Wednesday 29 June 2016

Since when do Police Commissioners act as judge and jury.




1. Why bother with jury trials?

2. Trials can be rigged true or false?

3. Police can do no wrong...yeah right.

Mike Bush , Judge, Jury and executionor?
1. Are the days of jury trials a thing of the past? Police Commissioner  Mike Bush, who at times acts more like Mike Hosking…or Constable Plod  has decided that he knows who murdered and raped Susan Burdett in 1992. And that person was Malcolm Rewa who just happens to be in jail serving time for raping various woman.
Now it is normal for police to get the evidence of a crime and put that before a jury and gain a convection, that’s normal police practice…at least in most cases.
But it would appear that this system of open and visible justice is just not fashionable these days.

For what seems now-days is common police practice of rigging trials via evidence manipulation and planting, as in the case of Allen Arthur Thomas, and  the confession manipulation actions regarding Teina Pora, where the police were found to be guilty in both cases of corrupt behaviour. [Can anyone name what happened to the guilty police in both those cases, were they demoted or promoted?]

I heard that the Detective who planted the shell casing in the Allen Arthur Thomas case was praised as being a model detective...is that really true or simply a rumour?

The country's top policeman [Mike Bush] has recognised Teina Pora's innocence and has named the man he believes did it.

Mr Pora has been awarded $2.5 million for the 21 years he spent in prison after being wrongly convicted of murdering Susan Burdett, who was raped and killed in 1992 in Auckland. Police accepted 

Mr Pora was innocent of those crimes, Police Commissioner Mike Bush said.

Serial rapist Malcolm Rewa was found guilty of raping Ms Burdett, but two High Court juries could not decide if he murdered her and the Solicitor-General stayed proceedings.
Teina Pora.

But today, speaking outside the Law and Order Select Committee, Mr Bush told reporters he believed he was guilty.

Asked if he accepted that Rewa acted alone in the rape and murder of Ms Burdett, Mr Bush replied: "I believe so, we believe so, yes."

Police sought a legal opinion on whether they could re-open the case against Rewa but were told Mr Pora's innocence didn't constitute the necessary "exceptional circumstances".
"If we could revisit again, we would, but as you know there is a stay in terms of that prosecution, and we have no new evidence in order to put that before the court again," Mr Bush said.

Long wait for police acknowledgement
The Privy Council quashed Mr Pora's convictions in March 2015, and the government this month offered him compensation following a report by a retired High Court judge, Rodney Hansen QC.

Mr Bush's comments confirmed Mr Pora was also innocent in the police's eyes.
"We accept the report in its entirety. We accept Mr Pora is innocent. There is no investigation against Mr Pora," he said.
That news has been a long time coming for Mr Pora. He found out about it from a petrol station attendant when he was filling up his car this morning.

Tim McKinnel, a private investigator who tirelessly fought to clear Mr Pora's name, welcomed Mr Bush's acknowledgement.
"It's been a long time coming. I think Mr Bush has to be commended for saying it. It's taken far too long and I know Teina and his family will be absolutely thrilled that the statement of innocence from the police has been made and it means a lot to Teina, it really does."

Mr Pora's camp had always maintained his innocence was an exceptional circumstance, and he'd like to see the legal opinion stopping police re-opening the case against Rewa, he said.
"I'd hasten to add that the police, it seems to me, have spared no expense and no resource in trying to gather evidence against Teina Pora over the last seven years. It's been pretty extensive and pretty exhaustive.

"What we're keen to find out is exactly what efforts have been gone to, to properly review the whole case and gather evidence against other people, other than Teina."
Mr McKinnel didn't want to comment on the statements from the commissioner about Rewa, apart from saying they were powerful.

Rewa's lawyer, Nigel Cooke, however, condemned them.
"It's an outrageous statement to make in my view ... There's no basis for Commissioner Bush to make that statement. Unless there's something I don't know about or Mr Rewa doesn't know about, he should shut up and accept the fact the case against Malcolm Rewa has been stayed."

Mr Cooke wasn't aware of the comments until RNZ phoned him this afternoon, and he called his client inside prison before responding.

"In my view, it sort of leads to the breakdown of the process of getting matters determined Judicially. I mean, it just takes over. You might as well not have juries and just leave it up to the police."

He planned to visit Rewa inside prison to talk further about Mr Bush's comments and find out what his client wanted to do, he said.

References:

Thursday 23 June 2016

Bite the bullet and get back to work solving real crime.

Anne Hunt reports on the never-ending battle to win in the Horowhenua Lake Rowing Club / Mayoral propped up Domain Board / Horowhenua Police harassment programme nightmare. 

