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Showing posts with label DNA. Show all posts
Showing posts with label DNA. Show all posts

Tuesday, April 9, 2013

Official Information Act request regarding the unlawful taking of my DNA by force:


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.

Sunday, December 30, 2012

Your DNA can now be taken by force for no reason:

For those like me, who are wondering how we arrived at the point when one corrupt Constable, such as David Gallagher - reviled throughout the Wairarapa for his corruption, incompetence and bullying - by both his fellow officers and the general public - can obtain an innocent person's DNA by force - without having to obtain a Court order, or any sort of endorsement of his blatant attempt to pervert the course of justice, here's the Hansard record of how this Bill got dragged through parliament in the dead of night without being questioned:
Honourable (sic) Clayton Cosgrove:  "I also note the point we made during the debate on the last bill that here we are in the dead of night, quite literally, rushing this bill through a first reading with no opportunity for members to read this legislation at length, analyse it, and debate it."   
"This bill has been so rushed that not only did it fail the New Zealand Bill of Rights Act vetting . . . but also, if one looks at this bill’s regulatory impact statement - "
 “Treasury’s Regulatory Impact Analysis Team (RIAT) has not had sufficient time to assess whether or not the regulatory impact analysis (RIA) for this proposal is adequate.” [Interruption] My colleague said that Mr Power should be ashamed. Well, as we read on, I suspect he will shrink lower and lower under the desk. I go on to quote from the adequacy statement: “However, we”—that is, Treasury—“have briefly reviewed the [regulatory impact statement] and consider that this is inadequate on the following grounds:”. Before I get to those, I say that I am reliably informed by my colleague Lianne Dalziel, the previous Minister of Commerce, who takes great interest in these regulatory impact statements, that this is a prizewinner. This is an absolute prizewinner for how badly put together legislation can be. It is absolutely the prizewinner for us. Here is what Treasury said about it, and I will go back a bit: “However, we have briefly reviewed the [regulatory impact statement] and consider that this is inadequate on the following grounds: a lack of clarity around the nature of the problems with the current DNA testing regime along with evidence (anecdotal or empirical) to support these;”— 
Hon Lianne Dalziel: Not even anecdotal evidence! 
Hon CLAYTON COSGROVE: We are not into news clippings now, like we were with the bail bill. The Minister does not even have news clippings to substantiate his claims around DNA testing. There is no empirical evidence, no anecdotal evidence. Mr Hide, of course, with his new hairstyle and all, will have scrutinised this legislation, being the regulatory buster. Then Treasury goes on to state that the regulatory impact statement is inadequate on the second ground: “limited analysis of the impacts of the options. The analysis of costs is partial,”. Mr Power said that once put aside, these DNA tests—which I am told cost around $200 a pop—will be disposed of. I ask him whether he or another speaker will tell the House what the cost of this is, because Mr Power campaigned on having no bureaucracy, on cutting bureaucracy, on cutting costs, on cutting red tape, cutting the administration, and on cutting the waste. None of those questions, as Treasury has pointed out, are addressed in this.So there is limited analysis of the impact of the options. The analysis of cost is partial. For example, only aggregate first-year costs are estimated, and capital costs are excluded. There is no estimate—this is a cracker—of risks such as those associated with implementation, or of how these will be mitigated. Not only does the Government not know what the Sentencing (Offender Levy) Amendment Bill will cost, not only does it have no empirical or even anecdotal evidence, or news clippings, or perhaps printed matter on some other piece of paper, but the Government does not know what it costs, it does not know what the risks are, and it does not really know whether it will have any impact at all in respect of implementation.Then we get to the last point, and I quote Treasury that the regulatory impact statement “does not report on the outcome of consultation”—yeah, I bet it does not, because the Government has no evidence, and it did not consult anybody, not even the regulatory buster, Mr Hide, haircut and all—“and how any issues raised have been addressed. Therefore the [regulatory impact statement] does not contain the relevant information or level of analysis required for a proposal of this magnitude.” In other words, this should be a blank piece of paper, because nobody really knows what it means, least of all the Minister. No costs, no evidence, no anecdotal evidence, no nothing, no consultation. If the Minister had gone out and talked to some of the stakeholders, maybe even the agencies, even the police perhaps, he may have got some evidence. 
Hon Darren Hughes: He talked to Mrs Goudie about it. 
Hon CLAYTON COSGROVE: I am reliably informed that the anecdotal evidence, such as it is, has been provided by one Sandra Goudie. Again, it points to the classic member down the back here, Mr Hide, being asleep at the wheel—the man who was going to cut red tape, regulation, everything. He was going to do it. “Send your problems to Mr Hide,” he said on Holmes, “Send them to me: I will fix them, I will cut the cost.” He was too lazy, too inept, and too silly to even read the bill."

