Taking DNA by force (and unlawfully)
Katherine Raue made this Official Information Act request to New Zealand Police
Currently waiting for a response from New Zealand Police, they must respond promptly and normally no later than 9 May 2013 (details).
From: Katherine Raue
10 April 2013
Dear New Zealand Police,
I am a New Zealand resident living in Carterton and my address is well known to local Police because they harass me here at every opportunity.
I request the following information:
1 How many times since the relevant legislation was enacted in 1995 have the NZ Police taken DNA from suspects by force without a Court Order (monthly figures please).
2 How many times since the relevant legislation was enacted have the Wairarapa Police taken DNA from suspects by force without a Court Order(monthly figures please).
3 How many times since the relevant legislation was enacted have the Wellington Area Police taken DNA from suspects by force without a Court Order(monthly figures please).
4 With regard to sections 22 and 23 of the Act, I request all information specified in section 22 regarding the matter of Police taking DNA by force without a Judge's authorisation, and taken
under section 24J of the Criminal Investigations Bodily Samples Act.
5 Regarding section 23, I request all information regarding the decision to take my DNA by force at the Masterton Police station on 2nd day of December 2012, on the basis of allegations by Constable
David Gallagher that he and his commanding officers knew to be false at the time and were proven to be false when the Prosecutor refused to allow Gallagher to be called to give evidence and
withdrew the charge which Gallagher used as the stated "triggering offence" and the Judge threw out the other charge after I had to defend myself in the Court!
6. I request all information regarding the reason for the decision to hold me in custody, without access to legislation or proper legal advice and take my DNA by force without a Judge's
authorisation please. I would appreciate it if you would accord this request priority in the interests of justice. I am appalled that this gross violation of hujman rights can go on in a supposedly civilised country.
Yours faithfully,
Katherine Raue
I am a New Zealand resident living in Carterton and my address is well known to local Police because they harass me here at every opportunity.
I request the following information:
1 How many times since the relevant legislation was enacted in 1995 have the NZ Police taken DNA from suspects by force without a Court Order (monthly figures please).
2 How many times since the relevant legislation was enacted have the Wairarapa Police taken DNA from suspects by force without a Court Order(monthly figures please).
3 How many times since the relevant legislation was enacted have the Wellington Area Police taken DNA from suspects by force without a Court Order(monthly figures please).
4 With regard to sections 22 and 23 of the Act, I request all information specified in section 22 regarding the matter of Police taking DNA by force without a Judge's authorisation, and taken
under section 24J of the Criminal Investigations Bodily Samples Act.
5 Regarding section 23, I request all information regarding the decision to take my DNA by force at the Masterton Police station on 2nd day of December 2012, on the basis of allegations by Constable
David Gallagher that he and his commanding officers knew to be false at the time and were proven to be false when the Prosecutor refused to allow Gallagher to be called to give evidence and
withdrew the charge which Gallagher used as the stated "triggering offence" and the Judge threw out the other charge after I had to defend myself in the Court!
6. I request all information regarding the reason for the decision to hold me in custody, without access to legislation or proper legal advice and take my DNA by force without a Judge's
authorisation please. I would appreciate it if you would accord this request priority in the interests of justice. I am appalled that this gross violation of hujman rights can go on in a supposedly civilised country.
Yours faithfully,
Katherine Raue
- The background of this matter - which involves a serious breach of human rights and which is very much in the public interest to be informed about - can be found at this link:
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