Filed at:
Wellington File reference number:
In the matter of an
Application for a Declaration, for Relief, and for Orders of
mandamus, certiorari and prohibition.
In
April 2009 I received a letter from the Board
of Trustees of the South End school
in Carterton, where I worked establishing gardens at the school with
the students, teaching the children to grow their own food (and cook
it, store it and trade it) instead of relying on the handout
mentality, teaching them basic life skills, as well as a very
successful holiday program teaching a wider range of skills, as well
as delivering a very effective suicide prevention program.
The letter from the Board of Trustees
states that the Board had recently received information that I had
been recently charged by the Police with an offence involving a
child, and it requests that I cease my work at the school on the
basis of that allegation, which is false.
I believe that the fabrication and
dissemination of the false allegation is deliberately malicious, and
that attempts to defeat justice regarding this matter amount to
serious corruption. This view is shared by a number of senior
professionals who have been involved or consulted in regard to these
matters, including a number of lawyers and health professionals, who
have expressed their concerns in writing.
The letter further states that should
the charge – the non existent charge – be withdrawn, or should I
be acquitted of it, the Board would be happy to reinstate me.
I was most surprised to receive this
letter because I had received a visit from the Deputy Principal,
Dallas Powell, several weeks earlier. Ms Powell and I were
friends
prior to her involvement in this matter, and the purpose of her
visit to me was to discuss the fact that the Police had provided
information to the school about me which Ms Powell believed to be
untrue – which I confirmed.
During
this visit Ms Powell stated to me that this allegation was being
discussed among staff and members of the Board of Trustees at the
school, and in the community apparently, following information
provided directly by local Police
officers – FALSE information – namely, that I had recently been
charged with an offence involving a child.
I have never been charged with an
offence involving a child in my life and I can certainly prove that,
and have the evidence to do so, and I told Dallas Powell that very
clearly during this visit, which was prior to me actually receiving
the letter.
In fact, I decided to check, and in Ms
Powells's presence I rang the Masterton Police Station Prosecution
section and asked whether there was something they hadn't told me
and whether in fact they thought they HAD charged me “with an
offence involving a child”, or whether they had any plans to do
so. They confirmed that I was correct and that no such charge
existed.
The letter from the Board of Trustees
was delivered to my letterbox without a stamp on the envelope,
several weeks after it was dated. There had been no other
communication between the school and me during the time between the
visit from Dallas Powell and the receipt of the letter and Dallas
Powell clearly understood that the allegation which she put to me
verbally was totally untrue and that I had NOT been charged with an
offence involving a child EVER, let alone “recently”. She told
me that she would pass on what I had said to the Board and staff at
the school, and I assumed that was the last I would hear of the
false allegation, until I received the letter.
There is evidence of communication
between the Police and other key parties involved in these matters,
there is indisputable evidence that the Police gave that false
information to the Board of Trustees, not me.
Dawn Swan of the Privacy Commissioners
Office alleges that I told the ex Principal of the school that I had
been recently charged with an offence involving a child – which is
arrant nonsense and nobody in their right mind would believe her
preposterous suggestion!
Dawn Swan's corrupt cover up of this
matter amounts to a deliberate attempt to defeat justice and pervert
the course of justice!
Both Dawn Swan and the parties
representing the South End School have been deliberately lying
regarding the source of the information in the face of the
indisputable evidence that it came from someone other than me.
There is considerable evidence that I
have been unfairly and unjustly persecuted, and slandered and
defamed in a corrupt and unlawful manner by the parties to this
matter, and that the respondents have deliberately conspired to
defeat the course of justice regarding these matters and that
certain parties to these proceedings have obtained a pecuniary
advantage from the ongoing and corrupt investigations into these
matters. The fact that a representative of the Office of the
Privacy Commissioner is lying to this extent is a matter of extreme
concern!
Immediately upon receiving the letter
dated 25 March 2009 I went to the school and informed the Principal
and the school Secretary that the allegation was untrue, requested a
meeting with the Board as soon as possible, and requested that this
information be corrected, and that the specific source of the
information be disclosed to me as well as the manner of its
communication to the Board, and I made requests under the Privacy
Act and the Official Information Act for all information regarding
the matter, and requested information on the school's policies and
procedures, and stated that I wished to make a formal complaint
about the decision to send the letter and the manner in which the
Board had dealt with this matter.
