Posted by: transparencynz | May 22, 2017

Whistle-blowers .. Government fights back… Police make up offences to attack whistle-blower

Whose side are the police on  !!    this after noon I received a phone call from Detective Simcox  he told me that he wanted to talk to me about the breach of suppression order. I asked him who it was regarding and he told me he could not say so  as this would breach the suppression order.  I replied that not being able to tell me who it is in relation to would make things very  interesting .

He then said that it was with regards to a lawyer  who I had mentioned in blogs and who had had his name suppressed by the law society  .  I said XXXXX  he said yes.  To which I   roared with laughter and said thank you for confirming my suspicions.

He asked if he could come and speak to me about it , I said there was no point  I did not believe that I had breached an order as I had never seen one and did not know what  the scope of it was if there was one  and  I was not a party to the hearing.

I told him to send me a copy of any order and on receipt I would immediately comply  with it .

I  invited him to come round on the condition that he would investigate the frauds  relating to Mr XXXXXX, but he said he would not be  doing that .

Less than 10 minutes later  I was served  a summons. Two cops came to my door  to deliver it . I told them that the summons  did not fairly inform me of   a charge  it simply said  that on 18 April, 9 May and 17 May  I breached a suppression order  under the lawyers and conveyances act

the posts which they are referring to are

Was XXXXXX censured ? is this why this animal welfare lawyer has gone? I have since taken this down and amended the following

Why I am a danger to society….. I must not lift rugs

Time to support Whistle-blowers …. why we need an independent commission against corruption

This obviously means that the police have read these posts   and are choosing to defend a fraudster  and crucify a whistle blower. this is despite the fact that  I have had complaints in with the SFO and police for years    see letter from Bill Searle  AWINZ corruption letter sfo & sfo letter and  sfo email

Auckland University Law Professor Bill Hodge said it was ”ironic” that someone from the legal profession should be keeping their name secret when openness was one of the key attributes of a democratic legal system.

”Justice is a public virtue. It should not be like a priesthood with secret rites behind closed doors and in secret chambers.”

Hodge said if lawyers faced allegations relating to conduct then they deserved to be known by the public.

”People should be able to take those into account when choosing a lawyer. Clients should be able to make an informed decision.”

He said lawyers, like any other profession, should be subject to open court action.

Hodge said he disagreed with the argument that a lawyer’s reputation would be tarnished even if he or she was cleared.

”They can tell the truth about that too. People will judge them with the view that they were wrongly charged.”

The Government has recently moved to tighten up name suppressions which it said were being granted ”too readily and inconsistently”.

The Criminal Procedure Bill was passed in October and comes into effect in March.

It clarifies that ”wealth, reputation or public awareness” should not be taken into account when judges grant name suppression see more 

Ironically the comment made by a police woman  on a police file about me in 2012  was so confidential that I was not allowed to see it  yet it ended up having an impact on my career in 2017 and splashed all over the papers.

this is just so in line with my last post re whistle blowers

What makes it even more interesting is that there is no such offence as breaching a suppression order , pity they had to be in such a rush  and were not able to check the law before they dashed off to serve me .

the summons was under section 28 criminal Procedure act

28 Summons in relation to charge may be served

(1)A constable or any other person may issue and serve a summons on a person if that constable or other person—

(a)has good cause to suspect that the person has committed an offence

Now   Good cause to suspect  can only come after  identifying the act and section

It would appear that in his haste   detective Simcox  did not identify   any  offence   or even investigate that there was  one.  will be interesting to see what he comes up with  .. will keep you posted.

Have just spoke to  detective Simcox  who informs me that I have breached section  241 c of the lawyers and conveyancers act and section  263 1 & 2 .

Obviously this is being driven by some one who  want to see my Private investigator licence revoked    section  241  doe snot even apply to any one other then lawyers   and relates to appearing before the disciplinary tribunal

section 263  relates to   the breach of an order to that end I have invited him to send me a copy of the order and on receipt of it  and  noting its validity I will remove all content which is in breach of the order .  he told me that  he  knew it existed , I told him that after 15 years in the police Iknew that cops can tell lies and that I want a copy  of the order so that I could see for myself.  I cannot comply with an order if I don’t know it exists  or what the order is.

he said  he would check with the legal team   , I  told him if  I don’t know what the order is then I do have  a lawful excuse.

Strangely enough   wouldn’t it have been  good police work if   Simcox or some one had said   here is an order  it appears your  in breach of it  . rather than  we are  going to prosecute you   were not   giving you any info…

I have now spoken to  his boss senior sergeant  Darren Pritchard.   I explained the background with he who must not be named and asked for  a copy of the suppression order, he said that he did not have a copy of it  but I would get one as soon as they had it.  I  told him that I was prepared to take  the name down   but I should not be charged as I have not got a copy of the suppression order  and don’t know the terms .    he said I would get things under discovery.

I am totally astounded that the police act so quickly  for me  naming  now a confirmed corrupt lawyer . The   complaint was made  by the ministry of justice  who on their web site say this about corruption  https://www.justice.govt.nz/justice-sector-policy/key-initiatives/bribery-corruption/

and https://www.justice.govt.nz/justice-sector-policy/key-initiatives/bribery-corruption/how-to-report/

I think I have just proved   how dangerous New Zealand is with regards to exposing corruption.


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