Kelvyn Alp's call for review of decision successful:

After five years Kelvyn Alp, founder of the OURNZ Party has been the only politician in New Zealand to get any results from the ongoing complaints to the Ombudsmen the Board of Trustees of the South End School in Carterton and others, about the blatant bullying, and slanderous and defamatory allegations being made by the Board and others associated with the school and the community, previously complained of by a number of senior lawyers and referred to by them as "politically motivated corruption", against former members of staff who made a huge contribution to the school, not only feeding the kids, but teaching and supporting the students to grow their own kai, prepare it, preserve it, trade it, as well as a number of other important life skills, including an extremely successful suicide prevention program.

The Privacy Commissioner's Office and Dawn Swan in particular have been involved in the conspiracy to pervert the course of justice regarding this matter.  After initially attempting to resolve the matter with the Board, in accordance with appropriate policies and procedures, I complained to the Office of the Privacy Commissioner after I received this letter from the Board of Trustees of the South End School, which contains the false allegation that I had been recently charged by Police with an offence involving a child - I have never been charged with any offence involving a child in my life and I told the Deputy Principal of the South End School several weeks prior to receiving this astounding letter:

Dawn Swan repeatedly lied about the facts regarding the matter, and refused to investigate the matter at all, instead conjuring up a fictional version of events in her own mind including the preposterous allegation that I was the one who had told the Board the slanderous and defamatory allegations.  Dawn Swan maintained this lie in the face of overwhelming evidence to the contrary, and so did the Board of Trustees.

Thanks to the commitment and integrity of Kelvyn Alp the Ombudsmen were forced to reopen the investigation into these complaints, and forced to admit the truth, which has now opened a much larger can of worms, revealing clear and indisputable evidence that Kelvyn Alp and I were right all along - and not delusional at all - the evidence proves indisputably that there has been a conspiracy to pervert the course of justice regarding these matters which has involved tax payer corruption at the highest levels, including former Chief Ombudsman Beverly Wakem, who repeatedly refused to investigate the claims against Dawn Swan and the Office of the Privacy Commissioner despite all the evidence of blatant corruption in the manner in which Swan repeatedly claimed that I was the source of the allegations and that the school had sought or received no information from Police - which was a blatant lie as Kelvyn Alp pointed out.

Thanks to the perseverance and professionalism of Kelvyn Alp I finally received this pathetic excuse for an 'apology' from the Board of Trustees:

This rude letter is signed by none other than Elaine Scully, school secretary and Chief Witch Hunter.  It should be signed by the Chairman of the Board of Trustees, Logan Bathurst, Elaine Scully should have been sacked after she was forced to apologise for calling a young Maori student a "lying little bitch" several years ago.

Elaine Scully owes me several other apologies too, and they are long overdue.

For a start she owes me an apology for wasting Police time and making a false complaint to Police regarding her delusional allegations that I "stole" correspondence regarding the bullying and unlawful sacking of Wayne Rogers, a former groundsman at the South End School, from the letterbox of former Board member Emily Brown.  I did no such thing - I was handed the letters by the parent of a child who was in the same class as one of Emily Brown's four children, and both children have the same first name.  Emily Brown gave the letters to the wrong child, and the child's mother (and the child, if necessary) will confirm this in sworn evidence in a Court when the time comes.

On 1 May 2011 I sent the following email to the Statutory Manager appointed by the Ministry of Education, who had identified that the Board was incompetent and appointed the Statutory Manager:

Hi Ken,

I understand that you are the Statutory Manager appointed to the South End School, and have been asked to write to you regarding issues around the management and administration of the school.

I was recently handed correspondence between the school and Wayne Rogers, regarding the termination of his employment at the school, which seems to mirror the way I was treated (attached).  I've also been contacted by a number of people who have also complained about the school, including the family of a young girl who was called a "lying little bitch" - as in "You're nothing but a lying little bitch" by Elaine Scully, who is also responsible for this confidential correspondence ending up in my hands and the hands of a number of other people.  Many people said that Mrs Scully, Mr O'Leary, Ms Powell and other staff and members of the Board of Trustees have been spreading rumours throughout the community that I am a child abuser, and making similar allegations about Wayne Rogers.

I received a letter from the Board of Trustees which is attached.  Also attached is a note of thanks I received at the end of the year (2008).  The last paragraph of the letter to me, and the thank you note, make a mockery of the school's current position on the matter, and of the Court proceedings brought against me by Rod O'Leary and the former groundsman Thomas Smith.

I've also received copies of correspondence between the school and the Armstrong family about me, which frankly disgust me because they contain nasty and untrue accusations.  Furthermore, Board of Trustees member Emily Brown came to the Armstrong's home and made a number of derogatory statements about me and about how Emily had contacted Police and mental health authorities about me after I politely requested that she arrange a meeting between and the Board about this correspondence I had received containing the untrue allegation that I was a danger to the children.  Emily Brown is an adulterous liar, who has acknowledged (and boasted about) the fact that she was having it off with George Smith while still married to and living with her husband.  Emily's mother and brother committed suicide, and it disgusts many people in the community that she is going around to homes like the Armstrongs, spreading her nasty spiteful UNTRUE rumours, and causing hatred and division in the community.  She claimed to be representing the Board on this visit, which disgusted us even more.  She should resign from the Board immediately, her adultery and lies disgusts decent people in the community.  

I request the immediate return of everything I brought to the school, including the large sign, tools, hoses, plants, etc.

