"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"

Sunday, August 25, 2013

Lawyer Lynching Labelled “Show Trial”

~ Kiwisfirst

Judge Rhys Harrison
Judge Rhys Harrison
Political oppression against those who exercise their freedom to express critical views of judges is set to play out in Auckland District Courtroom 5.3 on 2 September 2013, where the New Zealand Law Society is seeking to have human rights barrister Evgeny Orlov debarred for privately criticising Court of Appeal Judge Rhys Harrison (pictured).

The prosecution has been five years in the making, has cost Society members almost $200,000 and is largely unknown to the public despite procedural appeals having gone to the Court of Appeal and Supreme Court.

The saga began when Mr Orlov made a private complaint to the Judicial Conduct Commissioner concerning what he considered to be racially tainted views of Maoris and foreigners by then-High Court Judge Rhys Harrison.

Though similar complaints have been made by others against Harrison, Mr Orlov’s complaint prompted then-Chief High Court Judge Anthony Randerson to write the Law Society on Court letterhead asking it to investigate Mr Orlov’s fitness as a lawyer.

The Law Society struggled but eventually came up with nine charges to levy against Mr Orlov. They all centre on “false and scandalous charges” Orlov allegedly made about Harrison in his JCC complaint.

Harrison and Randerson JJ both currently both sit on the New Zealand Court of Appeal.
In a mocking and meandering press release this week, Mr Orlov called the debacle a ‘show trial’, noting the Law Society intends to call no witnesses, while preventing him from calling Harrison or either of the two Judicial Conduct Commissioners as witnesses. Orlov draws a comparison with the 1899 Privy Council judgment ofMcLeod v St Aubyn which found; ” Contempt of Court may be committed by publication of scandalous matter respecting the Court after adjudication as well as pending a case before it. In England committals for such contempts have become obsolete: in small colonies consisting principally of coloured populations they may still be necessary in proper cases”.

Even for a colonial backwater, no witnesses and allowing no cross-examination seem a strange court process to prove ‘false and scandalous’ criticisms sufficient for a legal lynching.
Pertinently, Mr Orlov included a link in his press release to a New Zealand Law Society press release which publicly criticised a conviction in Fiji for quoting a report critical of its courts as “a serious restriction on the right to free speech”. In contrast, NZ Society members’ criticisms in Orlov’s prosecution have been few; generally directed at the financial costs being incurred despite few members knowing what the ‘false and scandalous’ allegations are at the core of the prosecution conducted in their names.

Another lawyer similarly attacked by the New Zealand Law Society sees the current policies of the Law Society being representative of broad apathy in the legal community which has turned to fear. He intoned, ‘ Feareverything, do nothing and, above all, be quiet’ is the adopted credo of lawyers in New Zealand.

The Orlov trial raises broader natural justice concerns by preventing inquiry (as scandalous) into the validity of a complaint he has made against a powerful State actor – a complaint which is not unique. Mr Orlov alleged Harrison J sanctioned Maori children being removed from their parents without hearing – oppressively awarding costs against him personally in violation of UN conventions for representing the parents in a claim alleging the Crown acted without due process. In another case, Harrison J ordered a known paedophile to be the custodial parent where the mother was a Russian bride being deported as a result of her marriage breakup. Investigate Magazine said earlier on this misconduct, ” The most stunning aspect of the whole story, however, is why on earth a man with Paul Copeland’s psychiatric history, a man who raped his own sister and tried to murder his wife with a bow and arrow, a man who enjoyed killing cats in the cruellest possible ways – why such a man would be allowed anywhere near a child“.

Judge Harrison’s brother Geoff Harrison was lawyer for that child.

Judge Harrison also criticised Mr Orlov for not being trained as a lawyer in New Zealand, seemingly justifying his complaint Harrison is xenophobic without any explanation from the Judge for this worrisome judicial comment.

Dr Frank Deliu, a U.S. and N.Z. trained lawyer, expresses similar views of Harrison and has provided the Judicial Conduct Commissioner seven sentencing decisions of Harrison J which cite their “host country” and crimes against “people of New Zealand” as factors in sentencing foreign-born New Zealanders. Dr Deliu is also being prosecuted by the NZ Law Society on the recommendation of Judge Randerson, although the charges are still being determined.

