Copy of decision etc regarding recent private prosecution against police

Katherine Raue made this Official Information request to Ministry of Justice

Response to this request is long overdue. By law Ministry of Justice should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Katherine Raue

Dear Ministry of Justice,

I request a copy of the decision, and any other information you hold such as a copy of the Information which was laid to initiate the matter, etc, regarding the recent private prosecution of two Police constables, which was reported recently (at this link http://www.nzherald.co.nz/nz/news/articl...)

Yours faithfully,

Katherine Raue

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From: dccorrespondence
Ministry of Justice


Attachment 157 13 Katherine Raue response final.pdf
167K Download View as HTML


Dear Katherine Raue
 
Please find attached a letter from Tony Fisher, General Manager for
District Courts.
 
Kind Regards
Paul McGregor
 
 
District Court Correspondence
Ministry of Justice
Ph | 04 918-8800
Fax | 04 918 8820 
DX SX 10088
WELLINGTON 6140
========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

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From: Katherine Raue

Dear dccorrespondence,

Your response instructs me to write to the Court concerned directly - the North Shore District Court contact details are NOT on the website you provided a link to - please forward this request to that Court immediately and without further delay - as you should have done in the first place! The reason for the request is obvious - it is in the public interest!

Yours sincerely,

Katherine Raue

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From: dccorrespondence
Ministry of Justice

Dear Katherine Raue
 
Thank you for your email. 
 
I am sorry that you were dissatisfied with our response.  Unfortunately,
the link in your email of 20 November 2013 did not work: it just took
us to the home page of the New Zealand Herald.  We were therefore unable
to forward your request to the court because we did not know which court
to send it to or any details of the case.  We therefore thought it would
be quicker for you to contact the court directly.  I regret that we did
not explain to you why we were unable to forward your request to the
court.
 
I am happy to forward your request to the North Shore District Court on
your behalf, or you can contact them directly.  The address is
[1][email address].  However, as noted above, I will require
some details about the case before I can contact the court on your
behalf. 
 
Please let me know whether you would like me to forward your request on to
the court, or whether you would prefer to contact the court directly.
 
Once again, thank you for your email.
 
Kind Regards
Paul McGregor
 
District Court Correspondence
Ministry of Justice
Ph | 04 918-8800
Fax | 04 918 8820 
DX SX 10088
WELLINGTON 6140

>>> Katherine Raue <[OIA #1324 email]>
11/25/2013 4:06 p.m. >>>
     Dear dccorrespondence,
    
     Your response instructs me to write to the Court concerned directly
     - the North Shore District Court contact details are NOT on the
     website you provided a link to - please forward this request to
     that Court immediately and without further delay - as you should
     have done in the first place! The reason for the request is obvious
     - it is in the public interest!
    
     Yours sincerely,
    
     Katherine Raue
    
    

show quoted sections

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From: Katherine Raue

Dear dccorrespondence,

What part of "please forward this request to
that Court immediately and without further delay" do you not understand? Your procrastination in doing so is frankly pathetic.

Yours sincerely,

Katherine Raue

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From: dccorrespondence
Ministry of Justice

Dear Katherine Raue
 
Thank you for your email.
 
As stated in my previous email, the court will require some details about
the case before it can consider the release of any court record
information.  Seeing as the NZ Herald website link did not work, I have no
details about the case to provide to the court.  Only once you have
provided some details about the case (such as the name(s) of the parties,
the court reference number or any other relevant details) will I forward
your request to the court.
 
Kind Regards
Paul McGregor
 
District Court Correspondence
Ministry of Justice
Ph | 04 918-8800
Fax | 04 918 8820 
DX SX 10088
WELLINGTON 6140

>>> Katherine Raue <[OIA #1324 email]>
11/25/2013 8:40 p.m. >>>
     Dear dccorrespondence,
    
     What part of "please forward this request to
     that Court immediately and without further delay" do you not
     understand? Your procrastination in doing so is frankly pathetic.
    
     Yours sincerely,
    
     Katherine Raue
    
    

show quoted sections

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From: Katherine Raue

Dear dccorrespondence,

The link above to the specific article on the Herald website does SO work!!! Perhaps you need to take a course in basic computer skills! I just clicked on it and it went straight to the article entitled "Officers cleared of assaulting woman in her bedroom" the report is dated "7:35 AM Monday Nov 18, 2013"!

Seeing as you're pretending you can't access it I'll copy the article here for you:

"Two police officers accused of assaulting a woman in her Auckland home have been discharged without conviction.

Court documents show constables Brent Liddle and Gerard Russell avoided conviction in the North Shore District Court in April, Radio New Zealand reported.

Constable Russell was also found guilty of trespass.

In December 2010, the officers visited the property after the woman was involved in a minor car crash, and entered the house when nobody answered the door.

They arrested the woman after Constable Russell forced his way into her bedroom.

The woman then brought a private prosecution against the pair.

Judge Lawrence Hinton found the officers acted in good faith, but did not have permission to be in the house and the arrest constituted assault.

They were ordered to pay the woman $7000 in reparation payments and $8000 in court costs."

Yours sincerely,

Katherine Raue

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From: dccorrespondence
Ministry of Justice

Dear Katherine Raue
 
Thank you for your email of 26 November 2013 and for providing further
information about the case.  I have forwarded your request to the North
Shore District Court.  You can expect to hear from the Court in due
course.
 
Kind Regards
Paul McGregor
 
District Court Correspondence
Ministry of Justice
Ph | 04 918-8800
Fax | 04 918 8820 
DX SX 10088
WELLINGTON 6140

>>> Katherine Raue <[OIA #1324 email]>
11/26/2013 4:35 p.m. >>>
     Dear dccorrespondence,
    
     The link above to the specific article on the Herald website does
     SO work!!! Perhaps you need to take a course in basic computer
     skills! I just clicked on it and it went straight to the article
     entitled "Officers cleared of assaulting woman in her bedroom" the
     report is dated "7:35 AM Monday Nov 18, 2013"!
    
     Seeing as you're pretending you can't access it I'll copy the
     article here for you:
    
     "Two police officers accused of assaulting a woman in her Auckland
     home have been discharged without conviction.
    
     Court documents show constables Brent Liddle and Gerard Russell
     avoided conviction in the North Shore District Court in April,
     Radio New Zealand reported.
    
     Constable Russell was also found guilty of trespass.
    
     In December 2010, the officers visited the property after the woman
     was involved in a minor car crash, and entered the house when
     nobody answered the door.
    
     They arrested the woman after Constable Russell forced his way into
     her bedroom.
    
     The woman then brought a private prosecution against the pair.
    
     Judge Lawrence Hinton found the officers acted in good faith, but
     did not have permission to be in the house and the arrest
     constituted assault.
    
     They were ordered to pay the woman $7000 in reparation payments and
     $8000 in court costs."
    
     Yours sincerely,
    
     Katherine Raue
    
    

show quoted sections

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From: Katherine Raue

Dear dccorrespondence,

This request is now overdue for a response. Please see to it that one is provided promptly.

Yours sincerely,

Katherine Raue
Transparency NZ

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Things to do with this request

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