I request that the school write immediately to [name deleted to protect privacy] and apologise to him for distributing his correspondence and breaching his privacy.  He deserves the job as groundsman for all his voluntary work for the school!  The way the Board treats volunteers is disgraceful!

I request that you inform me immediately: 

(1) specifically what information (referred to in the correspondence) the school received about me that led them to believe I was (or "could have been") a danger to the children, and 

(2) from whom specifically the Board (or O'Leary) received this information.

The correspondence to the Armstrongs is outrageous, the two letters to them clearly contain allegations that I am a danger to the kids, O'Leary knows perfectly well that I never told him any such thing, and that there was no meeting until AFTER I received the letter sacking me, ex Deputy Principal Dallas Powell knows this too. They know perfectly well that the local corrupt police officer told him the lies about me being charged, not me, as he is not dishonestly inferring!  The visit to the Armstrong's by Emily Brown was equally outrageous and she should resign immediately because of that alone - how dare she go around the community breaching my privacy and spreading lies like this!!!?  How unprofessional!  I requested a meeting with the Board!

I request an immediate meeting with the Board to discuss the letter which I received from Gavin Kennedy. The last paragraph promises me my job back if I am "acquitted of the charges withdrawn" - there never were any charges as everyone knows, and I want my job back without further delay please.

I understand you were appointed on 1 October 2010.  How is it then that Wayne Rogers was hired and fired by Rod O'Leary and the Board if you were specifically appointed to manage employment issues (among other things)?

I look forward to your urgent response.
Kate Raue
Let's Get Growing NZ

Transparency in New Zealand

Shortly afterwards I received this email from Elaine Scully - further evidence of her incompetence and of the dishonesty of the Board and the other parties, the Privacy Commissioner, Ombudsmen, etc, who all denied any information about me existed - more and more is being revealed all the time while they continue to blatantly lie:

Hi Ken

We have had the attached email in from Kate. 

I spoke with Emily yesterday to try and ascertain how she got the attached letters.  Emily is sure she has stolen them from her letterbox.  Unfortunately for us, Emily has admitted that she often doesn’t clear her letterbox (which is on the main street) for days at a time. 

I have not responsible for this info getting into Kate’s hands as she states.  I phone Emily or leave a message on her answerphone every time I drop mail into her letterbox.  The only other way I give her board info is to hand it to her son Zac and ask him to take it home (this is usually non important info).

We have phoned the Police and asked them to come down to track this for us.

Any advice?  Do you want me to inform all the board members about what is happening?  Ray [Ray Craig, former Chairman of the Board of Trustees] was in the office this morning so I have informed him.

Cheers

Elaine.

I emailed Scully on the 3rd March 2011 asking for an apology and I'm still waiting.  She gave the letters to another Zac by mistake.  This is absolutely typical of the dysfunction, bullying, incompetence and corruption of the governance and the Board of Trustees of the South End School, the ministry of Education, the ERO, the Privacy Commissioner, the Ombudsmen and the corrupt New Zealand Police!

In an interesting coincidence, on the 25th November 2013 the local 'news' paper, the Wairarapa Times-Age, who are in the business of spreading politically biased happy clappy 'news' for all their mates and slandering everyone else, printed a 'story' titled "Big day for fixit man Super Mario, caretaker at South End School"  - the author of this 'report' is quoted as being none other than Elaine Scully.  Scully is not a journalist, and this isn't news - unlike the matters involving myself and Mr Rogers.  The article, which featured a photo of Mario Geremia (a very 'good friend' of Mrs Scully) wearing a silly hat, states:

"South End School's caretaker Mario Geremia celebrated his birthday at school this year and was made guest of honour at morning tea by the staff.  His hat reads "Super Mario" as there is nothing he can't do and he has our school looking perfect all the time.  He can construct and build, is a brilliant photographer, keeps the grounds immaculate and can repair anything.  We are truly blessed to have him here as a staff member.  The hat was presented to him by the staff and the children all sang happy birthday to him when they saw him in the playground on the day of his birthday.  Photo supplied."

And what is particularly disturbing and 'coincidental' about this is that the editor of the Wairarapa Times-Age, a little weasel of a man called Andrew Bonnallack, has steadfastly refused to report on Kelvyn Alp's demand for the Ombudsmen to reopen the inquiry and the subsequent overturning of former Chief Ombudsman Beverley Wakem's decision, or the revelation that I was right all along about the source of the slanderous defamatory lies that have done so much damage to my reputation and employment prospects for the last six years or more, or the recent pathetic excuse for an apology - while the WTA prints propaganda on behalf of Chief Witch Hunter and Gossip Spreader Elaine Scully instead!

Even more disturbing is that a man called Geoffrey Ball aka Godfrey Ball was recently charged with a number of sexual assault charges involving young and vulnerable victims and Police had stated that more victims were coming forward as a result of publicity regarding the complaints.  On 7th August 2014 Godrey/Geoff Ball committed suicide according to news reports.  His death notice, which was published in the Wairarapa Times-Age on 13th August 2014, states that he was the friend of one "Mario Geremia".

A growing number of other politicians are choosing to ignore what's really going on in our schools and government organisations like the Privacy Commissioner's Office, the Ombudsmen, IPCA etc, luckily, Kelvyn Alp is a man of action, not idle rhetoric, he sorts things out and gets results, gets the truth, instead of just fobbing people off like so many others.

Here's a link to the latest disgraceful response from the Office of the Ombudsmen - seem to have a problem embedding it . . .



