Propaganda and censorship - New laws to silence the truth

Quoted verbatim from the Herald (Derek Cheng) 15 October 2010: (my comments in red)

The Government is looking into regulating bloggers, Twitter, Facebook and other internet-based publishing to protect the integrity of the justice system.  The police are already "looking into" sites that question their own integrity: Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our staff .   What?!!  Regulating blogs, or even reading them, is NOT police business.  Furthermore, let's remember that I was sacked from St Mathews Collegiate and South End School following the local police contacting both schools and putting pressure on them to sack me, telling the South End School that they'd recently charged me with child abuse.  

But bloggers warn it is very difficult to draw a line between what should and should not be published over the internet, and regulation can always be sidestepped by setting up a site overseas.

Television, radio and newspapers reports about criminal trials or other aspects of the justice system are regulated by standards of balance, truth and fairness.  They are not regulated at all, they are self regulated, which is if completely different.  The NZPA is based at parliament and journalists have an incestuous and sycophantic relationship with politicians.  The NZPA makes up it's own "guidelines" and enforces them or not as it sees fit.

But "new media", as Justice Minister Simon Power termed them, are not regulated beyond the requirements of the law.  The internet is subject to the same laws as other publications, the laws are perfectly sufficient as they are.  If someone defames person on the internet, that person can sue them just as if the statement had been published elsewhere.

"It's a bit of a Wild West in cyberspace at the moment, because bloggers and online publishers are not subject to any form of regulation or professional or ethical standards," Mr Power said.  Neither are mainstream publications subject to any real standards - and are we talking about professional standards or legislation - two very different things - why should mainstream media be self regulating but bloggers be regulated by law?

"Issues I'm concerned about include how trials can be prejudiced by information posted on websites and seen by jurors, real-time online streaming of court cases, breaches of court suppression orders, and republication of a libel."  The more information available to jurors and Judges the better.  Breaches of Court suppression orders and libel are already well covered by legislation.

He said there should be one set of rules for all news media, and the review - by the Law Commission - would look at extending the powers of the Broadcasting Standards Authority and/or the Press Council to cover new media.  Neither of those organisations have any powers, they write their own "guidelines" and apply them or not as they seem fit.  It's like the police investigating complaints about themselves under the auspices of the so-called Independent Police Conduct Authority, renamed to give weight to the idea that they are actually independent - which they are not!

Kiwiblogger and National Party member David Farrar welcomed the review, but said it was difficult to regulate what people said over the internet.  David Farrar is a mouthpiece for the National Party.

"Good luck to the Government if it wants to impose ethical standards for what people want to say on the internet."

Other issues included whether regulation should cover high-profile blogs but not apply to the average tweet on Twitter.

Mr Farrar said the law applied to all forms of publishing - blogger Cameron Slater has been convicted for breaching name suppression orders - and the internet could self-regulate.

"If you tell a lie you can be exposed as a liar, if you defame someone you can be sued for defamation," he said.

"You get pounced on within minutes if you have something wrong.

"The gap between traditional media and new media isn't what the minister makes it out to be."

Even if the Government imposed regulation on internet users, there was nothing to stop someone setting up a site from overseas.

"Then there's nothing current or future law could do unless they want China-style internet filters," Mr Farrar said.

He suggested a voluntary opt-in to the Press Council for online publishers.  The Press Council is archaic and a waste of time.  I have been defamed by the local Wairarapa newspapers, and the Dominion Post, several times, some more subtly than others.  Reports of bad behaviour at meetings in particularly, are lies, and refuted by other information on this site, such as witness statements.

The public will be able to have its say when the Law Commission releases an issues paper by December next year.

ETHICAL PROBLEM
* Media are regulated by standards of ethical reporting, such as being balanced and fair.
* Bloggers, tweeters and other internet users are not regulated beyond the law, and the Government is concerned about the adverse effect this could have on the justice system.

This is an extremely dangerous precedent of proposed censorship.  I have been seriously defamed in the mainstream media, complained about it to the Press Council and discovered that they are a law unto themselves and writing to them is a complete waste of time.  In my case they simply refused to investigate the complaint at all.

Mainstream media published articles about Mayor Gary McPhee's violent drunken home invasion under the headline "Why I Did What I Did" in a pathetic attempt to dishonestly portray the innocent victims as "criminals and troublemakers" and dishonestly portray McPhee as a hero instead of a violent criminal.  

Mainstream media ignored Georgina the Beyer's involvement in the fraud at the Carterton Community Centre, the reason for "her" resignation from parliament was "her" denial of it under official letterhead.

Journalists hold far too much power, it's time we legislated against dishonest and inaccurate reporting in the mainstream media.  Local chief reporter of the Wairarapa Times Age Nathan Crombie used his position to keep Georgina Beyer the Liar and Gary McGoophee in power when they should have both been in jail, and put posters outside all the retail outlets proclaiming "Mayoral Candidate in Court Appearance" to sabotage my campaign - refusing to publish anything when the charges were thrown out because the police had no evidence to offer.  The Times Age refused to publish my profile as well - that's the only way idiots like McPhee and Beyer can get in.

We urgently need legislation covering mainstream publications.  Bloggers are subject to the same laws as everyone else already.


This is an email received from police recently:


Kate,


I refer to your e-mail below, dated 06.09.10

The purpose of this e-mail is to notify you that Police require an extension of time in which to respond to your request, pursuant to section 41(1) of the Privacy Act 1993, because the request necessitates a search through a large quantity of information and consultations such that a proper response to the request cannot reasonably be made within the original time limit.

Police require until 15.10.10 to provide a substantive response to your request.

You have the right to complain to the Office of the Privacy Commissioner about this extension. The contact address for the Office of the Privacy Commissioner is P O Box 10094, The Terrace, Wellington 6143.