The requests under the Official
Information Act and Privacy Act resulted in very limited information
being provided. The school has attempted to evade all requests for
information and has repeatedly denied the existence of information
which they have later been forced to provide after being confronted
with evidence proving its existence.
The school claimed that any Minutes or
notes regarding any meeting or discussion or communication between
the Board and the source of the information regarding the
allegation, or indeed any discussions or communications or notes or
Minutes at all regarding this matter, had been destroyed or did not
exist. This is BLATANT corruption! It is beyond the bounds of
belief that any evidence of discussion by the Board regarding the
letter I received does not exist and if it has been destroyed for
the purposes of perverting the course of justice – as certainly
appears to be the case according to the EVIDENCE – those
responsible must be charged with that immediately!
There was also certainly no evidence
whatsoever of any 'incident reports' for example, regarding any
concerns about me – none whatsoever.
My good relationship with the school was
certainly confirmed in the final paragraph of the letter, which
states that the Board would be happy to give me my job back if the
charges are dealt with in my favour, and other evidence such as the
annual thank you notes, and invitations to judge the Pet Parade,
attend the morning tea held annually to thank the staff and
volunteers at the school, etc.
The final paragraph – and other parts
– of the letter confirm that I was a valued member of staff and
that my contribution to the school was much appreciated by all
concerned, and that the Board looked forward to resuming my
employment if the charges were withdrawn or I was acquitted. The
non existent charges.
Despite
this the Principal, Rod O'Leary – who has since left not only the
South End school, but the teaching profession entirely and is now
mowing lawns for a living instead – asked me not to come to the
school “until
the matter is sorted out”
and began a campaign of bullying and threatening me when I went to
the school.
I continued to request that a meeting be
arranged between myself and the Board as soon as possible.
The Board has consistently refused to
meet with me or engage in any constructive manner whatsoever
regarding this matter.
Mr O'Leary's manner became aggressive
and hostile shortly after I asked for the information to be
corrected and requested a meeting with the Board.
Further hostile and aggressive action
was directed at me from the ex-groundsman, Thomas Smith (another
well-known local bully) when I subsequently visited the school after
my written communication was ignored. I was physically intimidated
and threatened by both men – both have since left the school after
other complaints about their bullying and dishonesty, and the
failure of their Court case against me.
I informed the school of my intention to
take the matter to the Employment Tribunal, although I received
legal advice that I should take action in the High Court instead as
this is more than a simple employment dispute – this is a serious
attempt to pervert the course of justice by the Privacy Commissioner
and others – including the NZ Police, who started this trouble in
the first place by spreading malicious and slanderous lies about me,
and the Ombudsmen, who were forced to reopen their “investigation”
after complaints from the public and politicians about this matter,
which is CLEARLY an attempt to pervert the course of justice!
Mr O'Leary and Mr Smith complained to
Police that I called them “thieving crooks” in 2010 but both Mr
O'Leary and Mr Smith failed to turn up to Court on the day of the
hearing – because they knew full well that the charges were
corrupt and without foundation - so I was acquitted when Police
announced that they had no evidence to offer.
Police acted corruptly in even laying
the charge let alone proceeding with it – as they have done
regarding a number of charges since I arrived in the Wairarapa.
Calling anyone a “thieving crook” is not illegal and it was not
even inappropriate under the circumstances, which is why none of the
parties dared to show up for the Court hearing – for which they
should be charged with contempt of Court!
There
has only ever been one meeting between myself and the Board
regarding this matter and that was on 17th
December 2013, I was invited to this meeting by a member of the
Board, Greg Sandall, but was ordered to leave upon arrival by Elaine
Scully, the school secretary, and the current Chairman of the Board
of Trustees. Logan Bathurst. No reason was given
On 17 December 2013 Elaine Scully made
yet another untrue allegation against me at the Board meeting,
alleging that I had not turned up to Court on the day of a hearing –
the Principal and groundsman are the ones who didn't turn up to
Court which is one of the reasons I was acquitted – so Elaine
Scully needs to correct this information, acknowledge that she was
in error – again – and apologise without delay!
She also alleged at this meeting that I
hadn't turned up to a hearing involving the local Mobil garage (who
defrauded my bank account of $60) – she needs to apologise for
that allegation as well, because my appeal was successful, on the
grounds that I was denied a fair hearing because nobody informed me
or any of the other people affected when the Masterton Court moved
from the Council building to the site of an old supermarket and that
was why we 'didn't attend Court' because they moved the Court and
didn't tell anyone. The Judge also ruled that there should not be a
rehearing because I was obviously innocent!
