Ref: CRN 12035001648 and CRN 12035001649
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!
To the High Court, Wellington and the District Court at Masterton:
Ref: CRN 12035001648 and CRN 12035001649
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 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 sent this letter to the Court on 20th March 2013:
To Judge Behrens:
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:
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.
I received the following response from Louise Elder on 19 December 2012, this is it:
"yes disclure is on its way
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!
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 they allege that I swore at them. The prosecutor knows that I'd cross examine Constable Dallinger about the fact that he and Constable Pope assaulted me and took the bike unlawfully and without my permission and then they 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, and falsifying official records regarding what witnesses had said regarding proposed bail addresses!
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 because the IPCA is such a sick joke of an organisation which enables and maintains incompetence and corruption. 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.