Murray Johnston
Senior Sergeant
Masterton


Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our sta


From:
Kevin Basher/POLICE/NZ

To:
Murray Johnston/POLICE/NZ@NZPOLICE

Cc:
John Johnston/POLICE/NZ@NZPOLICE

Date:
07/09/2010 07:47

Subject:
Fw: Formal Complaint, Information Request: Assault by police, refusal to take complaints or investigate them properly


----- Forwarded by Kevin Basher/POLICE/NZ on 07/09/2010 07:42 -----


From:
Katherine Raue 

To:
kevin.basher@police.govt.nz, "J Collins (MIN)" , Independent Police Conduct Authority , Ken Daniels 

Date:
06/09/2010 15:45

Subject:
Formal Complaint, Information Request: Assault by police, refusal to take complaints or investigate them properly



I request all information regarding me held by the NZ Police under the Privacy Act and the OIA.

Particularly, and with priority:
1. All camera footage, CCTV, street camera, etc, of the incidents involving Constables Dallinger and Wilton when I went to the police station to report the theft and assaults at Hodders Road South last weekend.
2. All camera footage, CCTV, etc, of me that same day at Masterton Police station, including footage of the alleyway I was sent down to the gate that wouldn't open.
3. All information regarding the complaints I made to Constables Dallinger and Wilton regarding theft and assault at Hodders Road South.
4. All information regarding any complaint of theft at Hodders Road South by Rachel Taylor.
5. All information regarding a complaint of theft of a bicycle - not just disclosure - ALL information, audiotapes, documents, all information.
6. All information regarding a complaint I made within the last few weeks about another assault at that address by Wayne Friend.
7. Audio recordings of all telephone calls to or from police regarding me since January 2007, in particular:
8. The audiotape of the call from Clare Cook and Kelly Wilson on 11 February 2009,
9. Confirmation or denial of whether Constable Dallinger was involved in any way in the corrupt investigation of the assault on me by Colin Allomes in Dannevirke.
This is a formal complaint that police continue to refuse to take complaints from me and treat me with prejudice and bias, regularly use excessive force amounting to sadistic violence and psychological torment, and have established a pattern of malicious and vexatious litigation against me which is unwarranted and a waste of public resources.

I received a message from the owner of the property at Hodders Road South, sent on 29th August at 9 pm, to say that a well known local methamphetamine addict Rachel Taylor had been caught red handed stealing my property from the room I rent at that address.  I received another message the following evening inviting me to the address to see what was missing this time and secure the room.  When I got there I was confronted, abused and assaulted by another well known P addict, Wayne Friend, whose mother is a well known local police informer, and who let Rachel Taylor into the address while the occupant was absent apparently, and allowed her to leave with my property after witnessing her in my room, and is refusing to make a statement to police regarding this blatant theft, apparently.

I was then assaulted and effectively kidnapped by the owner of the property, my former partner, and held against my will for a considerable time and assaulted during that time, while Wayne Friend called the police and told them a pack of lies.  I was only released after police advised the occupants to
do so, because they wouldn't be rushing to the address in spite of all the complaints.


--
Katherine Raue


Police should get on with providing me with the information I have requested, in particular: the recording of all the phone calls to emergency services on 11 February 2009 regarding the attack on me in my home by Michael Murphy.  In particular the phone call from Kelly Wilson and Clair Cook, which records Murphy screaming in the background "Get out of the way Kana and I'll smash down the door." - which rather contradicts the statements he made in the Depositions Evidence.

Lawyer Ken Daniels' Letters to the Area Commander:

Police have corruptly and arrogantly completely ignored these letters from lawyer Ken Daniels, as well as letters from about half a dozen other lawyers, (as well as letters from myself and other people, including two substantial community petitions), and so have the Police Complaints Authority, who are anything but independent! They ignore all these letters because their mates are involved in the blatant criminal activity at the former Carterton Community Centre, and the same people responsible for this are behind the widely unpopular plan to build a Community 'Event Centre'/'Facility', the same people who condoned the illegal takeover of the former Carterton Community Resource Centre by punching the Secretary and Treasurer in the face and changing the locks to conceal the fraud and misfeasance by the committee, mainly associated with the Carterton District Council, a major funder of the Centre. Here are some of Ken Daniels's letters to police, evidencing this blatant corruption!

From: Ken Daniels, Lawyer, Chapel St, Masterton

To: The Area Commander, New Zealand Police, P O Box 443, Masterton

26 August 2004

Dear Sir

Re: Katherine Raue

There have been numerous items of correspondence written between Kate Raue and yourself and correspondence with the Police Complaints Authority over a number of issues that she has raised in recent times.


I must confess that I have not given what I believe was sufficient attention to some of the matters that Kate Raue had raised with me in the past mainly I suspect because the matters appeared to be far too complex and involved and I tended not to see any relevance in some of the complaints that she was making.


On a recent visit to me however and after spending some time looking at documentary evidence that she showed me, I largely changed my view and believe that there genuinely are matters of concern that do need to be investigated.

I have not got to the bottom of all the matters Kate Raue complains about but there is one instance that does seem to suggest that there has been fraud at the Carterton Community Centre which has diverted funds designed for one purpose deliberately to another.

I enclose with this letter a copy of the accounts which appear to represent income and expenditure from the Carterton Community Centre for the financial year 01 April 2000 to 31 March 2001 as they related to the Community Gardens. You will notice how in the income received, there was a sum of $9,000 received from the Tindall Foundation. It is assumed that this money was received following an application for a grant from that Charitable Foundation. The monies would have been requested and received for purposes relating to the Community Gardens in Carterton. The sum of $9,000 was received in April of 2000.

