Filed at: Wellington File reference number:
In the matter of an Application for a Declaration, for Relief, and for Orders of mandamus, certiorari and prohibition.
In April 2009 I received a letter from the Board of Trustees of the South End school in Carterton, where I worked establishing gardens at the school with the students, teaching the children to grow their own food (and cook it, store it and trade it) instead of relying on the handout mentality, teaching them basic life skills, as well as a very successful holiday program teaching a wider range of skills, as well as delivering a very effective suicide prevention program.
The letter from the Board of Trustees states that the Board had recently received information that I had been recently charged by the Police with an offence involving a child, and it requests that I cease my work at the school on the basis of that allegation, which is false.
I believe that the fabrication and dissemination of the false allegation is deliberately malicious, and that attempts to defeat justice regarding this matter amount to serious corruption. This view is shared by a number of senior professionals who have been involved or consulted in regard to these matters, including a number of lawyers and health professionals, who have expressed their concerns in writing.
The letter further states that should the charge – the non existent charge – be withdrawn, or should I be acquitted of it, the Board would be happy to reinstate me.
I was most surprised to receive this letter because I had received a visit from the Deputy Principal, Dallas Powell, several weeks earlier. Ms Powell and I were
friends prior to her involvement in this matter, and the purpose of her visit to me was to discuss the fact that the Police had provided information to the school about me which Ms Powell believed to be untrue – which I confirmed.
During this visit Ms Powell stated to me that this allegation was being discussed among staff and members of the Board of Trustees at the school, and in the community apparently, following information provided directly by local Police officers – FALSE information – namely, that I had recently been charged with an offence involving a child.
I have never been charged with an offence involving a child in my life and I can certainly prove that, and have the evidence to do so, and I told Dallas Powell that very clearly during this visit, which was prior to me actually receiving the letter.
In fact, I decided to check, and in Ms Powells's presence I rang the Masterton Police Station Prosecution section and asked whether there was something they hadn't told me and whether in fact they thought they HAD charged me “with an offence involving a child”, or whether they had any plans to do so. They confirmed that I was correct and that no such charge existed.
The letter from the Board of Trustees was delivered to my letterbox without a stamp on the envelope, several weeks after it was dated. There had been no other communication between the school and me during the time between the visit from Dallas Powell and the receipt of the letter and Dallas Powell clearly understood that the allegation which she put to me verbally was totally untrue and that I had NOT been charged with an offence involving a child EVER, let alone “recently”. She told me that she would pass on what I had said to the Board and staff at the school, and I assumed that was the last I would hear of the false allegation, until I received the letter.
There is evidence of communication between the Police and other key parties involved in these matters, there is indisputable evidence that the Police gave that false information to the Board of Trustees, not me.
Dawn Swan of the Privacy Commissioners Office alleges that I told the ex Principal of the school that I had been recently charged with an offence involving a child – which is arrant nonsense and nobody in their right mind would believe her preposterous suggestion!
Dawn Swan's corrupt cover up of this matter amounts to a deliberate attempt to defeat justice and pervert the course of justice!
Both Dawn Swan and the parties representing the South End School have been deliberately lying regarding the source of the information in the face of the indisputable evidence that it came from someone other than me.
There is considerable evidence that I have been unfairly and unjustly persecuted, and slandered and defamed in a corrupt and unlawful manner by the parties to this matter, and that the respondents have deliberately conspired to defeat the course of justice regarding these matters and that certain parties to these proceedings have obtained a pecuniary advantage from the ongoing and corrupt investigations into these matters. The fact that a representative of the Office of the Privacy Commissioner is lying to this extent is a matter of extreme concern!
Immediately upon receiving the letter dated 25 March 2009 I went to the school and informed the Principal and the school Secretary that the allegation was untrue, requested a meeting with the Board as soon as possible, and requested that this information be corrected, and that the specific source of the information be disclosed to me as well as the manner of its communication to the Board, and I made requests under the Privacy Act and the Official Information Act for all information regarding the matter, and requested information on the school's policies and procedures, and stated that I wished to make a formal complaint about the decision to send the letter and the manner in which the Board had dealt with this matter.