Corrupt local police constable David Gallagher assaulted me recently after he was called to two incidents in Carterton, one where a woman called Kathryn McIlraith came out of her property and confronted me aggressively regarding a horse belonging to the Carterton Community Gardens (of which I am the Manager).  McIlraith came out of her house as I was filling the horses water bucket.  She stood outside talking loudly, abusively  and threateningly about me with Tracy Scott, the neighbour who rented the other house near the paddock where the horse was (which was owned by the Dulcie Routhan Trust, which had always allowed the Community Garden horses to graze in the small paddock, much to the anger of George Smith, who monopolises all the grazing he can find and actively spreads lies about me such as those spread by his 'partner' Emily Brown - the wife of Smith's best friend - and others on the Board of Trustees of the South End School - that the police have recently charged me with child abuse, etc - which is a pack of lies).  I ignored the abuse of the two women and continued attending to the horse.

Mcilraith then came out her gate, and across a lane way to where I was, and proceeded to abuse me and assault me as I tried to leave - accusing me of cruelty to animals because of the state of the horse's hooves - which needed trimming, which was the very reason I'd recovered the horse from the property where it had been, Rachel Norman's.  

Constable Kevin Brown will be called to give evidence for the defence, regarding his several visits he made to the property to try and get Dixon and Scott to accept that the paddock and the horses were nothing to do with them and they were to leave me alone.  They were apparently under the delusion the paddock was included in their rental of the house - another witness remembers Constable Brown stopping in Lincoln Rd one day and telling me in front of her how it was taking a while to get it through to them that they had no right to be anywhere near the paddock.  There were also witnesses to another such attack on me over the alleged condition of the same Community Garden horse (Patrick) and another one (Flynn) by a local 'riding instructor' called Kerry Race (trading as ACRYSE riding academy or something), who jumped the fence and came into the paddock and confronted me aggressively, refusing to leave or stop shouting her ignorant and threatening abuse.

Gallagher had stopped me in the street a few days prior to these events, and tried to arrest me for allegedly "stealing" the horse after I'd gone to Norman's to collect it as arranged with Katherine Arcus (who had no right to take it to Norman's without my permission anyway).  Gallagher issued me with trespass notices for Rachel Norman's property and some address in High St apparently occupied by one Lenny Spowart aka Kawana, who police refuse to charge with assaulting me in front of a witness who has repeatedly made complaints about him just like I have, who police refuse to charge.  Police know perfectly well that I've never been and am never likely to go to either address apart from the one occasion recently when I recovered the horse as I told Katherine Arcus at the time, and Constable Gallagher was NOT acting in regard to his DUTY when he issued the notices - there was no likelihood - or history - of me going to either address and he knew it, and his actions were purely malicious and time wasting, an abuse of process, abuse of powers and abuse of police time and equipment - much like the police obsession with my website, and Constable Jackson's "Because I can't be bothered getting off my backside."  The NZ Police are out of control because the IPCA, like other taxpayer funded investigative agencies, is seriously corrupt and/or incompetent.

Spowart is a dangerous, violent local methamphetamine dealer and there is no way I would EVER want to go to his house - I've certainly never been anywhere near it and I avoid Spowart as much as possible, and the only reason I went to Norman's property was to recover my horse, which had been effectively stolen, and according to legal advice I received I had every legal right to go and recover it.  Gallagher had no right issuing the notices because he wasn't acting in accordance with his duty or within his jurisdiction, he was carrying out a nasty personal vendetta, local police are continuing to pervert the course of justice and corruptly persecute me as they've been doing since I arrived in the Wairarapa.

