Strange decision by Police

Generally the Police do a great job, but occasionally they fluff stuff.

North Canterbury businessman is fighting charges of kidnapping and assault after tackling two alleged burglars at his Kaiapoi premises.

Clemence Drilling owner Dave Clemence was arrested after the April 8 incident, during which he and several employees tackled two men believed to have stolen diesel from the Smith St site.

Clemence declined to comment yesterday, saying he did not want to “pervert the course of justice”.

However, he told the Northern Outlook newspaper last month he could not understand why he had been charged.

He said he took the men to the Kaiapoi police station on April 8 and did not know how the pair had been injured.

“It’s unbelievable. Kidnapping? We dropped them off to the police,” Clemence said.

He said he would plead not guilty to the charges when he appeared in the Rangiora District Court on Wednesday next week.

Clemence said several of his workers tackled the men and held them down while he dialled 111. One of the pair broke free, but was chased down.

Two weeks later police asked him to make a statement, he said.

His company premises had been burgled six times in recent months, and his ute had been stolen on March 16, Clemence said.

Detective Sergeant Rex Barnett said the two men told police they had been kidnapped and assaulted by Clemence, the paper reported.

Police considered the injuries to be serious and “consistent with the claims of assault”, he said.

The men required treatment at hospital.

It’s ridiculous. Some thieving scum tell the Police that they were kidnapped when they were actually dropped off at the Police station and now the Police charge the guys that caught the thieving scum.

Sometimes the Police should just take down the details and then lose them…like you know what they do for Daljit Singh and Darren Hughes and all the other Labour politicians they have investigated and done nothing over.

This is just such a case. the bad guys got caught, they got a slap and then they were delivered to the coppers. That should have been the end of it. I’ll bet you that when the Police saw that the bad guys had a few black eyes that the Police went into CYB mode and took them to the hospital so they weren’t accused of letting them fall up some stairs. That then started a trail of events that has now meant they are prosecuting some guys for catching burglars, which kind of what the Police’s job is.

As I said, generally the Police do a fine job, but sometimes they fluff one.



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  • peterwn

    I suspect Crown Law will drop this like a hot potato when it reviews the file. See:
    s209 “Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
    (a) with intent to hold him or her for ransom or to service; or
    (b) with intent to cause him or her to be confined or imprisoned; or
    (c) with intent to cause him or her to be sent or taken out of New Zealand.”

    (a) and (c) are not relevant. The issue as I see it is whether a person is ‘confined or imprisoned’ where the ‘victim’ is immediately delivered to a police station or where the police are immediately summoned. If (b) is held to apply in this case then store detectives, managers etc are put at risk if their acts or omissions result in people being detained. Is a hospital or rest home ‘kidnapping’ people by keeping doors secure to stop them wandering? (such tricks include a door handle at the top of the door or a push button lock with the combination posted nearby).

    The more appropriate course is to sue for ‘unlawful detention’, although in such cases damages are likely to be small.

    Perhaps the cops have forgotten that Labour is no longer in power and hence there is now no risk of H2 screaming down the phone to the Commissioner.

  • gazzaw

    These scumbags wouldn’t have had the wit to initiate kidnapping charges and I doubt that the police would have started the ball rolling without input from some smartarse Christchurch lawyer hired to defend the two ‘alleged’ burglars. The irony is that the taxpayer will probably not only end up paying this lawyer under legal aid but also for Dave Clemence’s defence as well.

    One would hope that the propensity of the police to lose files involving Labour politicians has diminished since the departure of Howard.

  • Mr Blobby

    Ah the Injustice system.
    Brings back recent memories, of all the business owners charged for defending themselves, families and businesses. Not to mention the ones who were killed or injured for complying and not resisting.
    The question has to be if the police were called, why it was necessary to take the scum to the police station.
    Probably best not to have involved the police in the first place, give them a spank, a warning and send them on their way.

  • kevin

    A ride for 2 in the car boot ‘going the long and bumpiest way… quickly’ might have given the ‘probable’ burglars a few dents and scrapes as well… I guess the police have to make a show of going through the motions. The Clemence dude will be a local folk hero anyway, everyone will applaude him.

  • kowtow

    The state no longer likes it’s citizens to stand up for themselves.

    We’re all meant to be clients in one form or other.

    Good decent types like Clemence don’t fit that bill.He’s forgotten that he’s meant to behave like a “client” not a citizen.

    Thanks Nanny…….not.

  • spiker

    The police are very protective of their job, they hate being shown up when they fail to do it & hate even more when shown how to do it. Generalizing I know but these occurences seem to be happening more often.

  • bobbydelorot

    Or maybe, just maybe the actual circumstances and facts are slightly different than what the business owner is reporting. Seriously, how many shoplifters and burglars are caught by homeowners or security guards each year, often with a bit of ‘roughing up’, but a blind eye is turned. I think the circumstances and injuries in this case are dictating the charges, not a sudden turn around in the cops attitude towards this.

  • abjv

    I recall a news story about a guy who had been ‘collecting’ light fittings after Christchurch II. Turns out he was autistic and collecting light fittings was something he did. He also looked ‘worse for wear’ when bought before the courts. I don’t recall the police laying kidnap and assault charges against the people that apprehended him.

    Don’t see much difference between the two cases at this stage.

  • scanner

    Smells like someones smartypants lawyer (no doubt on the public payroll) might be giving this one a wee shove?

  • roger

    “NEW ZEALAND, the way you want it under national and hone key”
    dont moan, you lot voted these troughers in (so did i)

  • sexybeast

    The blue buggers! What a waste of money/intelligence/court time.

  • lcmortensen

    Don’t forget Sammy and Pansy Wong, Richard Worth, and David Garrett. They seem to have fallen under the Police radar too!

  • thor42

    I hope this Dave Clemence gets off (and I hope he ***sues the cops***).

  • sassycassy

    They continually make “strange decisions”. C’mon haven’t you seen the number of absurd police prosecutions escalate over recent years?! . Flick your kid’s ear? Order a bully off the school bus? Stop a machete welding maniac from stealing fire-arms from a gun –shop? Charge a Dad who left the handbrake off as he parked beside the lake?

    I have heard it said – from a senior sergeant investigating an IPCA complaint- that police prosecute for fear of being criticised if they don’t’ – but the anomaly is that they are damned if they DO! Where do they get this directive? Oh but don’t those stats look good for our constabulary?! …look how many prosecutions we make…aren’t we doing a good job? ?!- Never mind the court costs, or the toll on humanity. Police do not believe (comprehend?-) that “accidents” could possibly occur. Human error by good typically law-abiding citizens is non –existent in the eyes of our police who see themselves as an elite band of brothers- but fail to deliver and respond to “clients”? (Taken from Kowtows interpretation)
    Dave Clements first called 111, after the 2 perpetrators were apprehended by “several staff members” = how long were they left waiting for police attendance to the premisese before deciding to “deliver” them to the police station?

    If i was a paying “client” (oh that’s right- perhaps i am …as a taxpayer) i would have expectations of service – otherwise – DIY (self-defence / self preservation?) would be reactionary out of sheer frustration. Dave Clements business had been a target of a few recent burglaries before this event.

    If you weigh up the cost of defence cases over nonsense prosecutions – NZ should criticise the waste of tax payers funds with willy- nilly prosecutions when on the flip side obvious scum-bags get offered a soft –sell (cell?) and cushy treatment by a justice system looking out for the rights of crims

  • bobbydelorot

    “Flick your kid’s ear?”

    Funny how you left out the whole punching in the face part.

    “Stop a machete weld­ing maniac from steal­ing fire-arms from a gun –shop?”

    Again are you aware that the Police didn’t charge him for the actual shooting?

    I think the basic lesson is here, if you want to be a vigilante and deliver your own justice, thats fine. But if you inflict serious injuries and that require hospital treatment, it’s probably not a great idea to involve the cops and expect them to put their own jobs on the line by turning a blind eye.

    As indicated by Kiwiblog it sounds like their is far more to this than someone simply tackling a crook and giving them a wee slap.

  • sassycassy
    Conviction qaushed and he was acquitted on two other assault charges Mr Carvell was CHARGED after shooting armed intruder Ricky Beckham in the stomach with a .45-calibre pistol after Beckham entered his Small Arms International gunshop in Great South Rd, Penrose, demanding guns and threatening staff with a machete.
    Charges Dropped.

    Lots of court time and costs on these cases (and yet baby- killers have got away with murder)

    However, these 2 chaps were busted doing a burg- perhaps a hazard/risk of their chosen vocation (“those that live by the sword”)

  • Mr Blobby

    This is where a jury trial is important.
    I would rather be judged by 12 good men than carried by 6.
    We do need to acknowledge the basic human right of self defense in a more unambiguous way.
    People hurt in the commission of a crime are at fault. If they were not committing a crime they would not have got hurt.