Wednesday, March 6, 2013

Charges dismissed after lengthy defended hearing:

My hearings eventually started at about 3:45 p.m. today - the last train was 3:40 so I missed that, and biked back from Masterton.

All charges were dismissed after the Judge found that theree was no case to answer - AGAIN - and the Court Manager,Mark Elliott, was ordered by his supervisor to hand over the postal articles he's been refusing to give me

Judge Behrens and the Court staff were great, it was really really stressful but the right outcome so all worth it. Will now request the written decision and proceed with a complaint to IPCA about the actions of Constable Gallagher, and Sgt Wilson. I was really ill yesterday, managed to get about two hours sleep the night before Court, felt sick all day with really bad stomach pains later (- the water jugs at the Court were filthy and the water tasted disgusting). Judge Behrens was fair, as usual, throughout a challenging hearing.

Lawyer Louise Elder apparently didn't inform the Court OR legal aid she wasn't representing me any more because she was on the Court list as my lawyer but there was no sign of her - no surprise really, lawyer Ian Hard couldn't get out of the Court fast enough in case I asked him to represent me and duty solicitor Jock Blathwayt tried his usual excuses but was told to man up and give me some assistance, he was as unhelpful as possible, as usual.

Also as unhelpful as possible was local Police sergeant Warwick Burr, who refused to accept a witness summons for Constable Kevin Brown, who had been obliged to warn witness Barry Dixon for threatening and assaulting me on several occasions - Sgt Burr and Garry Wilson corruptly boasted how Constable Brown had been sent on "a training excercise" - fully admitting that they knew he was required as my witness because they'd been informed of that!

There were also a large number of issues about disclosure and other information requests to which we've received no response, etc - I haven't seen Constable Gallaghers notebook entries for example. I elected to proceed with the hearing regardless, and represent myself, making it clear that I would appeal any conviction that might eventuate and there would be very good grounds to do so.  I don't like to waste the time of the Court - unlike local police!

The hearing took a couple of hours, prosecutor Gary Wilson - who has a long and well documented history of corrupt, failed prosecutions against me - began by trying to cut a deal, saying that he and Constable Gallagher accepted that no assault on Constable Gallagher really happened, and that if I pleaded guilty to assaulting Kathryn McIraith they'd withdraw the charge of assaulting Constable Gallagher.  Of course I refused - I'm not going to plead guilty to assaulting someone when I didn't! This isn't some sort of game! So off we went, with the prosecutor calling Ms McIlraith to give evidence.

I cross examined her, and her so called 'evidence' fell apart from start to finish as she lied, and contradicted herself, and displayed (and was forced to admit to0 her nasty, aggressive, delusional nature,, then Wilson tried to tell the Judge that was the end of the case for the prosecution. Constable Gallagher insisted that Wilson call another witness, Barry Dixon. The word "hillbillies" comes to mind when thinking about these witnesses. Their confrontational and aggressive attitudes were plain to see - as did their propensity to contradict themselves and try and lie, and manipulate the truth. As I cross examined Dixon his evidence fell apart exactly like McIlraith's had.

I was the one who rang Police about the incident, nobody else, and that was because I was the one who was assaulted, nobody else.  Thankfully Judge Behrens saw through the prosecutors lies.

Constable Gallagher never did give evidence, I was dying to cross examine him, but Wilson wasn't silly enough to call him up and swear him in and let me question his fictional stories.  
That's why the first thing Wilson did was withdraw the charge of assaulting Gallagher - he knows perfectly well what I'd say if I ever got the opportunity to cross examine Gallagher!  I published the information at that link the night before the hearing - late.  Wilson didn't even want to call his second witness, Barry Dixon because he knew how totally unconvincing he was!  He announced that he had no more evidence to offer then Gallagher insisted that Dixon be called, which was the final nail in the coffin of the case for the prosecution!  - And the evidence that the police prosecutor is perverting the course of justice again!

Judge Behrens reminded me that I didn't have to, which on reflection, was an indication I think that he was of the view that the police had failed to prove the case for the prosecution on the basis of the evidence given so far (for the prosecution). If there's no case to answer a defendant doesn't have to defend it. |

Never one to miss out on an opportunity to talk, and wanting to leave no stone unturned and avoid any risk of having to appeal one of Judge Behrens's Judge Behrens decisions again, I elected to give evidence myself. I'm innocent, I put the facts about what occurred on the internet at the time it happened because I had nothing to hide.  (Williams J, who heard my Appeal in the High Court, made special note in his decision that I had no criticism of the way Judge Behrens conducted the hearing I was appealing, which was conducted in my absence, after the date and place of the hearing had BOTH been changed and I hadn't been advised, and with the same police prosecutor who had obtained the permission of Judge Hobbs to have the formal proof hearing adjourned at the last hearing of the matter because she felt that she had a conflict because she is a friend of mine, which is correct, Judge Behrens was deliberately mislead, almost certainly by Liz Harpleton, and Mark Elliot).

I swore on the Bible, and told the Court what actually happened. Before that I had only been allowed to ask questions of the witnesses, not actually say anything else. I got quite good at saying "I put it to you that this and that happened . . ." though when I was cross examining them. Anyway I told the Judge what happened and then of course Wilson got a chance to cross examine me. I just kept telling the truth. I established that there was a background - Dixon was a right dork - every time I asked him a question he'd try and refuse to answer it, saying it was "irrelevant" - I had to remind him several times that it was up to the JUDGE to decide that, not him. The Judge had to tell him AND McIlraith to answer the question on numerous occasions. It was disgraceful to see how low the police stooped regarding these witnesses - anyone could see what a travesty the police's case was!  I pointed out that it had been ME who called the police, not the complainant, because I was the one who had been assaulted, not her, which is why she didn't contact police and I did - it's hardly rocket science.

Judge Behrens then gave his decision, which was short and sweet, that the prosecution had failed to prove there was a case to answer and the charges were dismissed.  This post will be updated.

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