An older lady came to me recently to tell me that Spowart and a friend of his, Merlene Chambers/Shedlock, had defrauded her of $1000 reward being offered for the return of a dog the woman had been looking after since it was rescued from the motorway by her son.  Spowart admitted the theft and spent the money on drugs and alcohol and his own bills - he had a landline and a cell phone, his victim had neither, and told me and the police all about Spowart's repeated violence, trespass, breaking and entering,intentional damage, etc, police continue to refuse to act on the complaints, her son and his partner have witnessed police corruptly refuse to allow witnesses to sign statements, etc.  Spowart has served time for serious violent offences, and is very well known to local police such as Constable Kevin Brown, who made it clear that he would like to charge Spowart but his superiors would not allow it.  Spowart assaulted me in front of a witness who told Constables Cunningham and Wilton that she saw him assault me as he was trespassing on her property - and that he had broken and entered and trespassed a number of times and police always refuse to charge him - it's just sickening really.  More on Spowart and Chambers/Shedlock soon.

The horse was nothing to do with Kathryn McIlraith, or Tracy Scott, or Boydy Dixon, or Kerrie Race, who attacked me in a similar manner in another paddock regarding another community gardens horse, and McIlraith had no right attacking me about it or assaulting me, but she did anyway, like these other alcoholics and drug addled, mentally deficient, violent and aggressive idiots.  It was the second time McIlraith had come out of her house and aggressively confronted me regarding the horse - she rented the house near the paddock, and had no business being anywhere near the paddock or the horse or me - all of which were nothing to do with her.  She told me she had made a number of complaints to the SPCA, which was confirmed.  The local vet had written reports etc, verifying the the horses in my care were being well cared for, and I had removed the horse McIlraith was making a fuss about from Rachel Norman's property because it was clearly  NOT being cared for at Rachel Norman's.  I'd only had it back about two days and had not had a chance to trim the horses hooves - which is what McIlraith was raving on about.  As I tried to leave McIlraith assaulted me.  Also present was "Boydy Dixon" - a real low life if ever there was one, and his 'partner' Tracey Scott - who had previously attacked me in the paddock also, incited by George Smith and Emily Brown - who are involved in the matter of the South End School, and the fact that corrupt and incompetent local police informed the Board of Trustees, of whom Emily Brown is (or was) a Trustee, that they had "recently charged [me] with an offence involving a child" which was another pack of lies from the local police and persons associated with the school, either staff or members of the Board of Trustees.  On arrival, Gallagher began abusing me, saying I was "mental" delusional" etc, so I left, this was about nine in the morning.

Later that afternoon - hours later - during which time Gallagher had driven past me several times as I'd been out on my bicycle and made no attempt to stop and arrest me for any alleged assault complaint from Kathryn McIlraith because he knew perfectly well that no such complaint existed and I hadn't assaulted her or anyone else, and that because of the evidence of Constable Kevin Brown, who attended the earlier assault on me in the paddock by George Smith and Boydy Dixon, no such complaint would be upheld; - a pig escaped from somewhere and ended up on the main road, just inside the 100 kmp area, in heavy traffic.  It was a dangerous situation, being a fairly large male pig, so I began trying to get the pig off the road and confined somewhere.  


Not knowing the after hours number of the local animal ranger (or having credit on my cell phone to ring them) I rang the police and asked the operator to send an officer to help control the traffic and assist in the capture of the pig, help contact the local animal control etc.  