This is an ongoing litany of lies, I never took a child to a supermarket without permission and both the school and the Police have repeatedly denied that they shared any information about me - repeatedly stating that no such information existed - so where is this information about this latest pack of lies?  - Where is the information that the school and the Police have been denying the existence of all this time??? 

Where is ANY information about this "information sharing" - this little gossip session - this witch hunt!  WHICH Police officers took it upon themselves to call public meetings to slander and defame me for criminal and political purposes?

The Board of Trustees claim that the Minutes of the Board meeting(s) at which the matter was discussed and the decision to send the letter was made "have been destroyed" - that's called "destroying evidence for the purpose of perverting the course of justice"!

And what of corrupt Privacy Commission investigator Dawn Swan - who invented the cock and bull story that it was ME who told the school the nonsense that Police had recently charged me with an offence involving a child?  Swan continues to collect her big fat paycheck to this very day, while she continues to refuse to acknowledge that I didn't tell anyone I'd been charged with an offence involving a child, let alone apologise for it!

And what of Dame Beverley Wakem, former Chief Ombudsman, who corruptly signed off on the previous "investigation" - cover up - of my complaint into these matters - New Zealanders should not be forced to seek the assistance of Kelvyn Alp and he should not have to bother himself prodding corrupt public officials to do their jobs while so called elected members of parliament do NOTHING!

There is evidence that three independent witnesses rang Police because I was the victim of a violent home invasion on 11th February 2009 and that was the only "incident" that occurred - Constable Peter Cletus Cunningham has a long and well documented history of LYING and CORRUPTION and he deliberately fabricated a cock and bull story about a non existent "incident" while refusing to charge the offenders for a serious, unprovoked, violent attack by a pair of lying convicted benefit fraudsters!

We have requested an extension of time to respond to this provisional opinion because it is clear that there are glaring discrepancies between the information that was previously provided and these new claims and if the claims in this letter are true - WHERE IS THE EVIDENCE OF IT?

Nicholas Taiaroa Stevens - Some people feel the rain, others just get wet.

Nicholas Taiaroa Stevens was found this morning.

Hamilton Police finally announced yesterday that he was missing, earlier today his father issued a desperate plea for information and assistance with the search for Nicholas.

The volunteers who run the Hamilton Homeless Trust pointed out that Nicky wasn't homeless, but he was greatly loved by all who knew him, they've been raising awareness that he's missing for days on social media etc, and asking for information.

This message is shared from Nicky's dad - Dave Macpherson -  with great sadness.

"Sadly, we have to tell you that our youngest son Nicholas (Nicky) has passed away.

He was found dead in the Waikato River this morning.

We have just seen him, and he looks very peaceful. He had some tortured times recently, but one consolation is that these are now over for him.

We want to thank the many, many people – family, friends, old schoolmates and others that have reached out to us in the last couple of days with messages of support and hope – Nick had a LOT of friends who wanted him to stay with us and to be well; sadly that won’t be the case, but we know he will be missed.

We want to also say that Nicky’s death was preventable on this occasion, and when we have had time to grieve as a family, we will be taking this up with the medical authorities who have failed to properly exercise their duty of care over Nicky.

We ask you to respect our privacy in the short term, and we will advise future arrangements for Nicky.

Dave and Jane"

Nicky was just 21.  Hey was born in the town where I live.

In light of the recent report from the IPCA regarding the manner in which Police treated a woman suffering from a mental health condition who was sexually assaulted by a hospital security guard, who then went on to sexually assault a second woman because Police did absolutely nothing about the first complaint, and the evidence of other serious problems regarding the treatment of mental health patients in Aotearoa New Zealand, it's clear that Nicky Tairoa Stevens is not the only one who's been let down.

Nicholas Ward Harris was killed in a prison cell after he was arrested, for being homeless in Hamilton basically.  It's not just Police, it's prison staff, mental health professionals, the so called justice system and the Courts, vulnerable people are being let down right across the board, while the meagre, taxpayer funded resources that are supposed to be spent treating, helping, supporting people who genuinely need care, are instead being spent on corrupt persecutory vendettas.

UPDATE - 16 March 2015:

Kia Ora whanau - as I have posted all week re Nicky - I would like to inform you of a public statement made by Nicky's whanau - I would also like to acknowledge the whanau for what they have gone through and are going through at this time , Nga mihi Alvina, Hamilton Homeless Trust.

Shortly after Nicky died his family began to speak up about what was happening to them, and they're co-ordinating discussion and constructive action among others who've been treated the same way and other human beings with basic empathy.

Nicholas Taiaroa Macpherson Stevens, 26.4.93 – 9.3.15 

A Preventable Death 

The Victim of Medical and Bureaucratic Malpractice 

Public Statement by his parents Jane and Dave, and brother Tony. 

~ 

Our family completely rejects a Waikato Hospital’s sham ‘investigation’, and calls for Hospital authorities to be held accountable by an independent investigation. 

Our son’s death was preventable, had proper and common sense procedures been followed. 

The day following the discovery of our son’s body in the Waikato River, our family received an email letter from the Waikato Hospital Manager stating the Hospital was going to conduct a 70-day internal investigation into the “service and care delivery issues” that the family had raised BEFORE Nicholas’ body was discovered. 

A mid-level manager of the Hospital was to conduct the ‘investigation’ – and the family was not asked for input into the personnel or brief for the investigation, and was told in the letter it would be offered “an opportunity to meet and discuss the findings following “ its completion. 

We will not participate in such a sham ‘investigation’. 