That matter was none of Elaine Scully's
business anyway and it was extremely inappropriate that she refer to
it in the manner that she did – or at all for that matter – it
was a further attempt to slander and defame me to members of the
Board!
Elaine Scully, (the school Secretary,
and the Principal) Rod O'Leary, then added insult to injury by
unjustly sacking the former community garden manager Wayne Rogers,
who had been working as an unpaid assistant to the paid groundsman,
the aforementioned Thomas Smith, until Mr Rogers was unceremoniously
sacked in a manner similar to the manner in which I had been
treated.
Elaine Scully then made this matter
worse by giving a bundle of correspondence regarding the matter to
the wrong child to take home to their mother, whereupon the
correspondence ended up in the hands of a total stranger – which
was a gross breach of Wayne Rogers' privacy and he was rightly
outraged when he found out.
The correspondence was given to the
wrong child to take home to their mother by none other than Elaine
Scully the school secretary. The mother who received it spoke to me
about it, I told her that I had previously employed Wayne Rogers at
the Community Gardens, I consider him a friend, and I offered to
return the correspondence to him and explain to him how the wrong
person had been given it.
Wayne Rogers thanked me for returning
the correspondence to him, and authorised me to copy it and make
formal complaints to the Board of Trustees on his behalf regarding
the manner in which he was sacked and the manner in which his
privacy was breached, which I did.
Elaine Scully actually complained to the
Police that I had stolen the correspondence from Emily Brown's
letterbox which is an outrageous accusation – I can produce the
witness whose child was handed it by Elaine Scully! This is one of
many false and defamatory allegations made against me by Elaine
Scully, who has also been involved in other complaints from students
and their families, she has been forced to apologise for her actions
previously – the latest false accusation she made in December
about me not turning up for Court is another example – it was the
Principal and the groundsman who didn't turn up! - Because they
knew the allegations were nothing short of PERJURY and a blatant
attempt to pervert the course of justice with a vexatious and
malicious prosecution!
Since
2009 the Board – and the Statutory Manager who was appointed by
the Ministry of Education (Ken Wilson) – have refused to engage
with me in any constructive manner whatsoever to resolve this
matter, people associated with the Board and certain staff members –
in particular the school Secretary Elaine Scully – have been
spreading untrue and defamatory and slanderous allegations about me
in the community, and this matter was at the foundation of the
Application
for Judicial Inquiry I filed in the High Court in 2010
– which was apparently discontinued WITHOUT my consent which was a
serious miscarriage of justice. Repeated requests for Mr Wilson's
email address were ignored.
Elaine
Scully and Board member Emily Brown are continuing to spread a
number of other false, slanderous and defamatory statements about me
– including the most recent incident, which occurred at the
meeting on the 17th
December 2013.
Since
2009 I have exhausted every effort to resolve this matter, including
appealing to the Minister
of Education,
the Privacy
Commissioner
and
the Ombudsman.
Dawn
Swan of the Privacy
Commissioners
office continues to deliberately lie in her so called
'investigation' of my complaints – she claimed that there was
evidence that I provided the information (that I had been recently
charged by Police with an offence involving a child) to the school,
which is a deliberate lie – there is no such evidence as Dawn Swan
knows perfectly well! And that is because I didn't tell the school
that the Police
had recently charged me with an offence involving a child – there
is absolutely no logical reason that I would do that and no right
thinking person could examine the evidence and arrive at the
conclusion that Dawn Swan reached. The evidence indisputably shows
that is a deliberate lie, fabricated to defeat justice!
The
Police
told the school that they had recently charged me with an offence
involving a child and it is part of an ongoing politically motivated
persecution against me by the local Police and others which is
supported by a large amount of evidence and professionals opinions
which will be produced to the Court in due course.
The
claim of Dawn Swan of the Office of the Privacy
Commission
that there was any meeting between and the Principal prior to me
receiving the letter at which I allegedly told the Principal I'd
been recently charged by Police with an offence involving a child
is a blatant attempt to pervert the course of justice – no such
meeting and no such conversation – or anything remotely like it –
ever occurred – and the evidence shows indisputable that the
information was given to the Board by the Police themselves in an
attempt to discredit me and conspire with others in the community to
have me unlawfully dismissed from my work at the South End School
and have the charitable program I run there shut down!