Eventually, after some time, Constable Gallagher arrived.  He pulled up, rolled down the passenger window and asked what was going on.  I explained the situation and asked him to help - he responded by saying "There's nothing I can do, I haven't got any equipment to catch a pig."  He started up the car and turned on his indicator as he began to drive away.  I looked at the two eight or nine year old girls with me and said "Neither have we got the necessary equipment to catch a pig, but if something isn't done there will be a serious accident, and as none of these properties we've herded the pig into has proper fencing, it would be a good idea if you would stay and control the traffic if necessary, and ring the Council Animal Control officer."  Gallagher told me to ring the Council Animal Control officer myself.  I explained that I had no credit on my phone and didn't know the number.  He said "Well there's nothing I can do", I said "You could call the Animal Control officer or ask someone at the station to do it, and you could help us try and at least keep it off the road till they get here, it's only a pig, don't be such a big girl's blouse"  - upon which he leapt out of the car shouting "I've had enough of you Kate Raue, you need to be taught a lesson!"  Suddenly as he exited the vehicle he saw other witnesses to what was happening (by this time I'd managed to enlist the help of several neighbours etc to assist) and Gallagher realised that it wouldn't be wise to arrest me because these witnesses might give evidence in Court that I had done nothing to warrant being arrested for - as usual.  He then stood around on the footpath talking to some other people who were watching us trying to capture the pig, as I continued assisting the other group of people to actually capture it or contain it somewhere secure.  The only equipment we had was a rope and horses halter I had with me. 

Constable Gallagher was still talking to the bystanders and leaning on the left hand end of the gate about ten minutes later when I saw the pig emerge from some vegetation and start coming up the drive toward the road again.  I moved the right hand end of the gate slightly in order to get through and block the pig from getting on the road.   The gate was large and heavy, and not on hinges, and there were large sections of the front fence missing so the pig could easily get on the road again if not stopped.  I briefly looked behind me as I moved the gate back into position across the driveway, so as not to give Constable Gallagher the excuse he was so obviously looking for.  There were two young girls and several adults present.  The gate did not come into contact with Constable Gallagher at all, and nor did I.  Despite this, he immediately grabbed hold of me and shouted "That's assault!"  He is a LIAR.  His family have a long history of perverting the course of justice round here and he has no credibility in the community, he and his family are well known for perverting the course of justice - his brother in law threw a rock through my window and made all sorts of threats in front of witnesses - these witnesses were watching when Gallagher alleges I assaulted him, so will be summoned to Court and cross examined accordingly, as we examine Constable Gallagher's credibility and motivation for lying.

He grabbed hold of me, breaking a section off my gold bracelet as he manhandled me, handcuffing me and shoving me around although (as usual) I was not resisting.  As we began to drive to Masterton he called in on the radio - I've instructed my appointed lawyer, Louise Elder, to obtain the recording of the police radios, etc - saying "I've arrested the subject and am proceeding back to Masterton,"  the response was crystal clear:  "Ah, negative, you've been told to leave her alone."  Gallagher responded with "No, I'm bringing her in - and upgrade that job from this morning to 'assault'."  In other words, it had been originally classified as something other than that obviously.  My guess would be 'trespass', referring to his attempt to have me trespassed from the paddock belonging to the Dulcie Routhan Trust, where our community gardens horses have grazed for years, in accordance with the wishes of Dulcie Routhan and the caretaker employed by the Dulcie Routhan Trust.  Dulcie Routhan would be spinning in her grave if she knew what was going on regarding her Trust and her land - being exploited by George Smith and Emily Brown and a few crooked, selfish, dishonest, people.

Gallagher then began a diatribe, beginning with:  "So, am I going to be on your website Kate?" - obviously referring to the obsession of the Masterton police with my website, as evidenced by their emails to each other.

I ignored him for a while but he persisted with his begging for a spot on the website, so I said "Don't flatter yourself.  You're a narcissist.  Make your own website."  I've resisted gratifying his ego thus far, but the abuse of this Act warrants another look at Gallagher and his corrupt mates in the Wairarapa police.  Also I've discovered/realised that when it comes to justice, the truth is like a lion, you don't have to defend it, set it free and it will defend itself.  Gallagher's 'evidence' won't stand up to scrutiny, any witnesses he tries to present will be rigorously cross examined, as will Gallagher regarding his motivation to make up these charges and pervert the course of justice, why his brother in law was never charged for throwing the rock through my window in front of two police officers and other witnesses, why his wife's cousin was never charged with the theft of almost $500 after lying to police about receiving a phone call from me, the involvement of his mother in law with disgraced ex Constable Stephen Wakefield (thrown out of the force after all the allegations of sexual misconduct against him but still contracted by police for driving duties etc  - still got his snout in the trough in other words),

