Assault

Sex crime former cop gets name suppression from dud judge

Some judges, precious few in my opinion, are good, others are crim hugging do-gooders who do more harm than good.

One such do-gooding dud judge has given name suppression to a former cop whose crimes were described by the judge thus:

Judge Tony Zohrab said the victim impact statement made for “distressing reading” and the woman had suffered significant emotional damage because of the offending.

“She describes the nervousness and the fear she feels living in a remote area as a consequence of this incident,” he said.

What was the crime?

A former police officer who carried a woman into bushes and indecently assaulted her has been granted permanent name suppression.

The man, who was not a Nelson officer, appeared in the Nelson District Court for sentencing yesterday on charges of indecently assaulting a woman and performing an indecent act in September 2011.

The man was in Nelson for a colleague’s stag party when he met a woman he went to school with in a bar, said the police summary of facts.

They arranged to meet for a drink after she had finished work.

After the meeting, she offered to drop him off in central Nelson, near Queens Gardens.

As they were saying goodbye the man, who was a police officer at the time, kissed her, forcing his tongue into her mouth and pressing her into the seat.

The woman pushed him off and got out of the car.

He followed, hugged her, picked her up around the waist and carried her into bushes, where he took off his pants and forced her to touch his genitals.

The offending took place on September 24, 2011.

 

And why did the Judge give this scumbag name suppression?

The judge said name suppression was justified because further publicity about the offending would cause extreme hardship for the defendant’s wife and children.

The man and his wife were in “fragile” mental states following previous criminal proceedings, he said.

“This is one of those situations where a merciful approach should be taken, despite the nature of the offending which reflects poorly on you.” Any details that might identify him were suppressed.

A merciful approach?

The guy is s criminal and hounded and sexually assaulted a woman who now lives in fear with her own fragile state and the judge thinks only of the crim.

We don’t have a justice system…we have a legal system.

 

– Fairfax

Tagged:

Malaysian diplomat in a New Zealand court about now

The Malaysian diplomat accused of assaulting a Wellington woman has been ushered onto a plane to Auckland [last night], his departure from Kuala Lumpur kept out of the public eye.

News media at Kuala Lumpur International Airport told Stuff that Muhammad Rizalman bin Ismail went through a “special entrance” onto his flight.

Rizalman arrived in Auckland around midnight, and traveled on to Wellington where he is to appear in court this morning.

New Zealand formally filed an extradition request in recent weeks for Malaysia to return Rizalman so that he could appear in court in New Zealand. He left the country five months ago.

Rizalman was arrested on May 10, and charged by Wellington police with burglary and assault with intent to rape relating to an alleged attack on Tania Billingsley, 22, in the Wellington suburb of Brooklyn. Read more »

When justice, isn’t

Imagine having your face bashed in, but your attacker never faces court because the court system can’t get its dates sorted and feels it “unfair” on the accused to keep stuffing him around.

This makes me very angry

A victim of a violent assault is fighting for justice after his alleged attacker’s case was thrown out by a judge who thought it was “unfair” to try him because of a delay in proceedings.

Paul Barry has been seeking an appeal against the ruling.

He had requested a review of the case by the Crown, but last week was told that while his anger and frustration were understood, there could be no appeal and the “serious charge will go unanswered”.

He is now considering a private prosecution.

Mr Barry was at a 30th birthday party in Ranui in March 2011 when he was assaulted. Almost every bone on the right side of his face was broken. He underwent multiple operations for facial reconstruction and now has titanium plates in his skull. He has ongoing complications and permanent damage.

Dion Read, a Les Mills personal trainer, was charged with injuring with intent to injure. He was committed for trial at the Auckland District Court in October last year – after the case failed to go ahead on four earlier dates.

Read more »

The backdown has started, Andrew Little was just thinking out loud apparently

The other day Andrew Little said that Labour had a new policy where they wanted to shift the burden of proof in rape cases from the prosecution to the defence.

Essentially Labour thinks that someone charged with rape should have to prove consent.

Predictably, after copping a flogging online and on talkback for the last few days, they are now in full reverse ferret mode.

A case of Andrew Little thinking out loud.

Labour’s downplaying its justice spokesman’s proposal to shift the burden of proof in rape cases.

The party wants the Law Commission to consider a shift to an inquisitorial system – to make courtrooms less combative for alleged victims of sexual assault.

Mr Little’s suggested the defence should have to show there was consent, to prove the accused’s innocence.     Read more »

Rapey Malaysian diplomat prefers his religious needs to take prescedence

The Malaysian diplomat Muhammad Rizalman bin Ismail facing charges for sexual assault wants his return to New Zealand to be deferred until after Ramadan.

I think his alleged victim would have preferred her attempted alleged rape to be deferred until … ever.

And how will him being transferred to New Zealand stop him from fasting?

What’s wrong with these people?  It’s OK to break in and assault a woman with intent to rape, but we have to delay our justice system because he has a need to observe his Religion of Peace?

However, it is understood the request will not be entertained with a Malaysian foreign affairs official saying the diplomatic corps warrant officer will be sent back “as soon as possible”.

A doctor at the Tuanku Mizan Military Hospital, where Rizalman is being held for tests on his mental and emotional condition, said he would not be discharged until the medical examinations were complete.

“We are still waiting for the reports to the tests and then the doctors still need to write their report,” the doctor said.