The
only communication of any kind regarding this matter prior to me
receiving the letter from the Board was the visit I received from
Dallas Powell prior to receiving the letter and there was no
misunderstanding between Ms Powell and I – Ms Powell understood
that I was telling her very clearly that I had most definitely never
been charged with an offence involving a child in my life never mind
recently, and that if I had been I would certainly know it and I was
prepared to make a sworn statement to that effect if necessary and
obtain any other proof that may be required. She confirmed that the
Police
had provided the information to the school, as does considerable
other indisputable evidence.
The
Privacy
Commissioners Office
refuses to address the obvious evidence that Dawn Swan is lying in
her assertion that I told the school I had recently been charged by
Police with an offence involving a child and repeatedly my
complaints to the Privacy Commissioner about the corrupt actions of
Dawn Swan are responded to with a letter from Dawn Swan, who
continues to corruptly waste tax payer's money – and criminally
offending – by deliberately making a statement that she knows to
be false, then simply fobbing me off in a manner that is simply
blatant and deliberate taxpayer funded corruption.
The
Office
of the Ombudsmen
are continuing to do the same. Correspondence shows a lack of good
faith in their 'investigation' of these matters and a refusal to
engage constructively
and
the evidence and correspondence shows that they also are attempting
to pervert the course of justice – they were forced to re-open the
so called investigation after receiving a letter from a politician
but are now indicating an intention to further pervert the course of
justice in the latest letter regarding these matters from their
office.
The
Minister
of Education
wrote a letter referring me to the Ministry of Education. Repeated
phone calls to explain the futility of that and complain about the
abdication of responsibility have been ignored.
The
Ministry
of Education wrote
a vague and totally inadequate letter which doesn't even begin to
address the problem. Repeated communications to explain the
futility of that and complain about the abdication of responsibility
have been ignored.
The Respondents continue to deliberately
lie regarding this matter and to pervert the course of justice.
Their actions are indisputably corrupt and this is confirmed by a
number of appropriate professionals, and very well documented.
The
remedy sought:
I seek immediate reinstatement according
to the final paragraph of the letter from the Board – I have been
acquitted of ALL charges since the date of that letter. The work I
was doing at the school was vital to the health of our children and
our community – there is currently a Bill before parliament to
“feed the kids” - well I was teaching and helping the “kids”
to grow their OWN food – alleviating hunger, building self esteem,
teaching so much more than just gardening – children learn maths,
science and a lot of other things in a garden – and delivering a
very effective suicide prevention program – there have never been
any complaints or concerns regarding my work apart from the ones I
have been acquitted of and that is evidenced by information provided
by the school, and on the contrary, the evidence shows that my
contribution to the school was highly valued. There is also
currently a lot of talk about bullying – well THIS is bullying and
it must stop.
I seek a full written apology for the
lies told by the respondents in this matter and the humiliation and
distress I have suffered and the damage to my reputation and
standing in the community, and a correction of the information –
including a letter to the Armstrong family – who the Principal
wrote to about their complaint regarding this matter - I seek full
written acknowledgement that it was NOT me who told anyone I'd been
“recently charged with an offence involving a child” - it was a
group of corrupt local LIARS including Police officers!
I seek a full investigation and a
judicial inquiry into this corrupt conspiracy to pervert the course
of justice by the Privacy Commissioner's representative, Dawn Swan,
and others who have been involved in the deliberately false
allegations regarding the so called investigations into this matter,
in particular staff at the Ministry of Education. This matter was
used to corruptly incarcerate me in a mental health institution
accused of having “Delusional Disorder” after a barely qualified
crackpot of a doctor made reference to it in her “reports” -
which have been soundly discredited.
A senior psychiatrist wrote a report
upholding my beliefs and totally refuting the false allegations made
by the junior “doctor” - whoever made up the allegation that I
had ever been charged with an offence involving a child was either
delusional or a very corrupt liar! I insist that the Judicial
Inquiry I filed in the High Court regarding that matter is
reinstated without delay because I did NOT consent to it being
“discontinued” and that was clearly witnessed! The only reason
that it was “discontinued” - by corrupt lawyers - was to further
pervert the course of justice!
I
seek payment of appropriate compensation for damage to my
reputation, humiliation, distress, loss of standing in the
community, vilification and hostility I have received in the
community as a result of the allegations made against me by staff at
the school – mainly the Secretary – and members of the Board of
Trustees, and others including Dawn Swan in particular.
Dawn Swan knows perfectly well that I did not tell anyone I'd been
charged with an offence involving a child and is deliberately lying
in order to pervert the course of justice!
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