The following month in May there was a payment of $6,000.00 paid from the Community Gardens account for a personal grievance payment. The information that apparently exists although I have not personally seen it is that there were insufficient funds to pay a personal grievance from the Community Gardens and the funding that was obtained from the Tindall Foundation was immediately paid out as at least part payment on that personal grievance. The payment apparently could not be made at an earlier stage and the fundng received from Tindall Foundation was a necessary receipt to enable the payment to be made to settle the personal grievance.

If the above set of circumstances is accurate then there is no doubt whatsoever that there was a fraudulent use of the monies received from the Tindall Foundation. There had been no budgeted allowance made for personal grievances. This can be seen from the budget column in the expenditure part of the accounts where an amount of only $220 was allowed for the twelve months involved. A payment of $6000 was needed and this was paid directly from the charitable donation.

I believe that the affairs of the Carterton Community Centre are in disarray. There is currently an application before the High Court to have them wound up because of insufficient numbers. There are numerous other complaints as well about the way in which members of the public including members were excluded from meetings etc. This letter does not purport to address all those issues but I am deeply concerned after having seen the information supplied to me by Kate Raue that monies received for one purpose be used for an incorrect purpose.

I have been advised that a similar improper payment may have been made in respect of the account that was run for the disadvantaged members of the community. This apparently exists under the copy of the account also enclosed which is headed up VOSP 2000 – 2001. You will see also that there is a “miscellaneous” payment of $1,000.00 made in September of 2000 following receipt of a substantial amount fromWINZ funding. It is understood that this also was a payment to an individual who claimed to have a personal grievance.

I am not an accountant (as will be obvious) but I believe there are sufficient genuine concerns raised here to warrant some investigation. These are community funds which were largely received from charitable donations which appear to have been siphoned off improperly.

I should add that according to Kate Raue there was possibly legal advice given to the people running the Carterton Community Centre that they should not make personal greivance payments in the way that they did. This is another matter that may need to be looked into because it would make the payments even less appropriate if they were done contrary to legal advice.

I appreciate the fact that earlier complaints may have been thought to be ill-founded or frivolous or for whatever reason were not properly investigated but I believe that there actually does exist hard evidence to suggest that a reopening of the investigation should be made with urgency. As I have said the Community Centre and its funds are currently subject to a High Court Application.

If it is more convenient for you to do so I would be happy to act as a go-between between yourselves and Kate Raue so that I can request further details from her.

Are you able to assist with what I believe is now a genuine complaint?

Yours faithfully

Ken Daniels
____________________________________________________________________

The Financial Reports and the Minutes of the Carterton Community Centre Inc (scroll down at the link to view them) show that thousands of dollars were taken from organisations that had nothing to do with the particular organisation which was the subject of the "personal grievance" - a "personal grievance" that was never ever referred to the Employment Tribunal or Mediation Service and was not a formal personal grievance at all - that's theft - and it was one of two such "Personal Grievance" payments being made at the time, and there was a long history of similar fraud and malfeasance.

After receiving no response to that letter whatsoever, and no reply to my own enquiries to the police and Mr Daniels about the matter, and after the instigation of the campaign by local police to corruptly target me with a large number of charges which were an abuse of power and malicious and vexatious litigation, Mr Daniels wrote the following letter to the Police Prosecutor:

This is the unbelievably arrogant response:

From: murray.johnston@police.govt.nz
Sent: Wednesday, 26 April 2006 12:01 p.m.
To: Ken Daniels
Subject: Kate RAUE – Your letter dated 18 April

Hi Ken

I’m having a quick look at issues outlined in your letter before I head off on a course for two weeks.

To assist me in doing so can I please have a bit more detail regarding points 1, 2, and 5.

I suspect that point 2 relates to REYNOLDS retrieving his car but may also relate to MANSON.

I suspect point 5 relates to Mayor McPhee’s unique way of dealing with a noise complaint that received so much publicity. I am not aware of Kate being in any way related to that.

I’ll have to consult the Carterton Police regarding other points in your letter.

I sent Kates latest letter off to the PCA for registering as a complaint. Will get a copy to you. The PCA has already ruled on a number of issues she raises and where that is the case they will not be re-visited .

I don’t remember your letter dated from 2004 but my apologies if I’ve failed to respond. I suspect it will have been put on one of Kates many files and may be hard to locate. Any such allegation by Kate against the Community Centre management would take a very low priority from a Police perspective. Her allegations about the Community Centre have mostly proved unfounded, emotive and simply not credible.

Murray Johnston
Risk Manager Search & Rescue
Wairarapa Area
New Zealand Police
P O Box 443, Masterton
Telephone Direct: +64 6 370 0307
Facsimile: +64 6 370 5952
E-mail: murray.johnston@police.govt.nz
__________________________________________________________

None of our complaints have been investigated, they've all been repeatedly and corruptly covered up.

Note Johnston refers to "point 1" in the second paragraph of his response but never mentions it again? He knows perfectly well that the "threatening text messages" refers to the messages to me from Masterton prostitute Rachel Betteridge and her husband, which say "You need a bullet" and "Watch your back" among other things. Police refuse to charge Betteridge or her husband in spite of statements from two JP's and the indisputable evidence that Betteridge and her husband had sent the messages, and instead charged me with sending unspecified messages to Betteridge! Of course I was acquitted, and it was established that Betteridge was lying, but only after a lengthy trial and months of extreme stress to me, and ridiculous cost to the taxpayer, all because the local police prosecutor and his live in lover, Court deputy registrar Liz Harpleton, think it's funny to play little games like this in the Masterton Court.

Point two relates to Constable Cunningham smashing the shed doors after Larry Manson's lies to police.

