Results 1 to 8 of 8

Thread: complicated mess! dead lawyer, mistaken plea b.c disability, police nepotism and purj

  1. #1

    Question complicated mess! dead lawyer, mistaken plea b.c disability, police nepotism and purj

    Along with a bunch of other congenital problems I was born partially deaf. I am, or I was a caregiver and prior to 2010-not had any problems with the law.
    2010 I went to court with a lawyer that I had been referred to from 1 self-proclaimed top barrister in CHCH. He told me any lawyer could fix 'this'.

    Two charges against me 1 of assault-yes I did this after woman had raised her arm...I shoved her arm away. 2nd charge was theft. My intended plea was not guilty. My lawyer was well aware of this-and had told me that police couldn't charge me anyhow b.c I had unloaded my vehicle on-site.
    **critical point here-woman and her friend went along my property pointing and cop just handed MY stuff to her! I was yelling to cop that she was lying and he couldn't do that...he told me to calm down or he was going to arrest me.

    Because of my hearing impairment often I can't tell when I'm being loud or quiet-and it's not uncommon for me to be told to quieten down or speak up.
    My lawyer was at the front by the Judge-he knew exactly what I was intending to plea...so how the hell all this happened I can't answer. The Judge read out the first charge-I pled guilty...but he and my lawyer continued to look at me so I assumed they didn't hear me and said yes, yes guilty-but they must have read the 2nd charge of theft which never in a qwazillion years would I plead guilty to!

    It was all over very quick. My lawyer approached me waiting with my family afterwards smiling and happy and asked are you happy with that and I said yes yes of course-NOT KNOWING that I had pled guilty to theft.
    I didn't find out till September 2012 when I went to do some community service for parking fines.

    I immediately tried to get hold of my lawyer from court to find out that he had died in February of that year(2012).
    I contacted Legal Aid to see if they had a copy of anything. They had lost their building with everything in it in the earthquake. All they had was an electronic number linking me to the now dead Lawyer.
    Law society gave me a few numbers that had been dealing with my late lawyers affairs. I made contact explaining my predicament and they tried to see if they could locate my file.
    No, nothing could be found.

    Since then I have been trying going from lawyer to lawyer trying to get my information and someone to help me get it back into court-at which point I would be allowed to apply for legal aid. Remember I'm no longer employable due to this theft conviction b.c I work with vulnerable people.
    So not only was my property handed by police to this woman, I have a lawyer that failed to represent me adequately in court AND to top it all of he's dead...and I can't get work to pay for legal representation to clear my name.

    Now what I did discover in first disclosure was that the complainants father was/is a prosecuting Sargent. My then lawyer was emphatic it would have no bearing-well it has and I am paying a very high price for something that I never did.
    The police statement is full of lies. some of which I can prove, others I'm still working on.

    With much gratitude from me there was a lawyer from local community law centre and a researcher that have helped me gather more information.
    Now with this Police statement which like I've said is mostly lies-the lawyer has said it really is out of her league and I need a barrister. They are happy to assist barrister in any way if I can get one.

    How do I secure a good barrister when I am not able to work due to conviction (that I never did) and legal aid won't pay b.c it has already been to court?

    I no longer trust the police. And I definitely do not trust the independent complaints authority.

    Can anyone help me please?


    Value of goods in question appx 100.00. horse gear-lead ropes, halters few standards, pliers and a hammer
    Last edited by offthescale_justice?; 24-06-2014 at 12:08 AM.

  2. #2
    That scares the crap out of me!

  3. #3
    Suggest you approach the Human Rights Commission to take on your issue. The issue is not you being found guilty but the breach of your rights as a disabled person to be treated in a fair way within the legal process.

    It appears the Police ignored your disability to effectively communicate, your lawyer did not convey that to the Court or the Court also ignored it and Legal Aid has misapprehended the issue, believing it was a conviction issue rather than a human rights and NZ Bill of Rights Act issue.