We demand a complete, independent investigation run totally outside Waikato Hospital, where the family has opportunity for input at all stages. Waikato Hospital should initiate and pay for this. 

The Hospital letter also refused us access at this point to documents showing communication between the Hospital and Police following the discovery that Nicholas had gone missing. 

FACTS ABOUT NICHOLAS’ CARE AT WAIKATO HOSPITAL

Nicholas was in Hospital under a compulsory care order under the Mental Health Act. He was admitted less than 3 weeks before his death after trying to commit suicide, requiring several hours of urgent surgery – which the family was not told about for several days. 

Against strong and repeated opposition from the family, Waikato Hospital granted Nicholas ‘unescorted leave’ from the Hospital grounds. 

The family warned Waikato Hospital staff and management on a number of occasions that Nicholas was in high danger of harming himself again.  

He had described to family members and friends two other suicide attempts while in Hospital on ‘unescorted leave’ – these had been passed on both to Ward staff and to management. 

Hospital authorities chose not only to ignore our opposition to ‘unescorted leave’, but planned to extend it on the very day he disappeared. 

When he disappeared, he was on his second period of unescorted leave in less than 2 hours. Nicholas’ care Management Plan stated that leave was for a maximum of 15 minutes – it seems he was absent for at least 90 minutes before he was discovered missing.  

He was only discovered missing when friends came to see him and he couldn’t be found. 

CCTV footage of the Henry Bennett Centre entrance and lobby show Nicholas being in the vicinity, going in and out of the door for a period well after his leave period ought to have expired. 

There is no (active) system of keeping records as to when patients in the Henry Bennett Centre go on leave, escorted or unescorted, or when visitors enter or leave the Wards. 

Nicholas’ situation is not the first instance like this at Waikato Hospital.

Had Nicholas been on escorted leave, as his family stated was the only safe option at that time, he would almost certainly have been alive today. 

Failing that, had his leave maximum period of 15 minutes been adhered to, and staff been sent to look for him, again Nicholas would almost certainly have been alive today. 

It is for these and other reasons that we assert malpractice on the Hospital’s part.

When he was discovered missing, Police tell us that the missing notice received by Hamilton Police from the Hospital did not mention anything about a suicide alert, or any danger to his health. 

Police therefore did not accord the report any high priority, and in fact did not even contact the family until almost two days after Nicholas’ disappearance – despite us lodging with their website missing person’s report system (we could not get to speak to ANY officer) our extreme concerns about his safety. 

We were finally contacted by Police AFTER we sent emails of complaint to the Minister of Police, the Police Commissioner and the District Commander of Police. They have claimed that timing is a coincidence. 

We believe the Police should be far more proactive when first receiving ANY such missing persons reports – this is not the first case where very prompt action may have prevented a disaster. 

We stress however that in no way do we blame the Police for what has happened, and we would like to especially thank Det Stephen Stokes for the sympathy and support he has shown us. 

The farewell service for Nicholas will be held at the Hamilton Gardens Pavilion, at 11am on Wednesday 18th March. 

Dave Macpherson

Dave Macpherson, Jane Stevens, Tony Macpherson-Stevens 

021-477 388 dave.macpherson@xtra.co.nz

There is no "compulsory care order" under the Mental Health Act.

There is a Compulsory Treatment Order though.  It's under Part 2 of the Mental Health Act, from section 17,  section 28 states this:

Every compulsory treatment order shall be either—
(a)  a community treatment order; or
(b)  an inpatient order,—
- and on making a compulsory treatment order the court shall specify the kind of order it is.

Section 31 establishes the Responsible Clinician as the person responsible for granting leave.  Certain so called responsible clinicians are extremely irresponsible indeed.  It hasn't been established who is culpable for the death of Nicholas Taiaroa Macpherson Stevens yet, but questions have most certainly been raised - the unacceptable thing is, that they were raised a long time ago, they've been repeatedly raised for a very long time.  Nothing was done about it.

Dave Macpherson said the family had written to the hospital at least 12 times before and after Stevens went missing, expressing "real concerns" about his care.

"What we're saying to the hospital is 'we've done the complaints, you didn't respond, and it's too late for an internal investigation'," he said.

The family wants Waikato DHB to call in the Health and Disability Commissioner or a similar independent body to head the investigation and wish to be consulted on the inquiry's brief.

Since Stevens' death, David Macpherson had been contacted by members of the public expressing concern about the care their family members had received at Waikato Hospital.

"We're more familiar with bureaucracies and systems than most people and we still couldn't make it work for our son. What hope have people got without our backgrounds?"

Good question.

In recent weeks the stain of Nicky's death has spread and darkened.

Jane, Dave and Tony are speaking up and calling for accountability, and being opposed and hindered by a system that is seriously dysfunctional now, due to the years and years of erosion of integrity, competent management and governance, and basic humanity, logic and fairness.

The Health and Disability Commissioner is in the business of 'resolving' complaints by employing strategies of 'damage control' - minimising complaints and fabricating excuses for the perpetrators instead of removing them from the system and forcing them to get a job in the real world - if they can.

Mrs Y v NZ Police officers A B and C -

Have NZ Police learned nothing from the Louise Nicholas saga, the Malcolm Rewa fiasco, and all the other damning indictments on their competency and integrity in recent years?

Despite the glowing whitewash job of Phillipa Smith, the Attorney General, the NZ Police are getting worse, not better.

Since the Bazely report, which identified serious problems within the Police administration, culture, management and governance, confidence in the Police has continued to plummet.

