse us, and blatantly pervert the course of justice because they know that lawyers won't help us.