    See if the Commission can take up your cause or direct you to those who can help. Their function is to "Provide information to members of the public who have questions about unlawful discrimination and facilitate resolution of disputes relating to unlawful discrimination on the grounds of ... disability... in the areas of ... the provision of goods and services... government or public sector activities".

    Good luck

  4. #4
    Well I certainly wasn't expecting this...thankyou I will get hold of them and see what they say.

  5. #5
    I've been in touch with HRC today n sent supporting info-fingers crossed...I'm so sick of this ruining my life!

  6. #6
    Still no progress for me. I have just today written to a legal expert to ask for some explanations. I've made contact with TV programme and they have given me an interested in your story for the next series reply. Which is something...but if nothing else I've learned along this trail to believe ONLY when I see it. I'm sick of being let down by people. Sick of being told I'm sorry but you just fall through the cracks...and I know this is not what you want to hear but ...bla bla bla.
    Is there absolutely NO ONE OUT THERE WHO CAN ACTUALLY HELP ME?????




    Quote Originally Posted by offthescale_justice? View Post
    Along with a bunch of other congenital problems I was born partially deaf. I am, or I was a caregiver and prior to 2010-not had any problems with the law.
    2010 I went to court with a lawyer that I had been referred to from 1 self-proclaimed top barrister in CHCH. He told me any lawyer could fix 'this'.

    Two charges against me 1 of assault-yes I did this after woman had raised her arm...I shoved her arm away. 2nd charge was theft. My intended plea was not guilty. My lawyer was well aware of this-and had told me that police couldn't charge me anyhow b.c I had unloaded my vehicle on-site.
    **critical point here-woman and her friend went along my property pointing and cop just handed MY stuff to her! I was yelling to cop that she was lying and he couldn't do that...he told me to calm down or he was going to arrest me.

    Because of my hearing impairment often I can't tell when I'm being loud or quiet-and it's not uncommon for me to be told to quieten down or speak up.
    My lawyer was at the front by the Judge-he knew exactly what I was intending to plea...so how the hell all this happened I can't answer. The Judge read out the first charge-I pled guilty...but he and my lawyer continued to look at me so I assumed they didn't hear me and said yes, yes guilty-but they must have read the 2nd charge of theft which never in a qwazillion years would I plead guilty to!

    It was all over very quick. My lawyer approached me waiting with my family afterwards smiling and happy and asked are you happy with that and I said yes yes of course-NOT KNOWING that I had pled guilty to theft.
    I didn't find out till September 2012 when I went to do some community service for parking fines.

    I immediately tried to get hold of my lawyer from court to find out that he had died in February of that year(2012).
    I contacted Legal Aid to see if they had a copy of anything. They had lost their building with everything in it in the earthquake. All they had was an electronic number linking me to the now dead Lawyer.
    Law society gave me a few numbers that had been dealing with my late lawyers affairs. I made contact explaining my predicament and they tried to see if they could locate my file.
    No, nothing could be found.

    Since then I have been trying going from lawyer to lawyer trying to get my information and someone to help me get it back into court-at which point I would be allowed to apply for legal aid. Remember I'm no longer employable due to this theft conviction b.c I work with vulnerable people.
    So not only was my property handed by police to this woman, I have a lawyer that failed to represent me adequately in court AND to top it all of he's dead...and I can't get work to pay for legal representation to clear my name.

    Now what I did discover in first disclosure was that the complainants father was/is a prosecuting Sargent. My then lawyer was emphatic it would have no bearing-well it has and I am paying a very high price for something that I never did.
    The police statement is full of lies. some of which I can prove, others I'm still working on.

    With much gratitude from me there was a lawyer from local community law centre and a researcher that have helped me gather more information.
    Now with this Police statement which like I've said is mostly lies-the lawyer has said it really is out of her league and I need a barrister. They are happy to assist barrister in any way if I can get one.

    How do I secure a good barrister when I am not able to work due to conviction (that I never did) and legal aid won't pay b.c it has already been to court?

    I no longer trust the police. And I definitely do not trust the independent complaints authority.

    Can anyone help me please?


    Value of goods in question appx 100.00. horse gear-lead ropes, halters few standards, pliers and a hammer

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •