Announcement

Collapse
No announcement yet.

Chief Justice against sending activist to jail

Collapse
X
Collapse
  •  

  • Chief Justice against sending activist to jail


    Click image for larger version

Name:	Sian Elias.jpg
Views:	1
Size:	8.2 KB
ID:	24935

    Long-time judicial critic and activist Vince Siemer, will begin his prison sentence today for contempt of court following last week's Supreme Court ruling has found an ally in none other than Chief Justice Sian Elias.

    The Chief Justice's minority opinion disagreed with her fellow judges, holding that Siemer's rights under the New Zealand Bill of Rights Act to freedom of expression and natural justice extended to his ability to question the legality of the suppression orders made in the contempt proceedings that were before the Court.

    The contempt charge following publication by Mr Siemer of an earlier ruling by Justice Winkelman concerning three of the defendants in the Urewera case, which required trial by judge alone. The wide-ranging Winkelman order was against the publication of her decision to deny the defendants a trial by jury, the case before the Supreme Court challenged to her ability to make such an order and Chief Justice Sian Elias agreed with Vince Siemer that she could not.

    Mr Siemer said that "Judge Helen Winkelmann had ruled against granting a jury trial to the defendants and issued the suppression orders prohibiting publication to avoid any public scrutiny of her unlawful actions."

    Mr Siemer said he published the unlawful ruling to raise public awareness about the rogue judge’s decision to ignore the law and violate the rights of the defendants. Given that the right to a jury trial was once sacrosanct in New Zealand and elsewhere in the Commonwealth, the judge’s action was truly alarming and merited publication, but the Solicitor General charged Siemer with contempt of court and jailed him for six weeks.

    Siemer appealed the ruling to the Supreme Court, where only a dissenting Chief Justice sided with him. Siemer will now turn himself in and serve his prison sentence after a protest outside Mt Eden Prison at 4pm today.

    Mr Siemer said today " sadly many New Zealand judges no longer regard the defendants right to a jury trial inviolable despite that right being entrenched in law for hundreds of years to guard against government excess. This important safeguard helped protect people from arbitrary punishment at the hands of the state and the people in power, and was established by the Bushels case in 1670-It is hypocritical that New Zealand holds itself out as a nation of liberty, transparency and civil rights, when privileges that have been entrenched in law for hundreds of years are being slowly eroded because of the apathy of many New Zealanders."

    Dame Sian was very clear in her dissenting view:"I am of the view that s 138 of the Criminal Justice Act, which relates to Court powers to forbid reporting of proceedings was repealed by the Criminal Procedure Act and excludes common law powers to make suppression orders of the type made here. Breach of orders made under s 138 may be punished by fine. It follows that I would allow the appeal on the basis that the sentence imposed was one the High Court had no jurisdiction to impose."

    However, the majority Judges (Justices William Young, John McGrath, Susan Glazebrook and Justice Sir Robert Chambers who died last month.) supported the earlier decision of Chief Judge Winkelman, affirming her judgment.

    • Q. C.
      Q. C. commented
      Editing a comment
      Originally posted by FairHearing
      ...Q.C. wrote: "the new Solicitor-General, Una Jagose, is investigating an allegation of Crown Prosecutor corruption..."

      I can imagine how she sits in her office and thinks: "How do these corruption allegations look or fit with wider principles which aren't on the statute page? Is it natural justice? Is it the rule of law? Do these fit into my government clients’ frame? How do give I my clients options to achieve their outcome? Hmm.. Should I deliver a beautifully rendered advice? Naah... I'd rather not bother."
      Una Jagose, the new Solicitor-General, will most likely follow her predecessors (Heron and Collins) and make a 'Policy' decision. That is, a 'Policy' decision that as a Crown Executive one must always cover-up corruption within the justice system.

      This is, of course, a reasonable approach for a Solicitor-General, as the Attorney-General (Finlayson), Minister of Justice (Adams), JCC (Gascoigne and Ritchie) and many NZ Judges make such "Policy' decisions on a regular basis. In fact, the Attorney-General expects it of his judges.

      As you say, such conduct has nothing to do with adhering to statutes or natural justice or the rule of law.

      That is why the international community and Public, if they were aware of how the NZ's justice system works, would simply consider it systemic judicial/Crown Executive/Political corruption.
      Last edited by Q. C.; 01-04-2017, 04:22 PM.

    • Q. C.
      Q. C. commented
      Editing a comment
      Originally posted by FairHearing
      ...Q.C. wrote: "the new Solicitor-General, Una Jagose, is investigating an allegation of Crown Prosecutor corruption..."