Gallagher then started raving on about how I needed to be taught a lesson about writing about him and his family on the internet, and how he was going to get rid of all my horses like he "got rid of the one the vet put down the other day" because he was an Animal Welfare Officer with statutory powers etc.  I ignored him, so he said "It did get put down, didn't it?"  I continued to ignore him, he said "I know it did, I spoke to the vet."  Whereupon I said quietly "You're delusional."  "What?" he said, "What did you say?"  "You're delusional" I repeated.  He started raving on about how he was going to get "Mental Health" to lock me up again, etc, and a number of other things I wrote down in my diary as soon as I got home several hours later (will copy them to this post soon), after having been informed that because of Gallagher's pack of lies, I would be forced to give a blood sample for DNA profiling.

It's hard to say who was the most shocked at the outrageous breach of civil liberties, me or the doctor called to take my blood by force, Dr Richard McGrath, a member of the Libertarian Party.  It was the first time he'd had to do it and he agreed that it was a most disturbing breach of civil liberties indeed.

That's how I discovered that a Bill was passed in the NZ parliament, in the dead of night,that allows police constables to take DNA by force, without having to even charge a person with an offence.  One corrupt constable can make up a fairy story and your blood can be taken by force.  Welcome to the new police state.

The Privacy Commission expressed the following view in their submission:
"The complete list of imprisonable offences is very long, and includes many offences of a minor nature, such as littering, lighting bonfires and opening mail without permission.  There is no obvious link between an offence being imprisonable on the one hand and the Police being able to obtain a law enforcement benefit from getting a DNA sample on the other. There would also, inevitably, be considerable costs to the running and smooth operation of the programme, if it is expanded to the extent anticipated by Part 2 of the Bill."
This article in NZ Lawyer makes it perfectly clear that Constable Gallagher accidentally stubbing his toe does NOT constitute the the scenario envisaged by the law makers!

Local police have been deliberately covering up serial child abuse for years - many of the local officers went to school here and have alliances and vendettas going back years, they are out of control and literally getting away with murder.  The so called inquiry into the child abuse cover up has been nothing more than a gravy train for all involved in it - the ringleaders haven't even been interviewed and have been promoted instead of tried and imprisoned.

Note the massive discrepancy - I had my DNA taken at the police station by force - before I was charged - but the man charged with raping a 14 year old girl has to wait for a Court Order to obtain his!  "A DNA compulsion order was made by Judge Mill against Fruean yesterday at the court. The accused was due to have his DNA taken after the hearing." 

Welcome to the New Zealand Police State.  A corrupt and incompetent police force to protect corrupt and incompetent politicians.  Politically motivated bullying, as senior lawyers have previously noted.  On a number of occasions.

It's outrageous that after having all the last lot of corruptly laid charges against me dismissed last year, after the corrupt attempt by the local police to have me declared insane and "delusional" ended in disgrace for them after the Crown was forced to admit it had no evidence to offer on the charges!  Funny how the renewal of this corruption - and the resumption of threats etc via the internet coincides with the successful High Court Appeal - the threats bear a remaarkable similarity to those received from Robert Brook, Julian Tyerman, etc, several months ago - of course police could easily track down the offenders if they wanted to but they don't.  Police round here protect the methamphetamine dealers and child abusers and other criminals and persecute innocent law abiding people, and drive them to commit suicide in droves.

 I now have to put up with Gallagher's lies - NOTHING HAS CHANGED regarding the Wairarapa police - they are as corrupt as ever!

Here's the statement of a witness to one of a series of violent attacks on me in my own home by Constable Gallagher's wife Megan's brother Hayden (and others), who came to my house on 28 May 2009 - accompanied by Constable Gallagher's in-laws - and smashed my bedroom window in front of two of Constable Gallagher's fellow officers, corrupt Constables Harvey Pope and Peter Cunningham - who refused to arrest him or charge him (Gallagher's brother in law):



- Despite the witness saying she'd happily answer further questions, she was never contacted by police, who never contacted me again regarding the matter and refused to respond to all my complaints and inquiries regarding the matter, and simply refused to charge Gallagher's brother for this or any of the other offences he committed.