The requests under the Official Information Act and Privacy Act resulted in very limited information being provided. The school has attempted to evade all requests for information and has repeatedly denied the existence of information which they have later been forced to provide after being confronted with evidence proving its existence.
The school claimed that any Minutes or notes regarding any meeting or discussion or communication between the Board and the source of the information regarding the allegation, or indeed any discussions or communications or notes or Minutes at all regarding this matter, had been destroyed or did not exist. This is BLATANT corruption! It is beyond the bounds of belief that any evidence of discussion by the Board regarding the letter I received does not exist and if it has been destroyed for the purposes of perverting the course of justice – as certainly appears to be the case according to the EVIDENCE – those responsible must be charged with that immediately!
There was also certainly no evidence whatsoever of any 'incident reports' for example, regarding any concerns about me – none whatsoever.
My good relationship with the school was certainly confirmed in the final paragraph of the letter, which states that the Board would be happy to give me my job back if the charges are dealt with in my favour, and other evidence such as the annual thank you notes, and invitations to judge the Pet Parade, attend the morning tea held annually to thank the staff and volunteers at the school, etc.
The final paragraph – and other parts – of the letter confirm that I was a valued member of staff and that my contribution to the school was much appreciated by all concerned, and that the Board looked forward to resuming my employment if the charges were withdrawn or I was acquitted. The non existent charges.
Despite this the Principal, Rod O'Leary – who has since left not only the South End school, but the teaching profession entirely and is now mowing lawns for a living instead – asked me not to come to the school “until the matter is sorted out” and began a campaign of bullying and threatening me when I went to the school.
I continued to request that a meeting be arranged between myself and the Board as soon as possible.
The Board has consistently refused to meet with me or engage in any constructive manner whatsoever regarding this matter.
Mr O'Leary's manner became aggressive and hostile shortly after I asked for the information to be corrected and requested a meeting with the Board.
Further hostile and aggressive action was directed at me from the ex-groundsman, Thomas Smith (another well-known local bully) when I subsequently visited the school after my written communication was ignored. I was physically intimidated and threatened by both men – both have since left the school after other complaints about their bullying and dishonesty, and the failure of their Court case against me.
I informed the school of my intention to take the matter to the Employment Tribunal, although I received legal advice that I should take action in the High Court instead as this is more than a simple employment dispute – this is a serious attempt to pervert the course of justice by the Privacy Commissioner and others – including the NZ Police, who started this trouble in the first place by spreading malicious and slanderous lies about me, and the Ombudsmen, who were forced to reopen their “investigation” after complaints from the public and politicians about this matter, which is CLEARLY an attempt to pervert the course of justice!
Mr O'Leary and Mr Smith complained to Police that I called them “thieving crooks” in 2010 but both Mr O'Leary and Mr Smith failed to turn up to Court on the day of the hearing – because they knew full well that the charges were corrupt and without foundation - so I was acquitted when Police announced that they had no evidence to offer.
Police acted corruptly in even laying the charge let alone proceeding with it – as they have done regarding a number of charges since I arrived in the Wairarapa. Calling anyone a “thieving crook” is not illegal and it was not even inappropriate under the circumstances, which is why none of the parties dared to show up for the Court hearing – for which they should be charged with contempt of Court!
There has only ever been one meeting between myself and the Board regarding this matter and that was on 17th December 2013, I was invited to this meeting by a member of the Board, Greg Sandall, but was ordered to leave upon arrival by Elaine Scully, the school secretary, and the current Chairman of the Board of Trustees. Logan Bathurst. No reason was given
On 17 December 2013 Elaine Scully made yet another untrue allegation against me at the Board meeting, alleging that I had not turned up to Court on the day of a hearing – the Principal and groundsman are the ones who didn't turn up to Court which is one of the reasons I was acquitted – so Elaine Scully needs to correct this information, acknowledge that she was in error – again – and apologise without delay!
She also alleged at this meeting that I hadn't turned up to a hearing involving the local Mobil garage (who defrauded my bank account of $60) – she needs to apologise for that allegation as well, because my appeal was successful, on the grounds that I was denied a fair hearing because nobody informed me or any of the other people affected when the Masterton Court moved from the Council building to the site of an old supermarket and that was why we 'didn't attend Court' because they moved the Court and didn't tell anyone. The Judge also ruled that there should not be a rehearing because I was obviously innocent!
