Because of Simon Power this couldn’t happen here

ᔄ NZ Herald

Simon Power’s legislative meddling, by removing the defence of provocation, means that if this situation occurred in New Zealand the father would almost certainly be charged and put through the terrible trauma of a trial despite the scumbag pedo deserving the kicking:

A Texas father who beat a man to death with his bare hands after catching him sexually assaulting his five-year-old daughter should not face criminal charges, a grand jury has ruled.

Prosecutors said at a press conference that the jury determined that there was ample evidence that it was a justifiable homicide.

They played a tape of the distraught father’s desperate 911 call as he tried to save the man’s life after realizing what he’d done.

“I need an ambulance. This guy was raping my daughter and I beat him up and I don’t know… I don’t know what to do,” he sobs into the phone, so overcome with emotion that he can’t provide directions to his father’s ranch.

“I need help. This guy is dying on me… oh my God… I’m going to try to load him up on the truck and take him to the hospital.”

Lavaca County District Attorney Heather McMinn explained that under Texas law deadly force is both “authorized and justified” in order to stop a sexual assault.

Note to any pricks out there who want to try and terrorise my kids (Matt Blomfield, I’m talking about you), there is no limit at which I will stop to defend my children.

  • grumpy

    If I remember correctly this sad state in NZ came about when your mates, the poofter lobby, railed against the defence of provocation when it was used by someone in a case involving a poofter coming on to a guy quietly minding his own business.
    With the help of their strategically placed members in the media and politics (similar to the current beatup on gay marriage) they decided that it was not OK to beat the shit out of a pedo who is raping your child. Probably had that in mind at the time.

  • toby_toby

    Removal of provocation was a narrow-minded knee-jerk reaction to a couple of odious individuals who were on trial, namely Clayton Weatherston and Banjo Whatsisname. Nobody bought their defense and they got sent to jail. There was no need to remove the defense of provocation; it’s not enough to say you were provoked, you actually need to prove it is well.

    Glad Power is gone.

  • Le Sphincter

    Since when did a partial defence of provocation , ie they were still tried in court be the same as justified deadly force where they arent even arrested.
    Grumpy your memory has clouded a bit ….. well a lot

    “In 2004 Robert Hunt, a quiet man and stamp collector, was savagely murdered. He was killed by 18 year old Dick Faisauvale, who held him by the throat and stabbed him. Hunt died on the floor of his home. He had collapsed after unsuccessfully trying to phone 111 for an hour. At trial Faisauvale, who had previously had a sexual relationship with Hunt, claimed that he was provoked. He argued that he thought he was going to be raped by Hunt and was lashing out in gay panic. Faisauvale was running the defence of provocation ”

    or this one

    “On the evening of 20 July 2003 Phillip Edwards (aged 24) was walking down K Road in central Auckland. A convertible driven by David McNee (aged 55) approached Edwards. After a discussion Edwards agreed to masturbate in front of McNee for $120 – Edwards had just been released from prison and was in need of cash. Edwards then agreed to return with McNee to McNee’s home for a shower. While there Edwards displayed himself to McNee and both engaged in petting….. too risque for WO….. Edwards reacted violently and began beating McNee around the head and face. He stated at trial that he became “very angry” and that after the initial assault began ”

    Im on a roll today…. merci beaucoup

    • toby_toby

      As usual, you totally miss the point.

      • Le Sphincter

        Which was ?
        The provocation was originally for murder trials where a husband found his wife was unfaithfull and ‘lost control of himself’ killing the wife (usually) or the other man or both.

        Since when should that apply to men who agree to have sex with other men but then kill them, or even Weatherspoon and his delusions.

        Justified homicide is a different story when it happens to ‘protect another’ person from a violent attack. In this case a 5yr old.

        No one would even say ‘provocation’ , its simply’ justified’ in the circumstances

        • toby_toby

          This point being this:
          “Removal of provocation was a narrow-minded knee-jerk reaction to a
          couple of odious individuals who were on trial, namely Clayton
          Weatherston and Banjo Whatsisname. Nobody bought their defense and they
          got sent to jail. There was no need to remove the defense of
          provocation; it’s not enough to say you were provoked, you actually need
          to prove it is well.”

          The original reason for the provocation is irrelevant in this day and age and is nothing to do with why it was repealed.

          There is no reason why Witherspoon should not have used the provocation defence. It may be tasteless, but he should be able to use whatever asinine defence he wants. When someone uses an asinine defence, it makes it easy for the jury to see straight through them and reject their defence.

          • Apolonia

            Weatherston was just the excuse, it was the “gay” lobby that were pushing for it to be removed, and they always get what they want.

          • Le Sphincter

            Get real , a lawyer is obliged to offer his client any legal defence that is available. If the provocation defence is there it would allways be used.

  • grumpy

    Yep, baby gone with the bathwater – quelle domage….

  • kthxbai

    Provocation defence or not, I couldn’t see an NZ jury convicting on this.

  • JimboBug

    Can you see any jury trial, no matter how stacked, convict? And especially in Texas?

    My defence would be; he was raping my daughter so I beat the crap out of him. Fortunately he died – that’ll stop him doing it to anyone else. Now when can I expect to see my name in the honour’s list?

    • Blokeintakapuna

      Yep – the police should be handing this guy a medal – in front of a staged media campaign labelling him a “hero” for helping clean the place up.

  • skinnypencil

    He should be charged. Just like if Mrs Whaleoil had stabbed your lover to death.

  • Bawbag

    Whats the need for the Blomfield threat?
    Fuck Slater you really are a prize prick. Think your cock of the walk throwing around how many pistols you have owned, you were nothing but a squaddie in a cake and arse regiment. Any soldier worth their salt knows one pistol is all it takes. You better keep that girls brigade Glock close as I feel a fucking storm coming your way.

    • http://www.whaleoil.co.nz Whaleoil

      Because he came around to my house had played tough on my 15 year old son, that’s why fuck nuts.

      • Greg M

        This is a worrying development, having said that I believe Master WO is a big lad, and would probably kick Blomfield’s sorry arse anyway.
        Keep the Whale Army up to date, we’re here for you and your family dude.

        Greg Moore.

      • la la land

        That’s the lowest thing he’s done yet – escalation definately called for – the prick needs to go down.

  • Ronnie Chow

    Cameron , if Blomfield is obsessive-compulsive , was disheveled when you saw him and is now making serious mistakes , then you will be at the forefront of his thoughts . His actions may turn violent anytime . Take care !

    • http://www.whaleoil.co.nz Whaleoil

      I can take care of myself quite well….when the putz fronted me at the warehouse in Manukau he refused to get out of the car…he isn’t so tough as he makes out…I should point out that I was standing in front of my gym…where members of three different gangs go to work out…so Matt really shouldn’t try contacting his gang mates to try the standover either, because I will hear about it the moment he tries.

  • GPT

    Um no. I am all for criticising Power’s disgraceful knee jerk reaction to remove provocation when he could have been doing useful things like passing the Search and Surveillance Bill but provocation is a partial defence. If that was the defence run he would be guilty of manslaughter. Better defenses would be self defence if caught him at it or temporary insanity if just found out about it

    • Greg M

      Yep agreed, Is the “deadly force is both “authorized and justified” in order to stop a sexual assault.” defense available in NZ?

  • Graeme Edgeler

    Simple self-defence or defence of another.

    Nothing to do with provocation, which would just make this manslaughter anyway.

    Why do you think this guy should be convicted of manslaughter, Whale?

  • toby_toby

    At Le Asshole: “. If the provocation defence is there it would allways be used.”

    And… so what? You still don’t it, do you?

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