Read for yourself the plea by Alastair Thompson to get the dogmatic and blind attitude of the Police to accept the findings of the various courts etc who have found against the police.

It is this kind of childlike temper displayed by the police that must make us question their understanding of the law. They are like a naughty child throwing a tantrum when told that they cant get their own way... You would think or at least hope that the police can concede when they have been proven wrong over and over. 

They should pull the dummy from their mouths and as the saying goes bite the bullet and get back to work solving real crime rather than cow-towering to the local Mayor and a bunch of cronies. Here is her message... 
  
 "Peter
I liked your latest column so sorry for the belated response.
Been down in the Wellington High Court appealing what should have been the last criminal matter.
Then lo and behold, the police file an appeal of Phil’s acquittal on the trespass charge.
Fortunately I had written to Kelvin Davis some time beforehand, and he sent me a copy of the letter that he had received from Sarah Stewart (police area commander) after she had received the Moss judgement, but before crown Law appealed the acquittal on behalf of the police.
I should mention that Duffy is on the Lake Domain Board.

From: althelion@gmail.com [mailto:althelion@gmail.com] On Behalf Of Alastair Thompson
Sent: Wednesday, June 22, 2016 9:06 AM
To: sarah.stewart@police.govt.nz; HAUMAHA, Wallace <Wallace.Haumaha@police.govt.nz>; Chris.finlayson@parliament.govt.nz; Judith.Collins@parliament.govt.nz; Mike.Bush@police.govt.nz; TeUruroa.flavell@parliament.govt.nz; Metiria Turei <Metiria.Turei@parliament.govt.nz>; Winston.peters@parliament.govt.nz; Kelvin.davis@parliament.govt.nz
Cc: PANAPA, Wayne (Wayne Ingoa) <Wayne.Panapa@police.govt.nz>; Grant Nicholls <grant.nicholls@police.govt.nz>; MCMAHON, Teresa <Teresa.McMahon@police.govt.nz>; Phil Taueki <philtaueki@gmail.com>; Anne Hunt <annehunt@inspire.net.nz>; Mihingarangi Forbes <Mihi.Forbes@radionz.co.nz>; David Fisher <david.fisher@nzherald.co.nz>; Steven Price <steven.price@vuw.ac.nz>; Bernadette.courtney@dompost.co.nz; Corin Dann <corin.dann@tvnz.co.nz>; Karl du Fresne <dufresne@xtra.co.nz>; Gordon Campbell <gordon@werewolf.co.nz>
Subject: Re: Appealing an acquittal!

Dear Chis Finlayson, Judith Collins, Te-Ururoa Flavell, Mike Bush, Wallace Haumaha & Sarah Stewart,

The attached letter from Manawatu Police Area Commander Sarah Stewart's - sent to me by Anne Hunt in Horowhenua -  is Kafkasque, groundhog day on steroids.

After a decade of harassment from the Police, and after yet another judge declares that the legal basis being used by the Police to protect the rowers in the Lake Horowhenua domain is fatally flawed,  rather than accepting the decision and enforcing the rule of law the police have instructed the crown to appeal an acquittal on a trespass charge.

The letter indicates that the police's legal basis for seeking that appeal is grounds which have  been canvassed in numerous court decisions up to the Court of Appeal and have been clearly decided, against the police and the Levin rowers.

Mike Bush...is this yet another police contravention of the law?
Wallace and Sarah, you are both sworn to uphold the rule of law. 

Mike,  it is your job to supervise your police force to ensure that they comply with this prime directive. They are not free to choose which bits of law apply to them.

For reasons unknown over a period of more than a decade I have watched as this dispute at the Lake Horowhenua has been treated by the police as a place where the law of NZ simply does not apply.

Last year I wrote to Sarah and Wallace and seeking the attention of police national office on this matter. 

During the period of our correspondence Anne Hunt's home was invaded the night before she was due to give evidence in a police arranged urgent hearing of the Waitangi Tribunal into matters related to the Lake Horowhenua Domain. It was on the face of it a serious case of intimidation of a witness. And yet the police appeared to be unconcerned about the matter. 

In my letters I asked Wallace and Sarah, or the police communications team, to provide a legal explanation for the Police's efforts to continue to defend the rights of occupation of the rowing club in the building  in the Lake Horowhenua Domain.

In response to these questions no response was ever received. 

Sarah's letter (attached) conclusively shows that the justification that police appear to have relied on for the last few years - but have not advanced to any court -  is simply wrong. Either that or this letter is grossly misleading about the real reasons for police actions. 