That matter was none of Elaine Scully's business anyway and it was extremely inappropriate that she refer to it in the manner that she did – or at all for that matter – it was a further attempt to slander and defame me to members of the Board!
Elaine Scully, (the school Secretary, and the Principal) Rod O'Leary, then added insult to injury by unjustly sacking the former community garden manager Wayne Rogers, who had been working as an unpaid assistant to the paid groundsman, the aforementioned Thomas Smith, until Mr Rogers was unceremoniously sacked in a manner similar to the manner in which I had been treated.
Elaine Scully then made this matter worse by giving a bundle of correspondence regarding the matter to the wrong child to take home to their mother, whereupon the correspondence ended up in the hands of a total stranger – which was a gross breach of Wayne Rogers' privacy and he was rightly outraged when he found out.
The correspondence was given to the wrong child to take home to their mother by none other than Elaine Scully the school secretary. The mother who received it spoke to me about it, I told her that I had previously employed Wayne Rogers at the Community Gardens, I consider him a friend, and I offered to return the correspondence to him and explain to him how the wrong person had been given it.
Wayne Rogers thanked me for returning the correspondence to him, and authorised me to copy it and make formal complaints to the Board of Trustees on his behalf regarding the manner in which he was sacked and the manner in which his privacy was breached, which I did.
Elaine Scully actually complained to the Police that I had stolen the correspondence from Emily Brown's letterbox which is an outrageous accusation – I can produce the witness whose child was handed it by Elaine Scully! This is one of many false and defamatory allegations made against me by Elaine Scully, who has also been involved in other complaints from students and their families, she has been forced to apologise for her actions previously – the latest false accusation she made in December about me not turning up for Court is another example – it was the Principal and the groundsman who didn't turn up! - Because they knew the allegations were nothing short of PERJURY and a blatant attempt to pervert the course of justice with a vexatious and malicious prosecution!
Since 2009 the Board – and the Statutory Manager who was appointed by the Ministry of Education (Ken Wilson) – have refused to engage with me in any constructive manner whatsoever to resolve this matter, people associated with the Board and certain staff members – in particular the school Secretary Elaine Scully – have been spreading untrue and defamatory and slanderous allegations about me in the community, and this matter was at the foundation of the Application for Judicial Inquiry I filed in the High Court in 2010 – which was apparently discontinued WITHOUT my consent which was a serious miscarriage of justice. Repeated requests for Mr Wilson's email address were ignored.
Elaine Scully and Board member Emily Brown are continuing to spread a number of other false, slanderous and defamatory statements about me – including the most recent incident, which occurred at the meeting on the 17th December 2013.
Since 2009 I have exhausted every effort to resolve this matter, including appealing to the Minister of Education, the Privacy Commissioner and the Ombudsman.
Dawn Swan of the Privacy Commissioners office continues to deliberately lie in her so called 'investigation' of my complaints – she claimed that there was evidence that I provided the information (that I had been recently charged by Police with an offence involving a child) to the school, which is a deliberate lie – there is no such evidence as Dawn Swan knows perfectly well! And that is because I didn't tell the school that the Police had recently charged me with an offence involving a child – there is absolutely no logical reason that I would do that and no right thinking person could examine the evidence and arrive at the conclusion that Dawn Swan reached. The evidence indisputably shows that is a deliberate lie, fabricated to defeat justice!
The Police told the school that they had recently charged me with an offence involving a child and it is part of an ongoing politically motivated persecution against me by the local Police and others which is supported by a large amount of evidence and professionals opinions which will be produced to the Court in due course.
The claim of Dawn Swan of the Office of the Privacy Commission that there was any meeting between and the Principal prior to me receiving the letter at which I allegedly told the Principal I'd been recently charged by Police with an offence involving a child is a blatant attempt to pervert the course of justice – no such meeting and no such conversation – or anything remotely like it – ever occurred – and the evidence shows indisputable that the information was given to the Board by the Police themselves in an attempt to discredit me and conspire with others in the community to have me unlawfully dismissed from my work at the South End School and have the charitable program I run there shut down!