Mr Orlov’s press release invites interested parties to attend the “show trial” which is set to begin at 10 am. With no witnesses and a charge of making false allegations, he has billed it as colonial justice at its finest and asked attendees to accordingly wear black tie and evening dress.

Related Posts:

The Inquiry into the Inquiry into the Inquiry into the Inquiry, how it all happened:

How it all happened - the Inquiry into the Inquiry into the Inquiry into the Inquiry:

Guest writer ~  Peter Matthewson

Once upon a time in a country not far away at all, an obese German multi-millionaire, together with his very attractive wife and their children, a household of manservants, maidservants and security guards, a pair of giraffe statues, 18 Mercedes Benzes, Cadillacs, Rolls Royces and other fancy carriages, and lots of computers, wide screen TVs and pretty pictures,moved into a palace in the Prime Minister’s electorate. To celebrate his arrival the German spent $600,000 on a big firework show for the city. The Prime Minister did not notice the big bang. But the Mayor of the city did. The German even invited the Mayor on a helicopter ride to a party at his palace,and gave the Mayor a lovely little gift of two matching $25,000 cheques for his re-election campaign.  Being a polite man the Mayor telephoned the German the next day to say thank you. However the Mayor was supposed to tell important people about this but he forgot, after all he had so many obese German multi-millionaires giving him helicopter rides to parties in palaces and pairs of $25,000 cheques.

Despite all the pairs of $25,000 cheques he got from obese German multi-millionaires, the Mayor lost the election. But never fear, the next year he was elected to the country’s Parliament, after a top secret talk with the Prime Minister in a cafe with lots of photographers and TV cameras to show pictures to tell all the people to vote for him.  But the German had not forgotten about the pair of $25,000 cheques, and when life in the country had started to go badly for him, he told on the ex-Mayor and now Member of Parliament, or MP for short. So the Police had to conduct an inquiry about the then-Mayor not telling the important people about the $25,000 cheques, however they believed him that he had forgotten. Being a talented man, the German wrote and recorded a rap song about it. As far as I know neither the ex-Mayor nor the Prime Minister bought the record, but neither did I.

Yea, I have jumped ahead of myself.  It turns out that the German was suspected of being a bit of a naughty boy. Before he came to our country he had been accused of taking lots and lots and lots of movies and TV programmes and music, and naughty videos and computer programmes from people who owned them, and loading them up in a cloud. This was rather naughty,although he wasn’t plotting to blow up the White House. Nevertheless some people in America were very upset and got their super-duper Police force, the FBI, to start an inquiry about the German.

But the FBI needed help to carryout their inquiry in our country, so they asked for help from our country’s Police and super high tech secret spy agency, the GCSB. Lots of people in our country had only learned there was a GCSB a couple of years before, when a little posse led by a man with a very long beard had popped one of their big balloons at Waihopai, a place most people had never heard of before the balloon was popped.  Anyway the Police and the GCSB were very excited at the chance to help the FBI with such an important inquiry. That didn’t happen every day. The GCSB jumped at the chance to use their super spying and listening gear, which they usually keep hidden under the big balloons at Waihopai. They assisted the Police by listening to all the German’s phone calls, reading all his emails, and seeing where he went in the cloud. They did all this for a month, helping the Police to know when the German would be home so they could pop round to arrest him.

And so it came to pass one day not long after Christmas,a time when the Prime Minister and the Mayor are away on holiday so there isn’t much news on the TV, the Police and the FBI made their move. At 6:45 in the morning seventy six Police and Armed Offenders Squad officers swooped on the palace and arrested the German. They took him away to a big prison run by a multi-billion dollar multi-national corporation,where despite the profits made by the multi-billion dollar multi-national corporation he was given no soap, toothpaste or toilet paper. What’s more the Police seized his eighteen luxury carriages and carried them away on the backs of trucks, along with his computers, his pretty pictures, and lots and lots of money.

This started a lot of arguing in the Courts. The FBI wanted to drag the German back to America, so he could face charges in Court there for loading stuff up in the cloud. The German didn’t want to go. After a few weeks a kind judge let him out of the jail. And Helen the big boss High Court Judge said it was illegal for the Police to search the palace with a warrant saying go have a look around and take whatever you fancy,so she let him have all this stuff back. But other arguments in the Courts continue to this very day.