Point 5 relates to ex Mayor Gary McPhee's violent, vicious, cowardly home invasion, committed by him and his Council mate, they weren't the noise control officers and had no right to smash their way into the local flat where the occupants were innocently and quietly cooking their dinner - let alone assault the innocent occupants! Johnston knows perfectly well that I witnessed this attack, and tried to make a statement along with the other witnesses and victims!!! This corruption is outrageous!!!
_________________________________________________________

Another letter from Ken Daniels to me dated 25 July 2007 says this:

"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 ave 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."

So instead of investigating crimes, police are busy plotting how to shut down my websites, sending each other emails like this one, which was sent by Sgt Keving Basher to Sgt Murray Johnston on 7/9/2010:
Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our staff .

The IPCA is corrupt, and anything but independent!

Perverting the Course of Justice, More Strange Twists and Unusual Turns:

The decision of Judge Behrens QC begins with the words "This case has taken some unusual turns."

Yesterday's hearing of the application by the Crown Prosecutor bore a remarkable similarity to that of the charges heard by Judge Behrens.  The hearing of those charges was stopped and the summarily laid charges withdrawn when it became obvious that the officer in charge of the case was about to commit perjury.  I was later acquitted on the indictable charges also.

Yesterday the Crown made a formal application to the Court under Section 344(A) of the Crimes Act for an order to have Constable Laura Rhymer's evidence ruled admissible in the current proceedings, regarding the matter of the charge of Escaping from Custody.

The result of the hearing was that not only was her evidence called into question, but the charge itself was dismissed.  Such a dismissal is deemed to be an acquittal.


Crimes Act:
344A Interlocutory order relating to admissibility of evidence
(1) Where any person is committed for trial and—
(a) the prosecutor or the accused wishes to adduce any particular evidence at the trial; and
(b) he believes that the admissibility of that evidence may be challenged,—
he may at any time before the trial apply to a Judge of the court by or before which the indictment is to be tried for an order to the effect that the evidence is admissible.
(2) The Judge shall give each party an opportunity to be heard in respect of the application before deciding whether or not to make the order.
(3) The Judge may make an order under this section on such terms and subject to such conditions as he thinks fit.
(4) Nothing in this section nor in any order made under this section shall affect the right of the prosecutor or the accused to seek to adduce evidence that he claims is admissible during the trial, nor the discretion of the Trial Judge to allow or exclude any evidence in accordance with any rule of law.

This Crown application was a pre trial matter to decide this particular issue of the interlocutory application regarding the admissibility of the evidence regarding the actual arrest, prior to the Jury Trial.  The result at the end of the day was that I was deemed to be acquitted of the charge entirely.

The day started off well with the train trip, the train managers on the Wairarapa line were as wonderful as ever - true ambassadors of good will, the conductors are always polite, helpful, cheerful, great at dealing with people, they're always a pleasure.

And then, Court.  "A Section 344(A) application was filed by the Crown in response to a letter dated 12 February 2010 from the amicus curiae in this matter objecting to the admissibility of evidence.

The objection relates to the second charge of escaping lawful custody and in particular the "admissibility/or validity of the Bill of Rights and arrest procedure on the Escaping Custody charge."  It is anticipated the objection will be on grounds that the accused was not in lawful custody, and relies on the evidence of Constable Laura Rhymer." said the Application.

I was met at the Court by Anne Smith, a thoroughly nice lady who I met when I first came to the Wairarapa, who works for the Corrections Department (Prison Service or something like that).  Anne was kind and helpful and gave me really good advice, looked after me really well, as always.  Thanks Anne.

Then ex Mayor of Cartoontown and Official Village Idiot Gary McPhee and some of his friends were evicted from the Court, which was good, especially given the outcome of his trespass charges against me - which were dismissed after the Judge agreed with my lawyer that he had no authority to evict me from the Council meeting he was presiding over in the usual bully boy manner.  Wellington Court staff were all good, as usual, and Judge Barry presided again.

Crown Prosecutor Ms Ewing called Constable Laura Rhymer, who gave her evidence.  Constable Rhymer to her credit said truthfully that I had come into the station to make a number of complaints about recent matters and that she had had previous dealings with me and had refused to take any of my complaints.  She said that she refused to discuss my complaints, and that she wanted to talk to me about something else and that "we could go to the Masterton police station to discuss it" (p3), and on page 8 and 9: " I then said that I needed to speak to her in relation to another matter and that we'd go the Masterton Police Station to make that statement".  As opposed to, "You are under arrest, you have the right to remain silent," etc.


Constable Rhymer got a bit carried away in some of her other evidence, but she she was cross examined by me (well, sort of - Judge Barry was helpful and patient) and then Mr Yeoman the amicus curiae, then further cross examination by me, then re-examination by Ms Ewing.


Ms Ewing was very helpful in providing me with all sorts of other case decisions about a Mr Abdulkadir Juma Ahmed and a prostitute called Ginger, which is truly, luridly, sordid (and filmed on 'Ginger's cellphone apparently), this arrived the day before the hearing, and I read the whole thing - all thirty or so pages - wondering what on earth they had sent it to me for, and others: R v P, Burgess v R, Ballantyne v Police, Hotene v Police, etc, which were being discussed.  I was trying very hard to follow it all.


Ms Ewing said there were two elements at issue: Firstly, whether or not I was in custody, which was a question of fact and an issue for the jury to decide regarding the "determination of whether the conduct objectively viewed  by words or conduct would reasonably inform the subject they were not free to go."


The second element was whether the "arrest" was lawful, which was a question of law.


She referred to a Court of Appeal decision, Burgess v R, and two issues regarding that matter, firstly the police officers conduct, and secondly whether there was submission or acquiesence to the alleged arrest.  She put it to the Court that no particular words were necessary to effect an arrest, just the police officers conduct generally.  She agreed that Constable Rhymer had not given me my rights, and acknowleged other facts.  I think it was Ms Ewing who raised the matter of Section 347.


The amicus curiae also spoke about Section 347.