Click on this link to view the report of the so called independent Police Conduct Authority regarding a sexual assault on vulnerable women by a hospital security guard, and the utterly disgraceful manner in which the NZ Police dealt with her complaints.

Police treated her with utter contempt, and did nothing whatsoever until another woman made a complaint against the same security guard and one of the officers involved realised that his senior officer had allowed this offender to continue his sleazy activities after the first victim had complained. 

- References -

https://drive.google.com/file/d/0B-Evc9gAoXg9cElsdHhReUhfcjA/view?usp=sharing

http://www.oag.govt.nz/2015/police-conduct

http://www.scoop.co.nz/stories/HL0704/S00057.htm

http://img.scoop.co.nz/media/pdfs/0704/CIPCVol1.pdf  - Link to Vol 1 of report

http://img.scoop.co.nz/media/pdfs/0704/CIPCVol2.pdf  - Link to Vol 2 of the report

http://www.scoop.co.nz/stories/PA0704/S00050.htm - Police Complaints Bill

http://laudafinem.com/2015/02/12/christchurchs-aborted-cyfs-sexual-abuse-trial-serious-prosecutorial-misconduct-or-simple-bungle/

20 Corrections staff who could have been prosecuted over the death of Jai Davis

Posted on February 3, 2015 by rogerbrooking

 

What’s wrong with the police? For the second time, they have announced they will not be charging anyone over the death of Jai Davis in Otago prison. Davis died two days after he smuggled drugs into the prison by ‘internal concealment’ in February, 2011.
At the coroner’s inquest in November last year, Detective Inspector Steve McGregor said charges against Corrections officers had been considered – for manslaughter and criminal nuisance – but eventually claimed the evidence didn’t meet the threshold for a successful prosecution.
In reality, there is no threshold – the Solicitor General just made that up. But after the inquest, Inspector McGregor announced police would reconsider their decision not prosecute. Today, two months later, the coroner, David Crerar (right), announced the police have advised that no charges will be laid afterall. It seems the evidence still doesn’t meet the non-existent ‘threshold’.

The prison protocol
How is this possible? The Corrections Department has a written protocol called: “Management of prisoners suspected of internally concealing unauthorised items”. It says that the prisoner should be placed in a ‘dry’ cell – one without a toilet. When the prisoner needs to ‘go’, they give him a cardboard potty. Officers then examine the contents so they can retrieve the drugs and charge the prisoner with bringing in the ‘unauthorised item’. The policy also says that “a Medical Officer must be informed”. The reason is obvious – a prisoner with drugs inside might die. He needs to be examined and, if necessary, sent to hospital for an x-ray.
The Customs Service has a similar protocol and they advise that “no person has ever died while being detained by Customs” when following this policy.

Three prison managers involved
In Davis’ case, there were at least 20 employees at the Otago prison who ignored the protocol. Three of them were prison managers. The most senior was acting prison manager, Chris Gisler, who had been with Corrections for 21 years. Believing that Davis would be concealing drugs when he arrived, Gisler gave the order to segregate him in a dry cell ‘for the purpose of security, good order, or safety of the prison’ under section 58 of the Corrections Act. He probably could have saved Davis’s life by using section 60 of the Act – ‘segregation for the purpose of medical oversight’.  But he didn’t think of that.
Gisler was off duty when Davis was brought in so he delegated the task to Operations Manager Ann Matenga and Security Manager Michael Fitzgerald. On Friday 11th February, 2011 when Mr Davis arrived at the prison, Ann Matenga signed the segregation order stating:

“I will notify the Medical Officer of the prison of this segregation within the applicable timeframe after the above named prisoner is placed in a cell…”

The applicable timeframe was three hours. Ms Matenga was on duty all weekend but never called the doctor. At the inquest she claimed she didn’t know that ‘medical officer’ meant ‘doctor’.
Michael Fitzgerald was the Security Manager. He briefed the security team that Davis was coming in with drugs on board. One of his team then went to the prison health centre and advised the nurses on duty of the situation. The reality was that Gisler and Fitzgerald were totally focussed on security issues – preventing Davis passing the drugs to other prisoners – so they didn’t even think about calling the Medical Officer. Nor did they check with Ann Matenga to see if she had done so. Not one of these three managers thought it necessary to advise the prison doctor that a man was being brought in who was at risk of dying from a drug overdose. It wasn’t even discussed.

Six prison nurses involved
Six different nurses were on duty over the weekend – three of them on the day Davis died. They all knew Davis was in the dry cell because he was suspected of concealing drugs internally.
None of them called the doctor – not even on the Sunday morning when the prison officers on duty noticed Davis had deteriorated and looked seriously unwell. So unwell, that one said:

“He looked like a corpse. His eyes were sunken and he had the cold sweats. .. his breath smelt like faeces… and he had slurred speech as well. He looked as though he should have been in hospital.”

Because the officers were concerned, nurses checked on Davis three times that morning but did nothing. One of them, Gayle Catt, told Corrections Inspector David Morrison, that…

“(Davis) seemed to slightly deteriorate from 7-30 to 8-30am. My concern was that he would go unconscious but officers would think he was asleep.”

