Why the court should have ignored the Mongrel Mob bit and focused on his indigenous status

December 14, 2013
The court hasn't recognised that his special qualities are more than skin deep.

Alas, the court hasn’t recognised the special qualities that are more than skin deep.

Oh dear.

We have some judges who aren’t up with the play about our indigenous citizens requiring special treatment.

A giant blow was struck in favour of these citizens on 20 April 2010, when Pita Sharples announced your Government’s decision to formalise its support for the UN Declaration on the Rights of Indigenous Peoples.

He said this would help to restore New Zealand’s mana in addressing indigenous rights.

Pita’s media statement included 16 points set out under an “Announcement of New Zealand’s Support for the Declaration on the Rights of Indigenous Peoples”.

Read the rest of this entry »

Robber with a booze problem who broke the bones of a pensioner at last gets the jail he deserves

June 6, 2013

Judge Philippa Cunningham has been given a lesson in how to deal with thugs by the Court of Appeal.

She went soft on a felon, taking into account his problem with booze and – ha – his claim to be remorseful, even though he refused to be involved in a restorative justice process.

The plonker in this case stole the life savings of a slightly built 82-year-old, leaving her with broken bones in the attack on her.

Read the rest of this entry »

Law-abiding Somalians can stay – but when they turn violent they should be shipped back

March 16, 2012

Stoned, as prescribed by Sharia law...back in Somalia the justice system eschews our namby-pamby approach.

Yes, Israeli art scammers should be booted out of the country.

But so should a raft of other rogues and ratbags, most notably including Somalis with an urge to run amok.

A band of Israelis faces deportation after being rounded up while selling artwork door-to-door.

Immigration New Zealand says one, an overstayer, has been taken into custody pending deportation, five found to be working in breach of their visitor visas have been served with deportation liability notices and a seventh, due to leave New Zealand voluntarily, has been warned about working in breach of visa conditions.

Richmond resident Rebekah Young is being credited with exposing the scam. You can check out why she became suspicious in the Stuff report cited above.

In the upshot, she went on to her computer and googled “art scam” and found similar stories in Auckland, Napier and Christchurch so she rang the police.

Read the rest of this entry »

HIV, sex, ACC and the law – big questions are raised by Appeal Court and a coroner

March 13, 2012

There’s lots of fuss today about the implications of a Court of Appeal ruling that a woman should receive ACC compensation for the mental stress she suffered when she discovered a man with whom she had unprotected sex had HIV.

Alf has been brought up to speed by a Radio NZ report.

The court ruled the woman could not have given her full consent to sex because she was not told about the man’s HIV status.

Accordingly she was sexually violated and is now entitled to compensation.

The ruling opens up the possibility of HIV-infected people facing rape charges if they don’t reveal their status to partners.

Damned right, too.

Alf finds it monstrous that some randy HIV-infected person can indulge in rumpy-pumpy – thereby aiding and abetting in the spread of the disease – without telling the other party about his or her condition.

Read the rest of this entry »

Lower your self-esteem, if you aim to murder someone but want the judges to be lenient

October 20, 2011

So now the bloody judges are taking self-esteem into account when they jail murderous brats.

That’s gotta be a load of bolloocks. If you kill someone, you should be banged up for a long time regardless of what some bloody shrink might plead about your sad lack of self-esteem.

But that’s not the way it’s being done in Godzone in the 21st century.

And so Alf is dismayed to read of what has happened to a teenage girl who was convicted for killing a retired schoolteacher.

She has had her sentence reduced

… after new evidence showed she was immature and had low self-esteem.

Read the rest of this entry »

When the sentence for illicit rumpy-pumpy is manifestly unjust, it should be made manifestly just

May 13, 2010

Alf again has cause to be dismayed by the leniency too often shown by our judges.

He is prompted to splutter his outrage on this post after reading that the Court of Appeal says a Christchurch businessman who used a 15-year-old girl as a “sexual plaything” should have gone to jail.

The bugger didn’t go to jail. He has spent a few months cooling off at home.

The Court of Appeal says his nine months home detention is “manifestly unjust”.

But this manifest injustice is not being put to rights.

Read the rest of this entry »

A judge, a QC and an IOU – they spell trouble when it comes to public perceptions of our courts

April 19, 2010

Some of the goings-on in the Bill Wilson affair are fortifying Alf’s view that we should have stuck with the Privy Council as our top appeal court. It is British, among its great attributes.

Setting up our own Supreme Court bothered him (and still does) because Alf was not confident we had enough judges supreme enough to sit on it.

His jaundiced view is further jaundiced by a Stuff report today on the Crown’s two top lawyers and their failure to correct a submission to the Supreme Court.

Oops. Probably Alf should refer to their alleged failure to correct the submission (bearing in mind this is legal stuff and lawyers are apt to become uppity about the absence of the word “alleged”).
Read the rest of this entry »

A terrible toss-up between siding with tax-trimming bankers or with brain-taxing wankers

December 24, 2009

Alf has never been a champion of the banks and the bankers who run them. He has been especially sour about the buggers since they pulled out of Eketahuna.

But the sadsack socialists at The Standard are more loathesome than bankers.

Today a bloke called Eddie is banging on about the big bucks owed to the IRD.

The banks, who tried to rip us off to the tune of $2.6 billion, have agreed to pay us $2.2 billion.

I don’t get it. We’ve spent tens of millions so far on court cases to get our money. We’ve won every case.

Read the rest of this entry »

The Bain murders: taxpayers have been bloodied too

June 6, 2009

Alf doesn’t want to put a dampener on the celebrations by David Bain and his supporters, after the non-guilty verdicts in the murder trial.

But he wonders how much of the retrial tab should be picked up by taxpayers.

The news media have been full of the story, after a jury yesterday found Bain not guilty of murdering his family – five separate charges – in Dunedin 15 years ago.

The verdicts showed the jury thought the system had got it wrong.

Costs have yet to be finalised, but sources have told The Press a “back of the envelope” total was $4 million to $5m. That does not include the salaries of police, judicial, ministry and court staff who have expended a huge amount of time on the case.

Police are believed to have spent about $500,000 on expenses for the retrial, and legal services provided to the Crown are expected to cost about $750,000 for the retrial and preliminary hearings over two years.

The Legal Services Agency disclosed yesterday that Bain had received $2,056,495 in legal aid to date for his retrial, although many invoices had still to come in.

Bain received $706,127 legal aid for his 1995 trial, his original Court of Appeal hearing and the original appeal to the Privy Council.

Bain supporter Joe Karam has been working 70 to 80-hour weeks since the Privy Council decision in 2007, having hardly a day off, he told The Press yesterday.

He was paid at the legal executive rate of $75 an hour and has been paid for three hours each day of the trial.

Private donations had helped, but had not been more than the campaign had cost him personally, he said.

Now the question of compensation is being raised.

Guess who will pick up the tab for that, if it is awarded?

We shouldn’t take it for granted there will be a payout.

Christchurch QC Nigel Hampton said Bain could apply for compensation. However, his chances of success would be limited because Bain would be required to prove his innocence, which was much harder than proving reasonable doubt to a jury.

But Alf has been hearing lawyers say they think Bain is a very deserving case.

Regardless of compensation, taxpayers have been bloodied, too, by the Bain slayings and the extraordinary judicial consequences.