      I can imagine how she sits in her office and thinks: "How do these corruption allegations look or fit with wider principles which aren't on the statute page? Is it natural justice? Is it the rule of law? Do these fit into my government clients’ frame? How do give I my clients options to achieve their outcome? Hmm.. Should I deliver a beautifully rendered advice? Naah... I'd rather not bother."
      FairHearing: Una Jagose, the Solicitor-General, seems reluctant to do what you suggest, that is to act corruptly on the matter of the Crown Prosecutor's criminal acts. As:

      1. Una Jagose received the full complaint details of the alleged corrupt acts of the Crown Prosecutor on 23 March 2016.

      2. By email of 29 March 2016 she confirmed that, in relation to the complaint, we are "viewing your questions and you will receive a letter addressing your concerns within 20 days of your first contact"

      3. By email of 6 April 2016, to clarify her response deadline, "This means within 20 days of your first contact... In this instance it is the date your hard copy material arrived – 23rd March"


      By email of 13 April 2016, after the 20 day self imposed deadline had expired, she advised "You will receive a formal response in due course as previously advised".

      Clearly the new Solicitor-General, Una Jagose, is under so much pressure to act criminally that she cannot even count up to 20, let alone within 20 days recommend to the Minister of Justice that the Crown Prosecutor involved have his warrant suspended pending the process of filing criminal charges against him and the subsequent criminal court processes.
      Last edited by Q. C.; 14-04-2017, 12:15 PM.

    • FairHearing
      FairHearing commented
      Editing a comment
      I don't think she has any trouble playing her corrupt role. Being incompetent on top of her other dubious qualities - which I pointed out earlier - she is obviously incapable of expressing herself with sufficient clarity. In this case, she couldn't make a distinction between working and calendar days. I'm sure she meant 20 working days - that is, four weeks. If my calculations are correct, the deadline is April 24th - including Easter.
      Last edited by FairHearing; 15-04-2017, 08:52 PM.
    Posting comments is disabled.

Latest Articles

Collapse

  • Judge Goddard refuses to answer MPs' questions
    by admin
    The former New Zealand judge who headed a UK inquiry into child sexual abuse has said she will not appear before British MPs to answer questions about her time in charge. Dame Lowell Goddard said for her to be summoned would compromise the inquiry's "independence and integrity". She also hit out at "malicious, defamatory attacks" by the British media and said she was disappointed the government had not defended her. British MPs have asked the former head of the child sex abuse inquiry to expl...
    11-11-2016, 12:47 PM
  • Judge Lowell Goddard's epic fail
    by admin
    Dame Lowell Goddard, the New Zealand judge who resigned last week as chair of the £100 million (N$183.5m) Independent Inquiry into Child Sexual Abuse (IICSA), did not leave her post voluntarily but was effectively fired. Dame Lowell, appointed by then-Home Secretary Theresa May just over a year ago, had already lost the confidence of senior staff and members of the inquiry panel, according to two well-placed legal sources. The Home Office has denied she was sacked, according to reports. After she ...
    09-08-2016, 11:07 AM
  • Sir Ngatata Love's lawyer claims agreement had no impact on Trust
    by admin
    Sir Ngatata Love's lawyer Colin Carruthers QC says the Serious Fraud Office (SFO) theory against his client is wrong, with a key agreement placing no financial cost on the Wellington Tenths Trust. The former leading Treaty of Waitangi negotiator and academic is on trial in the High Court at Wellington, accused of obtaining funds by deception, or alternatively of obtaining a secret commission.The charges relate to allegations that Love showed favour to Auckland property developer Redwood, and ...
    05-08-2016, 02:44 PM
  • Transport boss pleads guilty to corruption charges
    by admin
    The Serious Fraud Office says the guilty plea yesterday by an Auckland Council manager to corruption charges shows the dangers in not questioning a culture of gratuities. Barrie Kenneth James George, 69, this morning at the High Court at Auckland pleaded guilty to two charges of accepting bribes as a public official when he took gifts worth $103,580 between 2005 and 2012. The gifts included cash, and lavish overseas holidays for George and his family. SFO Director, Julie Read welcomed the guilty plea...
    04-08-2016, 10:40 AM
  • Identities of corrupt JP's stay secret
    by admin
    The identities of Justices of the Peace disciplined for incompetence, making false allegations or misusing their title for personal gain are being kept secret by the Ministry of Justice.In the case of the above JP Denis Selwyn Callesen of Keri Keri, the Crown Law Office even halted a private prosecution against Mr Callessen after evidence emerged that Mr Callessen and his former secretary Robin Morris had perverted the course of justice.

    The Ministry believes the privacy of...
    23-07-2016, 12:35 PM
  • Government funded escape artist Philip Smith found guilty
    by admin
    The murderer who embarrassed New Zealand law and border authorities by flying to Brazil while on temporary release from prison has been convicted for the audacious escape. Charges of escaping lawful custody and making a false statement to renew a passport have been added to Phillip John Smith's lengthy criminal record, along with murder, child sex abuse, kidnapping, tax fraud and arson. In an unusual legal procedure, a jury was chosen at the Auckland District Court today and the judge immedia...
    22-07-2016, 02:05 PM
Working...
X