“It would take more than a couple of days, so it’s highly unlikely Rizalman will go before the weekend.”

Man, is this going to be a distraction.  A circus, even.  As I said yesterday, thanks to Labour and the Greens turning this into our national sport, how is this guy going to find 12 peers that haven’t already convicted him?

And now our media has started making excuses for him   Read more »

Would you like the bash with your train ride?

I don’t believe in public transport. And here is one reason.

After at least 14 assaults Auckland train inspectors are to wear lapel cameras for added protection.

No wonder rail patronage is dropping and growth is stagnant – it’s simply a dangerous place to be.

I’d drive my car rather than be assaulted on a train.

Ticket inspectors on Auckland trains are to be armed with small CCTV cameras on their jackets to combat fare evasion and violence.

Video and audio footage will be used as evidence for police prosecutions in the absence of any direct financial penalties able to be imposed on those caught riding trains without paying.  Read more »

When the system fails people get hurt

Summary from Internal Police memo

Summary from Internal Police memo

Last night TVNZ lead with a story about a Tauranga case where the Crown Solicitor opted for cost saving over public safety and basically let a rapist walk who (quite predictably) has now raped again.

The organisation charged with prosecuting criminals has been accused of allowing a violent offender to attack again.

Neihana Rangitonga has admitted kidnapping a woman for sex and threatening to kill her.

Now another woman who alleges she was an earlier victim says the handling of her case by Crown prosecutors meant another woman was attacked.

For nearly four years, the woman who claims she was an earlier victim has been monitoring news reports about sex attacks, wondering if the man she says attacked her had struck again.

“Anytime something happens in the news, I think about it, that memory,” she told ONE News.

Then last month, Rangitonga was arrested for abducting a 21-year-old student for sex and threatening to kill her.

He has pleaded guilty to picking her up from a Mount Maunganui Burger King drive through in the early hours of May 10 and trying to force her into sex.

The terrified woman managed to jump from his car and raise the alarm.

“If anyone didn’t believe me at the police station, I thought if they don’t believe me now they’ll know,” says the woman who alleges she was an earlier victim.

Four years earlier, Rangitonga was arrested and charged with raping and wounding this woman, who can’t be identified for legal reasons.

The pair met on a bus and she agreed to go to a park with him to take drugs.   Read more »

Car thief gets his beans and the guy who caught him gets prosecuted

i know this guy took things a bit far but  I thought it was fair enough he got in a few shots around the ears of the car thief.

A WAIMANA man received a community based sentence after pleading guilty to repeatedly punching a person he found attempting to steal his partner’s car.

Last Wednesday Whakatane District Court heard how Ken Saunders, 23, was asleep around 1.30am on October 20 last year when the alarm of his partner’s car was activated.

He ran outside and found someone attempting to steal the vehicle.

The police summary of facts described the 15­ year ­old victim as “extremely intoxicated” when he sat in the driver’s seat trying to start the car.

Saunders opened the driver’s door and the victim swung his arm at him, before running away.

Saunders chased him then punched him numerous times around the head.  Read more »

And Len brown wants more of this?

Well, Auckland’s dirty public transport secret is out.  It’s not safe on Auckland trains

Measures approved by Auckland Transport and confirmed by rail operator Transdev – after the latest two assaults on the weekend before Easter – include extending hours worked by Maori Wardens. That means their patrols on the southern line between Otahuhu and Papakura now run from 4pm each day until trains stop operating after 1am.

The police also say they are “assigning additional resources” to trains and stations as well as shopping centres over the school holidays, which began on Good Friday.

Counties Manukau prevention manager Inspector Richard Middleton said the police had met Transdev and KiwiRail to discuss setting up a working group to improve staff and passenger safety on trains.

The latest attacks left a Maori Warden with bruises and put a ticket inspector off work with undisclosed injuries after he was hit from behind at Papakura by an unseen assailant.

Although the company is vague about the number of violent incidents on the trains it runs under contract to Auckland Transport, the Rail and Maritime Transport Union says it knows of 12 since January.

Twelve assaults!  Public transport has never been this dangerous.   And the good news is, if Two Minute Len gets his way, he will create a huge train set for this sort of carry on.   Read more »

Do people like this have a place in politics?

A high-profile political figure has won the right to keep details of his divorce secret after a judge ruled he was a “vulnerable person”.

His messy divorce case included allegations of espionage, infidelity, dognapping, theft, the involvement of three Queen’s Counsel, and a disputed allegation the man grabbed or touched his wife’s neck, tried to kick in the door of their home and shouted abuse at her.

The couple were involved in a protracted legal battle through the Family Court. The ex-wife has sought the right to speak publicly and to her friends about the break-up, but the husband has fought to keep the dispute secret.

How can anyone be a high profile political figure and at the same time “vulnerable”.

If you enter politics, you get to make judgements about other people.  You get to influence policy.  You get to make decisions over the careers, lives and families.  This person, at the very least, should have no say or influence over many political policy areas.

But how can we make sure someone that kicks in the door and “grabbed or touched” his wife’s neck is kept well away?  Why the code of silence?

It seems to be an upside-down situation to have someone who has alleged involvement in espionage and theft in a high profile position in a political party be protected from public scrutiny and the public’s judgement as to this person’s suitability.   Read more »