The only communication of any kind regarding this matter prior to me receiving the letter from the Board was the visit I received from Dallas Powell prior to receiving the letter and there was no misunderstanding between Ms Powell and I – Ms Powell understood that I was telling her very clearly that I had most definitely never been charged with an offence involving a child in my life never mind recently, and that if I had been I would certainly know it and I was prepared to make a sworn statement to that effect if necessary and obtain any other proof that may be required. She confirmed that the Police had provided the information to the school, as does considerable other indisputable evidence.
The Privacy Commissioners Office refuses to address the obvious evidence that Dawn Swan is lying in her assertion that I told the school I had recently been charged by Police with an offence involving a child and repeatedly my complaints to the Privacy Commissioner about the corrupt actions of Dawn Swan are responded to with a letter from Dawn Swan, who continues to corruptly waste tax payer's money – and criminally offending – by deliberately making a statement that she knows to be false, then simply fobbing me off in a manner that is simply blatant and deliberate taxpayer funded corruption.
The Office of the Ombudsmen are continuing to do the same. Correspondence shows a lack of good faith in their 'investigation' of these matters and a refusal to engage constructively and the evidence and correspondence shows that they also are attempting to pervert the course of justice – they were forced to re-open the so called investigation after receiving a letter from a politician but are now indicating an intention to further pervert the course of justice in the latest letter regarding these matters from their office.
The Minister of Education wrote a letter referring me to the Ministry of Education. Repeated phone calls to explain the futility of that and complain about the abdication of responsibility have been ignored.
The Ministry of Education wrote a vague and totally inadequate letter which doesn't even begin to address the problem. Repeated communications to explain the futility of that and complain about the abdication of responsibility have been ignored.
The Respondents continue to deliberately lie regarding this matter and to pervert the course of justice. Their actions are indisputably corrupt and this is confirmed by a number of appropriate professionals, and very well documented.
The remedy sought:
I seek immediate reinstatement according to the final paragraph of the letter from the Board – I have been acquitted of ALL charges since the date of that letter. The work I was doing at the school was vital to the health of our children and our community – there is currently a Bill before parliament to “feed the kids” - well I was teaching and helping the “kids” to grow their OWN food – alleviating hunger, building self esteem, teaching so much more than just gardening – children learn maths, science and a lot of other things in a garden – and delivering a very effective suicide prevention program – there have never been any complaints or concerns regarding my work apart from the ones I have been acquitted of and that is evidenced by information provided by the school, and on the contrary, the evidence shows that my contribution to the school was highly valued. There is also currently a lot of talk about bullying – well THIS is bullying and it must stop.
I seek a full written apology for the lies told by the respondents in this matter and the humiliation and distress I have suffered and the damage to my reputation and standing in the community, and a correction of the information – including a letter to the Armstrong family – who the Principal wrote to about their complaint regarding this matter - I seek full written acknowledgement that it was NOT me who told anyone I'd been “recently charged with an offence involving a child” - it was a group of corrupt local LIARS including Police officers!
I seek a full investigation and a judicial inquiry into this corrupt conspiracy to pervert the course of justice by the Privacy Commissioner's representative, Dawn Swan, and others who have been involved in the deliberately false allegations regarding the so called investigations into this matter, in particular staff at the Ministry of Education. This matter was used to corruptly incarcerate me in a mental health institution accused of having “Delusional Disorder” after a barely qualified crackpot of a doctor made reference to it in her “reports” - which have been soundly discredited.
A senior psychiatrist wrote a report upholding my beliefs and totally refuting the false allegations made by the junior “doctor” - whoever made up the allegation that I had ever been charged with an offence involving a child was either delusional or a very corrupt liar! I insist that the Judicial Inquiry I filed in the High Court regarding that matter is reinstated without delay because I did NOT consent to it being “discontinued” and that was clearly witnessed! The only reason that it was “discontinued” - by corrupt lawyers - was to further pervert the course of justice!
I seek payment of appropriate compensation for damage to my reputation, humiliation, distress, loss of standing in the community, vilification and hostility I have received in the community as a result of the allegations made against me by staff at the school – mainly the Secretary – and members of the Board of Trustees, and others including Dawn Swan in particular. Dawn Swan knows perfectly well that I did not tell anyone I'd been charged with an offence involving a child and is deliberately lying in order to pervert the course of justice!
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