The police are prosecuting the wrong man

I feel the police are prosecuting the wrong man in this case.

A convicted thief has been accused of “making this up” after he told of being caught, tied up, beaten for two hours, blindfolded, questioned, and thrown in a river at Kaiapoi.

Matthew Darryl Pender-McLean, who was 20 at the time, had his evidence at a Christchurch District Court trial challenged in detail under cross-examination by defence counsel Chris McVeigh, QC.

Pender-McLean was giving evidence in a trial about himself and another convicted thief being kidnapped and beaten between being caught and handed to the police on the night of April 7 to 8, 2011.

On trial is David Clemence, owner of the Clemence Drilling Co at Kaiapoi, whose equipment was raided at a drilling work site that night by two men who siphoned diesel. 

Clemence denies 18 charges alleging that he kidnapped the two thieves, assaulted them with intent to injure, as well as charges of assault with a weapon, assault, and threatening to kill or do grievous bodily harm. He is charged as a principal offender, and as a party to the assaults.

The Crown alleges Clemence and a group of Pasifika men who it described as “henchmen” administered a long beating to the two men which went far beyond any citizen’s arrest but amounted to “good old-fashioned revenge”.

Crown prosecutor Deidre Orchard told the court that Clemence had questioned the men to find out who was responsible for earlier thefts of tools and where the gear was.

Pender-McLean told of people suddenly arriving as he and his friend were siphoning diesel from a rig at a work site near the river.

It felt like being targeted by the Ku Klux Klan, he said.

He tried to run but was smashed to the ground by “a huge Samoan”, with a blow that split his eye open. He was then punched and kicked on the ground.

Don’t siphon petrol or nick things and get caught doing it and I think that fellow might find he doesn’t get a hiding.

 


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  • Tom

    Mr Clemence for mayor!

  • Muffin

    I hate how police prosecute cases like this, a little discretion should be applied.

    • Mr_Blobby

      A lot of discretion should be applied.

  • Jimmie

    Oh well hopefully the jury will have a decent dose of common sense and do the right thing.

    • Mr_Blobby

      One can only hope so, but with 18 charges something will stick.

      This sort of case is the only jury trial I would be interested in sitting on, they would get a conviction over my dead body.

  • Gobe1

    “Stop breaking the law arsehole!!!” Jim Carrey in Liar Liar

  • GregM

    No doubt the scrote will be getting taxpayer funded legal aid, while the business owner will be forking out thousands to defend himself for defending his property.
    A wee bit of common sense from the police would go a long way here.

  • Justsayn

    I agree that it is good to hear of a thief getting their share, but this goes too far and in the end they all seem a bad as eachother.

    • Mr_Blobby

      Come back and say that when you have been burgles 7 times in 2 years.

      • Justsayn

        3 in six months is all I can claim, and it was not this guys home.

        I realise how he would have felt but if you head down this track where, and why, would you draw the line?

        Okay for him to break legs?

        Okay for him to cut off fingers?

        Okay for him to kill them?

        If the allegations are true (and they do sound exaggerated) this guy went too far, by a long shot, and in my book became worse than the thief.

  • Tom

    This is more how it should have unfolded..

    • Mr_Blobby

      And a medal for good public service.

  • richard.b

    Hang on, when can “a huge Samoan” be included in “It felt like being targeted by the Ku Klux Klan”.
    Have they changed their membership criteria?

    • PhantomsDoc

      Yep, they’re taking core policy advice from Labour’s Women’s League.

    • johnbronkhorst

      Was thinking exactly that!!

  • johnbronkhorst

    To the thieves ……BOO FUCKING HOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • steve and monique

    What a load of PC policing at its worst. These scumbags are still walking,and talking., so should be charged for the crimes they committed.

    • Justsayn

      Why do you assume they are not? I would have thought there was pretty clear evidence against them, none the least of which seems to be a confession. They’ll probably get a slap over the hand with a wet bus ticket (particularly given they have already had a slap over the head with a steel capped boot) but that is another topic altogether.

  • peterwn

    There used to be a sign on a commercial property on SH1 near Hamilton – ‘Guard Dogs – Survivors Prosecuted’.

  • Ducky

    the police should be giving the property owner a medal for catching these two lowlife thieving scumbags, not prosecuting him. The law is an arse.

  • Col

    About 45 years ago my dad caught a bugler and beat him up because he was running away after stealing some chickens, my dad was a bloody good boxer and this guy who was much bigger thought he had my dad in the corner, little did he know, got smart with dad, tried to hang one on dad, and dad dropped him, picked him up let him have another go, dropped him, anyway dad rings the police and the cop arrives on his bike, uses our telephone and the police car came. The police said to dad did he fall over, yes trying to run away.

    • Mickrodge

      How did you know he was a bugler…was he carrying it with him?

      Sorry…couldn’t resist.

      • Col

        Funny enough I was cleaning that bloody thing before I sent this, old age has set in. Fair cop, but better than the Herald lol.

    • Mr_Blobby

      Good story but there should be no need for PC excuses, like he fell whilst running away.

  • Gungadin

    Play with the Bull you get the horn

  • FredFrog

    Give the thieving ratbags a decent bit of time inside, and Joe Public wouldn’t feel the need to beat the crap out of them. If I was on the jury for the Clemence trial, no matter what evidence the prosecution brought, I would be voting “Not Guilty”, and would not change my mind for any reason.

    • Mr_Blobby

      Me to.

  • hookerphil

    In the full report it states how they were blindfolded, then it states “Once the sole European man arrived, wearing exposed steelcap boots, he kicked Clark and started punching Pender-McLean in the head’. The blindfolds could not have been that effective.

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