Then Judge Barry spoke about Section 347 and culpability.  I didn't know what Section 344 or 347 said at that time.  Judge Barry said that at Depositions on 20 November 2009 I had been committed for trial by two Justices of the Peace.  I don't think he mentioned the hearing on the 8th December when Constable Rhymer didn't turn up because she'd applied for annual leave two days earlier, but he did mention the wrongful issuing of the warrant for my arrest on 16th February 2010, which resulted in my illegal imprisonment on 22nd and 23rd February 2010.


I raised the issue of the hearing on the 8th December in more detail and Judge Barry listened and asked questions.  Then he talked about a discharge due to the low level of culpability under section 347 rather than 344 because my objection was based on the assertion that I was never lawfully arrested.


Judge Barry said that the background to the allegation was that a series of events on 8th April 2009 saw police considering Perverting the Course of Justice charge based on the premise that I had inveigled Aaron Brook to make a statement that Michael Murphy had burgled my house.  Constable Rhymer says that Brook later retracted his statement and said that I made him say something that wasn't true.  The escalation arose, Judge Barry said, when I arrived at the Carterton Police Station at ten to eight on the morning of the 17th April 2009 to make complaints about a number of matters.  The exchange that followed subsequently led to the Escaping from Custody charge.


Judge Barry said 'the Crown case is that when Constable Rhymer gave evidence in her depositions about what happened at the police station, she advised Katherine Raue that she needed to speak to her.  She never formally laid hands on the accused.  It was an emotionally charged situation and Constable Rhymer had maintained a reasonable space."


Judge Barry then said that I had made my position crystal clear by putting a set of propositions: that the officer never actually said that I was under arrest, that she had merely said that she wanted me to go to Masterton with her, that I couldn't understand why that was (given that I had gone there to make complaints after having phoned about them the previous day), and that in fact I thought that the arrest hadn't happened (which was perfectly logical and understandable to any reasonable person, including Judge Barry thankfully).  He said "Ms Ewing submits and I accept that the charge contains key elements including whether at the time Katherine Raue left the station she was in lawful custody.  That would depend on evidence she had been arrested.  There is a question of fact and a question of law." (I made notes and this is to the best of my recall)  The question of fact was about whether the officers conduct, objectively viewed reasonably informed the subject of the arrest.  He referred to Hotene v Police and Ballantyne v Police.  Then he said that looking at the question of fact it can only be an issue of fact that is appropriate for a jury to consider.  


"But the matter does not end there" he said.


"Firstly, there is a clear picture that the alleged offending was at the lower end of the spectrum of culpability of escaping from custody charges, and moreover, a dislocation of proceedings led to unfortunate, and unlawful, consequences.  Now I need to set out my understanding of this" he said.  "The Crown framed an indictment . . . "  
My notes are incomplete at this point due to the fact that I was having a bit of difficulty trying to think, talk and write notes all at the same time, and Judge Barry was allowing me to explain things to him so I was concentrating on trying to do so clearly and concisely.  We discussed the manner in which the Crown had framed the indictment, and tried to separate the charges, which had been rejoined by Judge Behrens QC on 8th December when Constable Rhymer had failed to turn up to Court, and applied for annual leave two days before the hearing - much to everyone's disgust - why has she not been charged with contempt of Court?.


"Unfortunately, that fact was never acted upon in respect of the summary charge which lay in the Masterton Court and was never withdrawn."  I believe it was withdrawn, on 8th December, and not recorded by Court staff.  "Unbeknown to the Crown, the amicus curiae, or Katherine Raue the summary charge still lay in the Masterton Court and was proceeding on it's own course.  A bench warrant was issued for the arrest of Katherine Raue on the 16th February and she was arrested on the 22nd and taken to Arohata and had money taken which has apparently not been returned."  My notes are brief and incomplete, so I will type them as they are written rather than try and fill in the gaps where I can't remember exactly:


This particular part of jurisdiction to discharge
Ms Ewing  sets out Crown position, responsibly accepts the low end culpability
Ballantyne, Hotene
acknowledging confusion, penalty would be nominal
Go to jury:  (1) Jury accepted arrest? (2) Evidence of acquiesence? 
Secondly, and allied with the low end culpability bit is the consequences already visited.
This rare use of S 347 
no useful purpose
R v Harrington:   p 763  Judge Casey p 764
No guidelines as to how discretion applied.


Judge Barry then commented on R v Matenga in the High Court in Gisborne, 5 October 2006, in which Justice Baragwanath referred to Harrington in a case with an unusual combination of (1) Thinness of the Crown case, (2) Process failure, and (3)The likelihood of further publicity for a political issue (occupation of land in that case).  Refusal to commit was commented on.


"I consider this case falls within the threshold required and a discharge is appropriate.
Core culpability is the Perverting the Course of Justice charge and this charge has arisen as a sideshow to that.  The conduct alleged is at such a low end of offending I cannot see it going to trial.  


The accused is discharged on Count 2.

347 Power to discharge accused
(1) Where any person is committed for trial, the Judge may, in his discretion,—
(a) of his own motion or on the application of the prosecutor or the accused; and
(b) after giving both the prosecutor and the accused reasonable opportunity to be heard on the matter; and
(c) after perusal of the depositions and consideration of such other evidence and other matters as are submitted for his consideration by the prosecutor or the accused—
direct that no indictment shall be filed, or, if an indictment has been filed, direct that the accused shall not be arraigned thereon; and in either case direct that the accused be discharged.
(2) Where an indictment is filed by the Attorney-General, or by any one with the consent of the Attorney-General, under subsection (3) of section 345, the Judge may in his discretion, after perusal of the statements of the witnesses for the prosecution, or after hearing those witnesses, direct that the accused shall not be arraigned on the indictment, and direct that he be discharged.
(3) The Judge may in his discretion, at any stage of any trial, whether before or after verdict, direct that the accused be discharged.
(3A) Every direction under this section shall be given in open court.
(4) A discharge under this section shall be deemed to be an acquittal.
(5) The provisions of section 106(3) of the Sentencing Act 2002 shall extend and apply to a discharge under this section.
(6) Nothing in this section shall affect the power of the court to convict and discharge any person.