The issue of the rowing clubs continued occupancy of this disputed building has been considered in multiple court cases. It has been held to have no basis in law. And yet the police are continuing to act on trespass complaints issued by the rowers - which is the issue in this latest case on a very minor charge which they are now appealing - presumably at considerable cost. 

The police force administer the law. They do not make it. They are bound by decisions of the courts.

The Court of Appeal has declared the Rowing Club's tenancy to be at an end. The building and the land belong to the owners of the lake. 

The Domain Board does not have the power to grant a lease. It cannot have the power to authorise the occupation of a building which does not belong to them by some other means - which is what the Manuawatu District Commander is asserting in her letter. If the police believed this was the case - why did they not appeal the decision of the Court of Appeal?

The acquittal decision which is being appealed is based on several legal arguments the simplest of which is that notice of trespass needs to be issued by someone with authority to issue it. The Rowing Club does not have that authority. The notice was held defective. This is not complicated. The complex issues in this case have already been addressed - by one of the highest courts in this country. 

Why are the police and the crown intervening in what is clearly a civil matter at massive cost? 

Surely if the Rowing Club wants to continue to occupy a building that the Court of Appeal has held they have no right to occupy - then they should hire a lawyer and seek leave to appeal the decision. How is this a police matter?

I have addressed this email to the Solicitor General, the Minister of Police  and the Minister of Maori Affairs because the actions of the police in this case over a period of years have shown they are unable to address it internally. Superintendant Haumaha clearly tried to do so last year and failed.

Anne Hunt and Phil Taueki have experienced a serious case of abuse by police. 

I have addressed this also to the opposition, because in the absence of swift Govt action, it is past time for Parliament to take an interest in this case. The historical significance of Lake Horowhenua his enormous, the massacre of Phil Taueki's tribe was an act of revenge promised by Te Rauparaha in his Haka made famous by the All Blacks.

I have copied it to several senior media colleagues who I know have followed this case fairly closely because Levin remains an invisible backwater for the NZ media. Media attention on this case in the past has helped a little. But as soon as the spotlight moves the Levin Police return to form. I do not think the news media are able to resolve these issues either. 

New Zealand is not a banana republic. 

It is completely unacceptable that Anne Hunt and Phil Taueki have had to fight court case after court case after court case over more than a decade - all of which they have won, sometimes on their own and sometimes with the assistance of generous senior legal counsel Steven Price and Tom Bennion.

I have copied this email to Steven because if the people in positions of high responsibility who are addressed on this email - or their staff - or the media want to find out the legal facts they do not have to rely simply on the word of Anne Hunt or myself.  Steven has a clear understanding of this case, he has represented Phil in several cases and may be willing to answer factual questions on the legal matters involved. That said Anne Hunt and Phil Taueki wil probably need to authorise him to do so. 

Kind regards
Alastair Thompson



On Tue, Jun 21, 2016 at 8:23 PM, Anne Hunt <annehunt@inspire.net.nz> wrote:
Wayne
Out of courtesy to you, I believe you should be aware that the NZ Police Force has appealed Phil Taueki’s acquittal on the trespass charge.
We could not figure out the reason for this, until a politician sent us a copy of the attached letter received from Inspector Sarah Stewart – after Judge Moss had delivered her decision but before the appeal was filed on behalf of the Police by its counsel, the Crown Law Office.
I am not asking for any assistance with this, because I covered the subject of autrefois acquit in my book on a case Dr David Collins QC took to the Privy Council, have  monitored legislative amendments since then, and have the judgements, legal submissions and paper trial necessary to counter any claims the Crown might make.
Prior to the original trial, a lawyer confided that the prosecutor knew there was no case to answer but had been subjected to pressure to proceed.
Presumably that same pressure has led to this absurd appeal!
I am looking forward to filing our response as soon as we receive the Crown’s submission.
Cheers
Anne Hunt





Sunday 19 June 2016

Hooton lost for spin.



Kathryn Ryan puts Mathew Hooton in his Place yet again...