But here is where the story gets really interesting. Someone told the Prime Minister that it was actually illegal for the GCSB to spy on the country’s citizens and permanent residents,which the German was by that time. So the Prime Minister said sorry. But he decided he wanted to know what was really going on at the GCSB, under their big balloons at Waihopai, so he called up a very clever woman named Becs, and told her to go and conduct an inquiry into the inquiry.

Becs went away and actually read the GCSB Act and lo, verily it did say quite clearly that it was illegal for the GCSB to spy on the citizens and residents of the country. She also had a good look round the office and under the big balloons at Waihopai. To her horror, she found out that not only had the GCSB spied on the German illegally, they had also been illegally spying on 85 other citizens of the country. Becs also found that, despite the impressive looking big balloons at Waihopai (well actually they look like a pair of big boobs) the GCSB was really a Mickey Mouse outfit. So Becs finished her inquiry into the inquiry and wrote an 85 page report all about it, which she gave to the Prime Minister.

The Prime Minister was truly shocked that the GCSB had been spying on citizens illegally, so he said unto his closest advisers “Oops! Quick, we had better pass a law in the Parliament to make it legal!” Which he did. But I am jumping ahead of myself again. Being a believer in democracy and open and transparent government, the Prime Minister decided that he should let all the people see what was in Becs’ 85 page report, at a press conference where he could be photographed holding the report and smiling reassuringly. But first he gave it to his closest and most trusted Ministers and advisers to read, while he went on a trip to China where he would have lots of photo opportunities to smile with rich and important Chinese people.

But while the Prime Minister was away treachery was afoot. Somebody leaked a copy of Becs’ 85 page report to a news reporter named Andy. She was chuffed to get it, and although it took much of the afternoon to read it she wrote a headline story all about it on the front page of the capital city’s morning newspaper. There was no photograph of the Prime Minister holding the report and smiling reassuringly. There was no photograph of the Prime Minister smiling with the Chinese Premier.

When the Prime Minister got back from China he was not smiling. In fact he was very cross, and desperate to know who had stolen his thunder by leaking the report to Andy. So he called a man named Henry (just plain Henry, not Henry VIII or Henry IX) and commissioned him to conduct an inquiry into the inquiry into the inquiry. He told all his ministers and officials that they had to give Henry whatever he wanted for his inquiry into the inquiry into the inquiry. Henry set about his task with great enthusiasm. Some of the Prime Minister’s manservants were very eager to help Henry. With the benefit of modern technology they were able to give Henry a log of all Andy’s movements through the swipecard electronic doors all around the Parliament for the previous three months. Presumably this included all the times she went to the parliamentary ladies’ loo, which is of course where ladies go for a leak. They also gave Henry all Andy’s emails, and he found that in the two weeks prior to her story in the newspaper Andy had exchanged 86 emails with Peter D (not to be confused with your present storyteller), who was one of the Prime Minister’s trusted ministers. They had even kept the emails going while Peter D was away in America on holiday. Unlike the German he wanted to go to America.

But Henry had a problem. Before he could officially read Andy’s and Peter D’s emails, he had to get Peter D’s permission. But despite what the Prime Minister had said about his ministers giving Henry whatever he wanted, Peter D refused. He went on the TV and made a passionate speech about privacy, saying “the sole reason why I did not disclose the full content of my emails was because of my strong belief that citizens, be they constituents, members of the public or journalists, ought to be able to communicate with their elected representatives in confidence if they wish, and we tamper with that right at our collective peril.”  Because he would not let Henry have his emails he had to resign as a Minister. When Peter D found out later that the Prime Ministers manservants had given Henry his emails anyway, he was “shocked beyond belief” and “extremely concerned and angry about this gross, unauthorised breach of personal privacy”. Remember those passionate words for later in the story.

Since Peter D wouldn’t let Henry officially read his emails, his inquiry into the inquiry into the inquiry ground to a halt and he could only write a 24 page report. He gave his 24 page report to the Prime Minister, even though it officially told him nothing. Henry’s 24 page report that told the Prime Minister nothing cost the country’s taxpayers about $42,000, even though he hadn't paid the Prime Minister's manservants anything for Andy's swipecard logs and emails. However the Prime Minister has not said anything much about that, even though his party usually does not like spending government money.