Three years later at the inquest, she’d forgotten she said this and claimed: “He was well; he was absolutely well every time I saw him. I had no concerns about his physical safety whatsoever.”
Then there’s Janice Horne, the last nurse to see Davis alive. She was on the afternoon shift on Sunday and only went to see Davis once in her eight-hour shift – at about 4 p.m. Even then, she didn’t go into his cell to examine him. She spoke to him though a small flap in the cell door. Afterwards, she made an observation in his Medical notes that he appeared to be under the influence of drugs…

“because of the slow movements that he was making… she had a conversation with the unit officer where she stated to the officer, Mr Davis ‘looks stoned’.”

Nurse Horne didn’t seem to realise how serious the situation was. She carried on with her other duties, knocked off work at 8 p.m. and went home. Davis appears to have died two hours later. His last recorded movement on the CCTV tape occurred at 10.01pm. A few months after Davis died, Janice Horne resigned and went to live in Australia.

The health centre manager
Despite the risk posed by internally concealing drugs, not one of the six nurses on duty over the weekend called the prison doctor. Not one of them even bothered to consult with the health centre manager, Jill Thompson, who was the head nurse. If they had, Ms Thompson could possibly have saved Davis’ life. When she was interviewed after his death, she said:

“As there was clear knowledge that this person was concealing drugs, why did he come here in the first place? The prison is 45 minutes away from a hospital. If drugs had exploded in a prisoner’s gut, we would not be able to get (him) to the hospital in time…”

That’s her clinical opinion on what should have happened. But it didn’t happen – because Jill Thompson wasn’t at work on the Friday afternoon when Davis was brought in. She wasn’t away at a managerial seminar. She wasn’t sick. Three years later when asked by lawyers at the inquest where she was on that Friday, Ms Thompson claimed she didn’t remember.
The police didn’t seem to realise the significance of Jill Thompson’s unauthorised absence. In the course of a three year investigation, they never even asked her where she was that day. Perhaps she went shopping. The point is she abandoned her legal duties and Mr Davis died. That’s called negligence and it’s potentially a criminal offence. But Ms Thompson was never prosecuted. She didn’t lose her job. She wasn’t reprimanded by Corrections. She wasn’t even questioned by police.

Ten prison officers involved
At least ten Corrections officers were also aware that Davis had drugs on board – and could have called the doctor. Five of them escorted Davis from the prison gate to the At Risk Unit. One of them, Chris Dalton, wrote on Mr Davis’s At Risk management plan “information received from operational intelligence unit that prisoner is concealing drugs on person.” He told police it was his role to ensure the safety of both staff and prisoners and “if anything needs to be done when there is no manager, it falls upon me to action that request.” There was no manager, at least no health centre manager. But Dalton didn’t call the doctor either.
Another officer, James Neill testified that he was briefed by security manager Michael Fitzgerald. He said he then went over to the prison health centre and advised two nurses that “a prisoner was coming in suspected of concealing drugs”. Mr Fitzgerald showed one of the nurses a document titled “Advice to Prisoner Suspected of Concealing” and said “a medical officer is required to sign it.” But the medical officer wasn’t there. Mr Fitzgerald took the form away – so no one signed it. (The medical officer was hardly ever there. See Prison deaths linked to Corrections refusal to employ sufficient doctors.)

There were also half a dozen other prison officers on duty in the At Risk Unit on the day Davis died. Two or three of them were concerned that Davis had deteriorated and should have been taken to hospital. But none of them made the call – they all thought it was the nurses’ job.

The police have a job too – to prosecute those responsible when their negligence contributes to someone’s death.   At the inquest, Senior Sgt Colin Blackie who conducted the police investigation, gave the impression that, at the very least, he would have prosecuted some of the nurses. But he was taken off the case. The harsh reality is that no one in the Corrections Department has ever been prosecuted over a so-called ‘unnatural death’ in prison.

Investigators reveal Police incompetence or corruption in Guy murder:

Ewen Macdonald was acquitted of murdering Scott Guy in July 2012.  In September 2012  Macdonald was sentenced to five years in prison after he was found guilty of a number of other serious crimes, which he strenuously denied until Police elicited a confession from his partner in crime - and in who knows what else - one Callum Boe, a vulnerable orphan with a brain injury who was considerably younger than Macdonald.

Boe was convicted of arson, theft and intentional damage, he was sentenced to two years in prison, it is unclear how much time he actually spent in prison, the real question is why was he not called to give evidence by the Crown prosecutor, Ben Van der Kolk, who is a good mate of Macdonald's brother, a local Police detective.

Macdonald was sentenced to:

• nine months for poaching the Hocken family's prize stags, 
• nine months for emptying the milk from Nigel Sexton's vat, 
• twelve months for bludgeoning nineteen calves to death with a hammer, which was prosecuted as "willful damage",
• two years for burning down Mr Sexton's duck shooting mai mai (camouflaged hut used by duck hunters),
• three years for burning down Scott and Kylee Guy's farmhouse,
• two years for vandalising Scott and Kylee Guy's new home.

The two sentences on the arson charges were cumulative and the rest were concurrent, which means the sentence amounted to a total of five years.  Macdonald's lack of remorse and repeated denials were the subject of comment from the Judge.  A few weeks after the sentencing Macdonald's lawyer, Greg King, appears to have committed suicide.  Macdonald first application for parole was about a year after he was sentenced.

In November 2013 Ewen Macdonald was denied parole for a second time, the Parole Board said he had a "significant personality disturbance".  Strangely, nobody ever suggested he be examined by a psychiatris.  He bears all the marks of a psychopath, and a sociopath.  After the murder Macdonald sought - and gained - a position on a local school Board of Trustees.