Radio NZ's Kathryn Ryan
Listen to this most revealing interview between RNZ’s Kathryn Ryan and National Party apologist and never ending defender Mathew Hooton and so-called left-wing Labour Party clone Stephen Mills.
It proves yet again how National’s lies and PR spin are coming home to bite their rather large backsides. In the case of Paula Bennett that’s an understatement…
Paula Bennett an ex-solo mum once in receipt of the Solo Mum’s benefit and who took state support via various training schemes who has of late been in the news with various strange and negative events that appear to have been pay-back to those who gave her a hard time.
A little while back she made public the confidential information about two young women who disagreed with her. Her latest leaking of possible police charges against a Iwi employee working with the homeless in Auckland is but the latest of what appears to be a deliberate leak to the media. If it wasn’t deliberate then it was bloody stupid!
These arrogant egotistical tantrums by Key’s pet blood-hound Bennett has led to the Prime Minister moving into damage control mode and publicly toss Paula Bennett under the nearest moving bus by publicly stating ‘That she was wrong to discuss this issue with her staff…” Key lacked the actual guts to admit that Bennett actually leaked the info to the media. So it’s obvious that Key needs some official coaching in spine enhancement tactics. Perhaps he should have a chat with Donald Trump; he is all snake spine and no brain.
It was in this framework that ex-national party employee Hooton, who saw the absolute crushing of National under Bill English [20% of the vote] attempt to justify the behaviour of Paula Bennett. After hearing the interview above, you decide how well or otherwise you think he succeeded.




Here is a reference relating to a confrontational situation between RNZ’s Kathryn Ryan and Mathew Hooton [August 2015] a while back. It would appear that Mathew loses his cool often.

Now, at this point it could be assumed that maybe the wheels are falling off the Nat’s spin machine, Paula Bennett is mincemeat and has stopped kissing babies, Crusher Collins is still recovering from her Chinese Milk powder failed salesmanship exercise, Steven Joyce is still reeling from his huge cock ups in the computer / salary package repair deals, Jerry Brownlee still can’t see his feet, Bill English believes in the tooth fairy, Hekia Parata has fallen out of favour with State schools and in love with Charter schools especially those that fail to achieve agreed standards. All of these outstanding failures are led by the infamous pony tail attacker and father of NZ’s latest celebrity teenager Max and unknown naked model artist Paris based Stephanie.

Yes poor old Mathew Hooton, along with egotistical Mike Hosking and spooky TV 3 flop Paul Henry will all need to pull out all stops to defend what appears to be a crumbling bunch of over rated Hollywood style cardboard replica images.  

Friday 17 June 2016

Two events that should shock the world.



1. Torture US style. 


Yes it is true, it can take many years’ even decades to get to the truth, to get justice for those persecuted, tortured etc.

It took the second world war to bring the Nazi criminals to justice, Israel spent years locating and bringing to justice one way or another those who had tortured and murdered Jews and others on a massive scale.

If you consider they were correct to do so…then you must also feel that others who ignore the law and officially sanctioned torture, murder and selective political assignation should also be made to pay the price.

If you do then you must be pleased that at last there are US citizens brave enough to stand up and report on the clear evidence that the US has conducted mass torture on innocent so-called prisoners of war [POW’s] and just plain innocent people.

Watch this shocking report on how the US treats its illegally held so-called POW’s. If it does not shock you, then you sure have been media hardened toward the US and our governments treatment of innocent people, we should not forget that NZ troops handed over individuals to be tortured…and the evidence is clear, ‘we knew exactly what we were doing! Go to:   


We must not forget that GW Bush led the reintroduction of torture by the US on an official scale…I’ve no doubt they did it anyway…but he formalised the behaviour…he was without doubt an secret admirer of the Nazi organisations such as the GESTAPO etc.

What is ironic to me is the absolute hypocrisy of calling Iraqi reaction to being attacked [Invasion of Iraq etc.] ‘Islamic terrorism’, while at the same ignoring and supporting Israeli and Christian backed attacks as individuals nut cases acting insanely…can Israel be considered a nut case?  
2.
MP Jo Cox murdered by Christian NAZI racist terrorist.
We have just learned that a British Labour MP Jo Cox was gunned down by a right-winger Thomas Mair.  The president of the Southern Poverty Law Center has revealed that Mair is a longtime supporter of the neo-Nazi National Alliance. He notes Mair’s attack comes on the first anniversary of when self-declared white supremacist Dylann Roof murdered nine people in the historic Emanuel AME Church in Charleston, South Carolina.
Jo Cox MP died last Thursday when she was stabbed and shot in her district. Jo Cox was a 41-year-old mother of two who worked at Oxfam before being elected as a Labour MP last year. She was known for her passionate support for Syrian refugees and was a member of Labour Friends of Palestine. Her death comes just a week before the major Brexit vote -- when British voters will decide whether the country should stay in the European Union. Cox was a vocal advocate for Britain to stay in the EU. During the attack, eyewitnesses said, her assassin, Thomas Mair, shouted "Britain first" – as he stabbed Jo Cox in his gutless and cowardly attack. Will he be called a Right-wing Christian evil terrorist…or simply be referred to as a mental defective individual acting alone…read [watch] the following to learn more: