Wednesday, December 19, 2012

Your DNA can now be taken (by force) for no reason other than the word of one lying Constable

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.

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