Recently investigator Mike Crawford sent cell phone data obtained from the Police file on the murder to  UK based intelligence analyst.  The investigators claim a series of mystery phone calls were made to slain farmer Scott Guy on the night prior to his death, and on the day of his killing, which may hold the key to the four-year-old murder.


Shortly after Macdonald's trial the Sensible Sentencing Trust approached four private investigators in a bid to bring Scott Guy's killer to justice.

The team has uncovered calls from a mystery phone number which were made to Scott Guy's phone the night before he was murdered. They believe he received another call from the unidentified number on the day of his death.  He was murdered early in the morning, around 5 am, so these calls would appear to be significant and relevant to the investigation, and it is outrageous and incredible that the Police have been unable or unwilling to find out who made them!

Investigator Mike Crawford said the evidence provided by police was "incomplete ... text messages were not there, there was an absence of cell-site data and three numbers did not have subscriber details attributed".

"We asked for raw telecommunications data from the cellphone sites in the area. The police came back and told me they never got that data, they overlooked it. I mean that is crucial evidence especially in a small rural area. You would then be able to see the phone numbers, who was texting or leaving messages - they never did that."

Crawford said after their probing, he and his team believe the main offender in the Scott Guy murder may have had an accomplice.  Callum Boe and Ewen Macdonald used to boast about their night time "missions", and there was speculation that Scott Guy became aware that there was an inappropriately close relationship between Boe and Macdonald, and fearing exposure, and filled with hatred, a sense of entitlement, and a desire for revenge for perceived slights, Macdonald murdered his brother in law.  Boe would be the obvious suspect as an accomplice.

After the jury found Macdonald not guilty of murder, police stated that they had no other suspect.

Crawford and his team believe there are still new lines of inquiry to be explored, but they are hamstrung because of a lack of funding.  It is outrageous that we are paying taxes to fund an incompetent and corrupt Police force, while so many killers walk free, thanks to a dysfunctional and corrupt 'justice system', while victims are forced to pay private investigators after Police appear to have destroyed evidence or deliberately failed or refused to obtain the evidence of who it was who rang and texted Scott Guy in the hours before his murder!

Something needs to be looked at regarding NZ Police "information sharing":

So while the IPCA are justifying local Police officers like Constable Jackson telling the victims of assaults he "can't be bothered getting off his backside" and the so called inquiry into how a number of senior officers were involved in deliberately throwing hundreds of child abuse files in the rubbish bin and lying about it, senior local officers are plotting how to shut down my website apparently, in an appalling act of cyber bullying, because I am allegedly "using" my "Blog" to "make statements regarding our staff" according to these two senior officers!   

This email, sent from one senior police officer to another, says "Something needs to be looked at regarding RAUE using her blog to make statements regarding our staff."  Anyone who doesn't believe me can obtain clarification very easily using the Official Information Act, and this is a good site to do that if you wish.

As usual, if anyone has an issue or a complaint regarding the content of this site, they are most welcome to request the correction or removal of any of it, by emailing me at the address listed on my blogger profile, or commenting on the relevant (or any) post on the sites.  Few people bother, and most who do are advised to sue and never do for obvious reasons.  One did, and lived to wish he never had.

Here's the email I recently received (click on the image to open, or open in Paint program, if you have trouble viewing any of the images):

 

Judith Collins has just brought in "anti cyber bullying laws" as she quaintly likes to call them - but what they really are are an unprecedented assault on free speech and basic human rights!  It has a nice name like anti cyber bullying law so people will nod their heads and think "that's a good idea", but the reality is that all we needed were amendments to existing laws regarding threatening and offensive behaviour and communications, to include digital devices as well as telecommunication devices.  

Local police are worried about the statements I'm making on this site and others about their staff all right - like the statements at THIS link about we've got twice the national rate of suicide because they're corruptly covering up a massive paedophile ring!

It get's worse - shortly after this email was sent, I was corruptly incarcerated in a high security mental institution, labelled with delusional disorder - or "Delusional Disorder" as the "Doctors" like to call it, with nice big capital letters to try and legitimise their eugenics agenda - the DSML is largely utter quackery!

I told the people responsible for these outrageous and corrupt acts that I would document them and publish the evidence on the internet as soon as I got out, which I did.  Our mental health system is an utter disgrace - a travesty - a tax payer funded circus of incompetence and corruption, because of incompetent and corrupt governance that allows and enables it to continue.  A lot like the Police force, and other so called 'public services'.

Official Information Act request regarding the unlawful taking of my DNA by force:

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

- 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:

Police intend offering "Hearsay" now - latest strategy from Masterton prosecutor reaches a new low:

Ta da!  

Here's the latest attempt to pervert the course of justice by the Masterton Police prosecutor Garry Wilson and his girlfriend Liz Harpleton, a registrar at the Masterton Court, and disgraced, corrupt bully, ex Constable Paul Dallinger, who was apparently sacked from the NZ Police recently - or abruptly perfed out of the force (resigned in exchange for a huge payout, known as 'perfing') when the investigation into his sadistic criminal activities was instigated:

 

This was at the hearing which was adjourned after Police prosecutor Sgt Lawrence told Judge Hobbs she had a conflict at the formal proof hearing!  Sgt Lawrence had a conflict on the 16th of July but suddenly she didn't have a conflict on 12th September?  This will never stand up to cross examination - just like Paul Dallinger's 'evidence' will never stand up to cross examination - because he'll be asked about his sadistic and violent vendetta against me - about how he kicked in the door of a fourteen year old girl to handcuff me and wrestle me to the ground and waste the time of the Court, and the taxpayers, after he and Constable Harvey Pope leapt into action after this vague phone call from a person who made it perfectly clear that he didn't want to make a complaint: 

Ex Constable Paul Dallinger and Constable Harvey Pope used this pathetic excuse to assault me, take the bicycle without permission or authority, and then smash in a fourteen year old girl's bedroom door, assault me again, lock me in Police cells for hours subjected to cruel and humiliating treatment as described by a number of lawyers.  The caller (pictured above with one of the malicious instigators of this nasty vendetta, Kirsten Grenfell of Barnardos) made it perfectly clear he didn't want to pursue the matter!  Constable's Pope and Dallinger had NO authority to assault me or take the bicycle whatsoever - let alone kick in the door and "arrest" me!