______________________________________________________________________

So Constable Laura Rhymer will give evidence on the charge of Perverting the Course of Justice, and on the charge of Escaping from Custody a discharge under Section 347 is deemed to be an acquittal.  This is remarkably similar to the decision of Judge Behrens QC, which resulted in the submissions to the Police Complaints Authority from lawyer Michael Appleby, after the trial was stopped when it became apparent that the officer in charge of the case was going to commit perjury, by dishonestly saying he arrested me at a public meeting in front of over a hundred witnesses, many of who were prepared to swear to the fact that he hadn't arrested me at all, just assaulted me for no reason and falsely imprisoned me all night and wasted thousands of dollars of tax payer's money pursuing a number of corrupt prosecutions based on perjurous "evidence".  The trial was stopped after evidence was given by the police themselves that I hadn't been arrested at all.

The only bad bit was having to cycle home from Featherston in the rain after I missed the last train, but on the bright side, at least I didn't get a puncture.  Many thanks to the three kind people who gave me a lift from Wellington to Petone, Petone to Upper Hutt, and Upper Hutt to Featherston.

Next call over date 2 November 2010 at 2:15.  New Zealand tax payers should be disgusted at this corrupt waste of money and resources pursuing the malicious vendetta of a couple of corrupt local police officers.

Constable Basher - Something needs to be looked at all right!

Regarding Constable Basher's interest in my blog (see the previous post), I suggest he spends a little less time worrying about his image and a bit more on investigating serious violent crime and domestic abuse.  The Carterton police spent their time smoking cigarettes and looking at the internet.  Mayor McPhee's big deal about getting another police officer for Carterton - wake up and smell the coffee people, we've ended up with "family friend" of Constable Cunningham's daughter, according to a picture published in the Dominion Post, UNSWORN staff member Acacia Simpson, who can answer the phone, pass on messages make cups of tea, and not much else.

But seeing as Constable Basher spends so much time reading my blog, I'll post my complaints on it from now on, and the official police response  - or lack of it:

I received a text message from Tim Reynolds on 29 August 2010 at 9.01 pm saying: "Wayne found racheal taylor in yor room when he got outta the shower on sat nite they have fight then she left had a bag with her sori wasn't there from 0211540 645.  Rachel Taylor is famous in the Wairarapa for being a methamphetamine addict (and any prescription drugs she can get her hands on, pills etc), police informer and thief.  There have been innumerable similar complaints to police.  Wayne Friend likes to associate with people like this and let them roam through wherever he's living, which is why his mother doesn't want him living with her.

The following day I received a message from Tim Reynolds saying "come down then" in response to a request from me to come and see what had been taken.  When I did I was assaulted and detained illegally for some time (kidnapping), all of which is recorded on the audio record of the call as well as video footage on Friend's cell phone, which is evidence of these SERIOUS crimes, as well as other incidents when I have gone to the property to attend to the horse and been abused, threatened and assaulted by Friend and his mates, and as such should have been seized by police by now.

I received a text message on *** saying: "Tim has given me full control of the property you have 1 week to sort a place for your house stuff or the cops have a shed i CAN put it in :)dr feel good:) from 027 270 5152.  It was apparently sent on 4 Sept 2010 at 1.53 pm by Wayne Friend alias dr feel good, the methamphetamine addict, who's mother doesn't even want him living with her.

Reynolds refers to me as his me as his "partner", as such I am entitled to protection from the law and the police and the Courts, both of who are responsible for bailing me to that address recently, in spite of it having been rejected by police and myself because Mr Reynolds has a history of violence toward me and other women.  Here's an email I sent to police this morning: To: murray.johnston@police.govt.nz,
"kevin.basher" ,
Ken Daniels ,
Independent Police Conduct Authority ,
Independent Police Conduct Authority ,
"J Collins (MIN)"

I went to attend to the horse in Gallon Road and check my property on Wednesday and discovered a considerable amount of damage to my property including the following:

1. Damage to property in my car including a tv set and kitchen equipment that would have taken a very high level of violence to effect.
2. Broken glass throughout the drawers of my dressing table, amongst all my clothes. 

I insist that police go to the address immediately and photograph this damage and take statements from Friend and Reynolds about the theft of my property by Rachel Taylor which I have reported clearly and repeatedly.. 

I insist that the audio recording of the phone call from Friend to the police during the attack on me is provided immediately.

--
Further to the email sent a few minutes ago it goes without saying that I expect police to take statements from Friend and Reynolds about the damage to my property.  I also found a bike of mine thrown outside which had previously been in the laundry, Friend was the one who had access and was responsible for the property.  It appears Friend changed the locks at around the same time he sent me the text message, I expect police to fingerprint the car and the dressing table, etc and conduct a full scene examination and investigation.  

I also request immediate assistance to get a Protection Order and any other orders necessary to secure the safety of myself and my property, which Tim Reynolds threatened yesterday to put on the road tomorrow.
Kate Raue

--
Further to earlier emails, when I arrived at the property the horse's water container was empty and had not been filled for a long time by the look of the horse.  

Horse food which Bill Armstrong delivered and paid for, for the horse, was being fed to the goat instead by "Friend", there was a full container by the goat and none by the horse.

I want him charged with theft and cruelty to animals.

Here are my Court papers, thrown outside on previous occasions.  Wairarapa has one of the highest domestic violence rates in the world, here's why, corrupt police and politicians.

