Kiwi’s are pretty forgiving, especially when it comes to bashing crims, but there seems to be a systemic problem within the Police, a legacy perhaps of the Broad/Clark years that means the basics aren’t being done properly:
Police used “unlawful and unnecessary” force to chainsaw their way into the Red Devils’ Nelson headquarters and obtained evidence improperly by breaching the defendants’ rights, a judge has found.
Judge Chris Tuohy yesterday threw out charges against 28 guests found at a party at the gang’s clubrooms during a raid in August 2010 under the Sale of Liquor Act.
A lawyer acting for some of the defendants likened the police expectations to the raid on MegaUpload founder Kim Dotcom’s Auckland mansion.
In the Red Devils case, Judge Tuohy ruled, after a hearing in June, that evidence gained by police during the search was not admissible, due to the way it was gained.
“The whole of the police evidence on these minor charges was improperly obtained through a series of breaches of the defendants’ rights, some of which were significant infringements,” he said in his written decision.
“In those circumstances, a credible system of justice demands the exclusion of evidence, and I rule accordingly.”