This is more evidence that local people do not support the actions of local Police - who tried to get the witness to support them - this is outrageous - the witness told them that she'd heard me tell them the bike wasn't stolen, and that I'd been riding it for months with the full permission of the owner to whom I'd be returning it shortly - Pope and Dallinger had no authority to take the bike at all and that's what I told them and that's what the witness heard.  And even if there HAD been a complaint - which there WASN'T - it was no excuse for the way they behaved - kicking in a young girl's bedroom door because I allegedly swore at them?  Outrageous violence, and out of all proportion to the alleged offence, and clear evidence of their sadistic and violent behaviour!  Here's another statement from the person who Dallinger claimed gave them permission to smash the door in - this statement was made regarding another incident when they did the same thing after they came screaming into the driveway with sirens and lights going because they'd seen me without a bike helmet on - these people are still waiting for Police to pay for the damage they did to the door and they did NOT give permission at all, and neither did I give permission for them to take the bike - which was NOT stolen!

 

Local Police are violent thugs, who kick in bedroom doors to "arrest", handcuff and assault the victims of domestic violence and other bullying in this community - and then slander them to their employers, while they cover up the actions of dangerous recidivist violent offenders and serial child abusers.

And this is after the Crown announced they intended to offer no evidence of allegedly perverting the course of justice all of a sudden.  As well as suddenly announcing they intended offering no evidence of allegedly assaulting Constable Gallagher recently - because "Constable Gallagher accepts that no assault took place" - yes it did - Constable Gallagher assaulted ME, and so did Kathryn McIraith, another liar - which is why I was acquitted!

NZ Police corruptly take DNA unlawfully - the new Police State:

Following the ruling of Judge Behrens QC that the Police had failed to prove that there was a case to answer, regarding the two charges which were corruptly laid by Constable David Gallagher - after having to represent myself at the hearing after the appointed lawyer failed to turn up to Court and ignored my instructions and communications, on corruptly laid charges which were used as a pathetic excuse to illegally take my DNA, charges which the Police couldn't wait to admit should never have been laid in the first place - AGAIN - I wrote the following letters to Mark Elliot, the Manager of the Masterton Court:

To the High Court, Wellington

and

To Judge Behrens QC

Ref:  CRN 12035001648 and CRN 12035001649

I wish to hereby request the transcript or the recording of the Court hearing of the charges against me which were heard before Judge Behrens QC on 6th March 2013, for the purposes of making an application for costs, and several formal complaints regarding the actions of the NZ Police, including complaints of perjury and serious corruption.

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!

This DNA sample was UNLAWFULLY TAKEN - I was NOT charged with - or even suspected of - committing any offence under Schedule Part 3 of the Criminal Investigations Bodily Samples Act!  The notice I was given lists NO SUCH OFFENCE!  Masterton Police KNEW that the sample was taken UNLAWFULLY - this is OUTRAGEOUS CORRUPTION!

I wish to hereby make an application for a Judicial Inquiry into the matter of the campaign of corrupt harassment of me by certain police officers and the failure and refusal of the IPCA to acknowledge or investigate formal complaints as required by law.

I wish to hereby make an application for costs regarding the matters dismissed in the Masterton Court last week.

__________________________________

To the High Court, Wellington and the District Court at Masterton:

Ref:  CRN 12035001648 and CRN 12035001649

I wish to hereby request the transcript or the recording of the Court hearing of the charges against me which were heard before Judge Behrens QC on 6th March 2013, for the purposes of making an application for costs, and several formal complaints regarding the actions of the NZ Police, including complaints of perjury and serious corruption.

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 wish to hereby make an application for a Judicial Inquiry into the matter of the campaign of corrupt harassment of me by certain police officers and the failure and refusal of the IPCA to acknowledge or investigate formal complaints as required by law.

I wish to hereby make an application for costs regarding the matters dismissed in the Masterton Court last week.

Katherine Raue

_____________________________________

"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 went to the the Masterton Court yesterday, 15th March 2013, and attempted to formally file an application for a Judicial inquiry into the corrupt campaign of harassment and  unlawful prosecution, etc.  I was fobbed off in the usual manner.

I sent this letter to the Court on 20th March 2013:

To Judge Behrens:

Your Honour,

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:

Dear Louise,

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.
Regards
Katherine Raue
__________________________________________________________________

    I received the following response from Louise Elder on 19 December 2012, this is it:

    "yes disclure is on its way

    regards

    Louise"

    ________________________________________

"Dear Louise,
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!

Yours sincerely
Katherine Raue
____________________________________________________

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 I allegedly swore at them.  The prosecutor knows that I'd cross examine Constable Dallinger about the fact that he and Constable Pope 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.  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.  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.

Most respectfully,
Katherine Raue.