When I went to the police station to report these, and other, matters recently, I was assaulted and tormented for hours by Constables Paul Dallinger and Gregory Peters, and others.  Sgt Johnston's email response up soon watch THIS space.

When I arrived at the Carterton police station the door was locked, Dallinger was inside having a smoke.  He finally unlocked the door and released a foul cloud of stinking smoke, laughed at my attempts to actually make a complaint, then started to bash me and push me round in front of witnesses, and street cameras.

I wrote the initial request for all the camera footage regarding the incident, including all that from the Masterton police station, clearly on the Bail Bond I was asked to sign, weeks ago.  Police think it's funny to ignore requests routinely and respond arrogantly and dishonesty when they bother at all, like the Principal and Board of Trustees of the South End School in Carterton.

                                                                                                                                                                                                                                           

This is the face of the Wairarapa. 

HIGH COURT SUPPRESSES ORDER [**censored by the New Zealand Government**] IN "TERRORIST" RAIDS

17 September 2009 - Kiwisfirst.com
In a monumental Court decision, Judge Helen Winkelmann of the Auckland High Court last week [** CENSORED BY THE NEW ZEALAND GOVERNMENT**]  authorised by the Court in the "Tuhoe Terrorist" raids in 2007.  The Judge ruled there was "No [**CENSORED BY THE NEW ZEALAND GOVERNMENT**] for issue of [CENSORED BY THE NEW ZEALAND GOVERNMENT]".  Winkelmann J also ruled the Police [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**]to be on the various roads and track for the purpose of covert surveillance. 

Counter-intuitively the Judge ruled [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**] under s 21 of the New Zealand Bill of Rights Act 1990.  The legal admissibility of the evidence collected in the [**CENSORED BY THE NEW ZEALAND GOVERNMENT**] to be the subject of another hearing.

In an [**CENSORED BY THE NEW ZEALAND GOVERNMENT**] -page judgment, Justice Winkelmann [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**] to reach a conclusion [**CENSORED BY THE NEW ZEALAND GOVERNMENT**] threatened New Zealand's clean-green image, and life itself.  Her ruling points the finger instead at the [CENSORED BY THE NEW ZEALAND GOVERNMENT] of the Police raids and seizures which occurred with the [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**] of some New Zealand Judges.

In a sour note to Justice Winkelmann's historic ruling, Her Honour ordered her findings suppressed from the media, seemingly to save embarrassment to the Police, as well as fellow High Court Justice Judith Potter - who was the judge [**CENSORED BY THE NEW ZEALAND GOVERNMENT**].  In stark contrast to this current shroud of secrecy, the Police raids and massive arrests consumed "mainstream media" coverage for weeks in New Zealand when they occurred two years ago, as well as prompted breaking news bulletins around the world.   In 2007, Judge Winkelmann herself read out, in open Court and in front of national TV news cameras, the very worst evidence from the Police affidavits - before ordering the affidavits themselves concealed by judicial order from the public.

What started out as a prosecution under the Terrorist Suppression Act 2002 by Solicitor General David Collins in 2007 has now been diluted into an Arms Act 1983 prosecution.  In November 2007 S-G Collins backed down from the Terrorist charges after a month of mass protests brought attention to the lack of credible evidence being publicly released and resulted in increased suspicion concerning the NZ Court's blanket order suppressing the Police affidavits.

The 18 accused are represented by 14 barristers and countless solicitors, as well as Amicus Curiae Paul Dacre - an Auckland barrister who is the former Pitcairn Island Public Defender.  An 'Amicus Curiae' is a neutral 'friend of the court' appointed by the Judge to give an independent analysis of the facts and relevant legal position.  After several weeks of deposition hearings last year, 5 of the 18 defendants were additionally charged with participating in a gang under the Crimes Act.  The cost of all this to the Crown has already surpassed $8 million and could exceed $20 million.  Most of the defendants are on legal aid.

Preeminent defence barrister Rodney Harrison QC has been recognised by consent as lead counsel for the accused, with Maori rights lawyer Annette Sykes afforded distinct status by the Court in relation to the tikanga of Tuhoe and implied licence.

The written factual background laid out by the Judge in the substantive prosecution [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**] but quite simply can be summed up as "[ **CENSORED BY THE NEW ZEALAND GOVERNMENT**], resulting in an intensive 13 month covert operation, 9 court-ordered land warrants, countless other search warrants and road blocks." 

Gone is the seditious language used when the story first gripped the nation that men in "paramilitary uniforms" were being trained in guerilla warfare by foreign terrorists and planned to use "napalm bombs" in coordinated attacks against State institutions.  In retrospect, it now seems odd that [**CENSORED BY THE NEW ZEALAND GOVERNMENT**] on a Police affidavit that could not determine whether the number was closer to [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**].  Perhaps they were too-well camouflaged for Police.  But then this is why it is the responsibility of the Judge to ask such pertinent questions before [**CENSORED BY THE NEW ZEALAND GOVERNMENT**].

In Para. [55] of her judgment, Winkelmann J [ **CENSORED BY THE NEW ZEALAND GOVERNMENT**].

In oral submissions, Crown prosecutor Ross Burns argued that it was in the public interest for the Judge to allow the case to proceed unimpeded by legal technicalities.  He is being assisted in the prosecution by Meredith Connell employee Emma Finlayson-Davis.  In contrast, Mr Harrison QC for the defence provided the Court a dissertation on the relevant law, providing intricate details which gave rise to those laws in Parliament.  Harrison concluded his submissions by stating his own limitations relative to the specificities of each individual defendant, advising the Court may need to hear arguments from each defendant's counsel.  "The (evidence) exclusion issues can then be addressed by all counsel in a focused and hopefully helpful manner." 
The parties were again in the Auckland High Court on Tuesday for further arguments.
BACK TO FRONT PAGE                            - with kind permission from Vince Seimer, editor, Kiwisfirst.com

Sgt Kevin Basher---07/09/2010 07:47:45---"Something needs to be looked at regarding RAUE using her 'Blog' to make statements regarding our staff"

Here is the latest email from the Wairarapa police.  - Not worried about assaults, violence or burglaries, - worried about my blog!  "Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our staff" - -   - Indeed!  I am about to request the rest of this message under the OIA and Privacy Acts in a minute!  And request the police to get down to the address and photograph the damage and investigate it properly.