However a very important man called the Speaker, who stands up and says "order" while the Members yell insults at each other across the Parliament, was justifiably concerned that the Prime Minister’s manservants had given Andy’s swipecard  movements and emails to Henry. So he referred the matter to the Privileges Committee, a group of very important MPs, to conduct an inquiry into the inquiry into the inquiry into the inquiry. This very week the Privileges Committee all sat round a big table and called Henry in so they could ask him lots of hard questions and tell him off. This was a bit harsh since Henry really had been only trying to do what the Prime Minister wanted and find out who stole his thunder by leaking Becs’ report. Nevertheless one of the members of the Privileges Committee was a minister named Judy. Judy is probably not one of the Prime Minister’s most trusted ministers because she wants his job. So Judy fixed her steely eyes on Henry and said “It was quite a chilling experience to realise that ministers’ and staff’s emails, and their right to privacy, were treated with what I would say was a contemptuous attitude”. Then that very afternoon she voted for the Prime Minister’s bill to make it legal for the GCSB to spy on the citizens of the country.

For indeed, while all these inquiries had been going on, the Prime Minister had introduced his bill to make the GCSB spying on the country’s citizens legal, into the Parliament. Many of the people didn’t like the Bill, because like Peter D and Judy they valued their privacy. They were scared about the power the Bill gave to the GCSB, and to the Prime Minister who is in charge of the GCSB. Lots of very respected and clever people who know what they are talking about spoke out against the bill, including the Law Society, the Human Rights Commission, the Privacy Commissioner, a famous constitutional lawyer and the former director of the GCSB. The obese German multi-millionaire spoke out about it too. However the Prime Minister said that they were all wrong and tried to distract the people by talking about fish.

And so the fateful day of the final vote in Parliament came. Even with the ex-Mayor and Judy and all his other ministers and party members voting for the Bill, the Prime Minister still needed one more vote to pass it into law. So who should he turn to but Peter D. The reader will remember the impassioned speech he made to the TV camera when he wouldn’t let Henry officially read his emails, and the even more impassioned speech he made when he found out Henry had got them anyway. But even though the reader will remember, Peter D seemed to have forgotten. And so he gave the Prime Minister the one vote he needed to pass the Bill into law. Perhaps Peter D and the Prime Minister will have a nice private chat in a cafe with lots of cameras next time there is an election.

And that is how it became legal for the GCSB to spy on the citizens of the country, with warrants just signed by the Prime Minister and the Commissioner of Security Warrants, a nice retired judge chap the Prime Minister calls up when he wants to commission a security warrant. And here is where the story must end, before the GCSB starts reading it.

Wednesday, August 7, 2013

Don't spook the herd:

- Emmerson

So the GCSB Bill is supposed to spy on New Zealanders to protect our economic well being, but Fonterra managed to hide the contamination scandal from the government for about six months, while the government was more interested in what Kim Dotcom was doing and what Winston Peters text messages and Andrea Vance's emails said.

Meanwhile, revelations continue to astound the population, the latest being that Fonterra supplied contaminated milk product to a school.

Tuesday, August 6, 2013

Wellington protest against the GCSB Bill - 27 July 2013

The nationwide protests against the GCSB and TICS bills - and the implications of the TPPA and other recent and pending legislation were well attended - New Zealanders turned out in force for the Wellington event, which was covered by independent journalist Frank Macskasy and others.

Unfortunately the event was hijacked at the last minute by a couple of amateur "activists", Billy McKee (convicted recently of supplying large amounts of cannabis to undercover police) and Ariana Paretutanganui-Tamati (local political prostitute, formerly a Maori party hanger on, now representing the Mana party - who need to up their game if they want to be taken seriously).  This resulted in attendees being subject to this woman's interminable verbal drivel as she monopolised the microphone and monotonised the crowd with her boring, narcissistic political grandstanding.  Another result of the bullying of her and her 'supporters' was that the crowd was deprived of hearing from other speakers, including the EQC blogger, Marc Krieger, whose address to the protestors is printed below:
"My name is Marc Krieger and I am the EQC Truths blogger.  I too have been a victim of illegal government surveillance because of my willingness to expose official corruption and lawbreaking at EQC.  The New Zealand government illegally spied on me and found out that I was the blogger who exposed EQC’s incompetence, nepotism, and corruption through the EQC Truths blog.