Constable Harvey Pope was also responsible for ensuring that another of Gallagher's relatives, Tracy Lee, was not charged for the theft of almost $500 from a local woman, after Lee lied to police, telling them she'd received a phone call from Gallagher's brother in law Hayden and I, which was blatantly untrue.

We all went to the police station together, Hayden, me, the victim of the theft, and told Pope that it was a lie, Hayden and I had both been at my house at the time, and neither of us had rung Lee as the phone records will confirm.  Police refused to request Lee's phone records or question her claim that Hayden and I had rung her, just like they refused to contact Vodafone regarding the threatening and abusive messages I received from local prostitute Rachel Betteridge.

Pope refused to take statements from us and corruptly refused to charge Lee.  His refusal to obtain or even request the phone records as corrupt as the refusal of Constable Glenn Taplin to charge local prostitute Rachel Betteridge and her husband with sending me messages saying "You need a bullet" and "Watch your back" - charging me corruptly instead when police knew perfectly well I hadn't sent Betteridge any offensive messages whatsoever, and THAT"S why they refused to request any evidence of the allegations by Betteridge and/or myself from Vodafone!  Police prosecutor Gary Wilson must be charged with perjury for misleading the Court into believing that police made any attempt to obtain any evidence from Vodafone - police refused to act on the statements from the two Justices of the Peace who supported my complaints!




- Not to mention the other evidence:



Here's the evidence of Betteridge's PERJURY - in conspiracy with the corrupt police prosecutor and other local sworn and non sworn local police staff:




Here's the statement of her father, confirming that she is lying:

Here's a copy of some of the phone messages to a local lawyer regarding these matters, with the notes saying "Ken to ring/write Police??" referring to my repeated requests to Mr Ken Daniels to write to the police and IPCA regarding the ongoing corrupt harassment and the fact that police continued to refuse to take action regarding the complaints, including Hayden's threats and violence, documented in the witness statement which I delivered to the police station when I went to make a complaint - on numerous occasions - like the totally unwarranted attack on me by Michael Murphy, which Constable Peter Cunningham corruptly tried to cover up.  Transparency NZ exposes evidence of corruption and encourages others to do the same:


"I am pleased at the dismissal of a number of charges against you. That is as it should have been in my view. It was always apparent from an early stage that for whatever reason you were a "lightning rod" for Police attention in Carterton. 
This was, in my view, most unfair to you and unwarranted Police attention resulted in unnecessary charges being laid. On reflection it would have been far better if the Police had been able to discuss any concerns they had directly with you so that those concerns may have been laid to rest in a much more appropriate way." . . . 
"It is clear that there were many unanswered questions from the Police. We never did get full details from them regarding some of your cases. I have been unable to go back to "the matter of the 2004 letter" simply because of the volume of paperwork and the length of time that it would have taken to have researched that matter. 
I do know however that numerous letters were sent to the Police and discussions held with them to try and get some satisfaction in relation to the allegations that they made against you. As I have said, those enquiries were not always met with success."
Lawyer Michael Appleby and several other lawyers also noted serious miscarriages of justice and corruption, in their submissions, correspondence, etc.

Unfortunately though, the lawyers scurry away like rats from a sinking ship, when the money runs out and the gravy train slows down, leaving thousands and thousands of ordinary New Zealanders to fend for themselves in a legal system that resembles the Mad hatters tea party.

So in the interests of transparency, I published on the internet the correspondence between me and the appointed lawyer, Louise Elder, who was on the Court daily list as representing me, but of course, she was nowhere to be seen.  Lawyer Ian Hard couldn't get out the door quick enough when I arrived at Court, Jock Blathwayt nearly had kittens when he was instructed to speak with me as the Duty Solicitor, he rushed off as fast as he could too, as did the newspaper reporter, leaving me to fend for myself against Constable Gallagher, Sgt Gary Wilson, the boyfriend of the Court registrar Liz Harpleton, and their two lying witnesses.