I've just been down to see our community garden horse at my former home, to discover there's no water in the paddock for the horse, but Wayne Friend is feeding the horse feed to the goat.

During the recent heavy rain the SPCA sent me a number of emails about our other horse Flynn, threatening to take action and demanding that the horse be shifted into another paddock because the one it was in was allegedly too wet.  This is the same SPCA which stole a horse from a paddock in Dalefield recently.  Wayne Friend's mother's relation made the complaint, she came out of a house over the road while I was shifting him in the downpour to gloat.

Also noted while down there, and even more disturbing, was the fact that someone has used the pots and pans I put into a box in my car, to smash the television that was also in there with such force that many of the pots and pans have huge dents in, bleach has been poured through the car by the look of it, the car is filled with broken glass, pretty much everything in it's been smashed, my beautiful old bike was left out in the rain during all the bad weather last week, and now yet another act of serious and utterly senseless - mindless - violence.  This is the real face of Carterton.  This is the face of Wayne Friend, entrusted to look after things while Tim Reynolds was away - what a joke!  "Friend" was letting methamphetamine addicts like Rachel Taylor and Kylie Donnelly in to steal my stuff even before Tim went away!

Police are blatantly refusing to do ANYTHING about it.  Meanwhile I go up tomorrow for allegedly perverting the course of justice - what blatant corruption!   Here, read it for yourself:

____________________________________________

Kate,


I refer to your e-mail below, dated 06.09.10

The purpose of this e-mail is to notify you that Police require an extension of time in which to respond to your request, pursuant to section 41(1) of the Privacy Act 1993, because the request necessitates a search through a large quantity of information and consultations such that a proper response to the request cannot reasonably be made within the original time limit.

Police require until 15.10.10 to provide a substantive response to your request.

You have the right to complain to the Office of the Privacy Commissioner about this extension. The contact address for the Office of the Privacy Commissioner is P O Box 10094, The Terrace, Wellington 6143.


Murray Johnston
Senior Sergeant
Masterton


Kevin Basher---07/09/2010 07:47:45---Something needs to be looked at regarding RAUE using her 'Blog" to make statements regarding our staff


From:
Kevin Basher/POLICE/NZ

To:
Murray Johnston/POLICE/NZ@NZPOLICE

Cc:
John Johnston/POLICE/NZ@NZPOLICE

Date:
07/09/2010 07:47

Subject:
Fw: Formal Complaint, Information Request: Assault by police, refusal to take complaints or investigate them properly


----- Forwarded by Kevin Basher/POLICE/NZ on 07/09/2010 07:42 -----


From:
Katherine Raue

To:
kevin.basher@police.govt.nz, "J Collins (MIN)" , Independent Police Conduct Authority , Ken Daniels

Date:
06/09/2010 15:45

Subject:
Formal Complaint, Information Request: Assault by police, refusal to take complaints or investigate them properly



I request all information regarding me held by the NZ Police under the Privacy Act and the OIA.

Particularly, and with priority:
1. All camera footage, CCTV, street camera, etc, of the incidents involving Constables Dallinger and Wilton when I went to the police station to report the theft and assaults at Hodders Road South last weekend.
2. All camera footage, CCTV, etc, of me that same day at Masterton Police station, including footage of the alleyway I was sent down to the gate that wouldn't open.
3. All information regarding the complaints I made to Constables Dallinger and Wilton regarding theft and assault at Hodders Road South.
4. All information regarding any complaint of theft at Hodders Road South by Rachel Taylor.
5. All information regarding a complaint of theft of a bicycle - not just disclosure - ALL information, audiotapes, documents, all information.
6. All information regarding a complaint I made within the last few weeks about another assault at that address by Wayne Friend.
7. Audio recordings of all telephone calls to or from police regarding me since January 2007, in particular:
8. The audiotape of the call from Clare Cook and Kelly Wilson on 11 February 2009,
9. Confirmation or denial of whether Constable Dallinger was involved in any way in the corrupt investigation of the assault on me by Colin Allomes in Dannevirke.
This is a formal complaint that police continue to refuse to take complaints from me and treat me with prejudice and bias, regularly use excessive force amounting to sadistic violence and psychological torment, and have established a pattern of malicious and vexatious litigation against me which is unwarranted and a waste of public resources.

I received a message from the owner of the property at Hodders Road South, sent on 29th August at 9 pm, to say that a well known local methamphetamine addict Rachel Taylor had been caught red handed stealing my property from the room I rent at that address.  I received another message the following evening inviting me to the address to see what was missing this time and secure the room.  When I got there I was confronted, abused and assaulted by another well known P addict, Wayne Friend, whose mother is a well known local police informer, and who let Rachel Taylor into the address while the occupant was absent apparently, and allowed her to leave with my property after witnessing her in my room, and is refusing to make a statement to police regarding this blatant theft, apparently.

I was then assaulted and effectively kidnapped by the owner of the property, my former partner, and held against my will for a considerable time and assaulted during that time, while Wayne Friend called the police and told them a pack of lies.  I was only released after police advised the occupants to
do so, because they wouldn't be rushing to the address in spite of all the complaints.


--
Katherine Raue



===============================================================

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