I am unable to be present today in body, but I join you in spirit.  The New Zealand government holds itself to the world as a beacon of transparency yet, in actuality, the government is a bastion of darkness.  The New Zealand government breaks its own laws by spying on its own citizens.

Now the New Zealand government is trying to legalise in law what it has already sanctioned in practice.  The only way to stop the government is if we stand up together and unite.  Governments only get away with things because of the silent majority that fails to speak out and hold its leaders accountable.  To paraphrase FDR, “All that is necessary for the triumph of evil is that good men do nothing”.

Many of us make the mistake of believing that governments are innately benevolent.  Yet governments are responsible for the most heinous atrocities including the mass murder of millions.  The reason governments got away with murder is that they gradually and incrementally usurped the rights of the people because the people were too lazy or terrified to stand up.

In a small country like New Zealand, the opportunity remains for people to stand up and fight.  My message to all of you is to stand together to defeat this evil.  Otherwise, New Zealand will go down the slippery road to absolutely tyranny."

- Mr Krieger and myself were prevented from speaking, so were the group who had prepared the skit about Key and Banks tea party and the fuss Key made about being spied on by a journalist (Bradley Ambrose) (- who Key and Banks had invited to report on the tea party in order to manipulate the election protest and buy media attention).  The point of the skit was to show the crowd that charges must be laid against Key and others for spying illegally on 88 New Zealanders and other criminal actions for which they are legally culpable!  - Not to mention the hypocrisy and blatant double standards of all involved to date! 

Instead, the protest was hijacked by Mana Political Party acolyte Ariana Paretutanganui Tamati, also a relative of disgraced former MP Georgina Beyer, (aka Beyer the Liar), in a manner similar that of Jonathon Elliot and Hugh Barr who hijacked the asset sales protest on

the crowd were told at the last minute (after APT had made her malicious complaints to facebook and blocked me from commenting and posting) that the skit was cancelled and been replaced on the order of ceremonies with "a surprise activity" which turned out to be her rapturously clutching a naked effigy of Peter Dunne and mumbling more incoherent nonsense!

Here are a couple of video clips showing the numbers of the crowd, as well as demonstrating the boring and aimless rant of APT, and some screenshots showing the disgust of other independent witnesses - people following the event on facebook were well aware of the development of the attempts by these two to hijack the event and gain control of it for their own personal and political agenda.

The GCSB Bill will not pass all the way through Parliament this week as had been hoped by the Government. 

The Bill is now in its committee stages, where members of parliament are debating it clause by clause.

The National party and their supporters have been trying to rush this Bill through at every opportunity and prevented the committee from hearing from key submitters on the Bill such as Kim Dotcom, one of the 88 New Zealanders who the government has admitted illegally spying on - Transparency NZ believes there are considerably more than 88 and that the government has been engaging in wholesale collection of information - and DNA from the population for the benefit of foreign governments and corporate interests!

An urgent debate on the Fonterra contamination debacle has delayed the debate further.  The Government will have to wait at least two weeks to pass the controversial legislation now, thanks to the tenacity of David Shearer, Russel Norman and other opposition MPs.  The irony of Conman Key's insistence that the changes to the Bill are necessary to spy on Kiwi mum and dads in order to safeguard New Zealand's economic interests - while Fonterra are found to be mired in incompetence and corruption and seriously jeopardising our economic interests, and MoBIE allegedly didn't know about the botulism contamination for over three months.

Meanwhile - from the truth is stranger than fiction files - you couldn't make this stuff up - after changing his mind more times than fellow political prostitute Georgina Beyer and deciding to support the Bill, after the blatant blackmail and deceit regarding his emails with Andrea Vance, Peter Dunne has called Ariana and her seven supporters "irresponsible scum" for 'protesting' outside his house with a megaphone at eleven at night (- it's his neighbours I feel sorry for) saying that all New Zealanders have the right to privacy - how ironic.  And how typical of APT and her seven mates.  Preventing the very New Zealanders who have been spied on and the information used against them from being heard, and preventing the skit being performed, and preventing the protest being taken to the GCSB HQ on the 27th, in favour of a rambling monologue from a silly tart clutching a naked Peter Dunne doll and eight people making a noise outside some private residences one of which happens to be occupied by Peter Dunne - pathetic!

Fraudster Wayne Patterson - Andrew Kelly, guest author: