Blog Bits
- NBR Editor Nevil Gibson blogs about the Jobs Summit (which he attended) and the beatup over Swazi.
- Steven Price says that s92A did not mean guilt by accusation. I disagree with him, but agree that the solution should be some sort of dispute resolution scheme.
- MacDoctor does an excellent fisking of the claims that drinking causes cancer.
- And Aaron Bhatnagar also fisks claims by City Vision in Auckland.
- Chris Trotter defends Wanganui staying Wanganui, saying that even if the name was originally spelt differently, most names change over time and are not invalid for that.
- Poneke blogs that some very ungrateful passengers (probably due to “grasping lawyers”) are trying to sue US Airways for trauma over Flight 1549 where Captain Sullenberger saved all their lives after a bird strike. Incidentially anyone who has not seen the Katie Couris interview with Sullennberger should – a must see – especially when they reunite passengers and crew.
- No Right Turn is outraged at the Police cover up over a senior office refusing a breath test. I agree.
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Tags: Blog Bits
March 1st, 2009 at 6:58 pm
No link to Poneke?
March 1st, 2009 at 7:17 pm
Another excellent post from I/S. For those who can’t be bothered clicking through, the conclusion is:
They have and they do. And it isn’t the first time… it’s just that usually they reserve that behaviour for when they’re preparing an evidence brief and testifying at trial.
Can the need for an Independent Commission Against Corruption with powers to bring to heel not only politicians but also their police force (because it certainly isn’t our police force) be any more clear?!
Why isn’t this on National’s agenda?
March 1st, 2009 at 7:35 pm
Agree Rex-
OIA, Disclosure/discovery When have the police ever abided by any of the requirements?
I defended a speeding ticket about 7 years ago because I knew the cop was lying. I sought discovery of all documents and never received in the period required, (because they didn’t exist) when I did finally get them they were fabricated.
The cops do this all the time!
I must say thats the only part of I/S post I agree with – because any cop turns up on my ‘Private Property’ asking to breath test me I’d tell him to piss off too
March 1st, 2009 at 7:47 pm
What I find truly weird is Chris Trotter agreeing with Michael Laws – I need to lie down.
March 1st, 2009 at 8:22 pm
I would hope in the case of the downed plane, the airline is being sued and not the pilot.
Obviously, the US being a litigious society, this was going to happen, but intelligently please!
March 1st, 2009 at 8:39 pm
The police thing is odd. As Patrick Starr says the cop was quite entitled to tell the officer to naff off (and my advice is that anyone in that situation should do the same) so why has he been suspended?
Just to be clear there are only three occasions that you MUST submit to a Breath Screening Test (that’s the road side blow in the machine and/or talk into the wand):
1. If you are driving (fairly obvious)
2. If a police officer has good cause to believe that you have recently committed an offence against the Land Transport Act
3. If a cop has good cause to blieve you have been involved in a car accident
Number 2. is the relevant section here. Good cause is not much of a hurdle (eg: a report from public of “erratic” driving would likely cover it) but “recently” is quite vital particularly in the context of the Land Transport Act. There is a nasty little section in that Act that basically says “what you blow is what you are”. Designed to stop a EBA driver racing off and drinking five pints before being tested it has potentially nasty consequences for a person who falls under “recently” hence it should be restrictively interpreted (imho).
In any event it appears that whether the driving was recent did not have to be considered as the investigating officer went on to private property to “make inquiries”. There is no legal right under the LTA for police to enter private property so unless it is “hot pursuit” the cops only have the rights of ordinary citizens to come on to property. As an aside a particular beef of mine is that notwithstanding the police are making inquiries they do not feel the need to provide a caution as they need to “establish what happened” before having a “genuine belief that an offence may have been comitted”. Grrr.
Anyway there should be some documentation available. Phone call records, dispatch records and job sheets/note book entries.
The real question for me is why is this guy suspended?
March 1st, 2009 at 8:43 pm
And the police wonder why the public mistrust them.
March 1st, 2009 at 8:50 pm
“And the police wonder why the public mistrust them.”
I actually wrote on Topix about this.
Concerning Scott Watson and David Bain
“If both men are acquitted I’m sure the threads are going to be full of criticism for our police. But we must remember how efficiently and quickly they can work in solving very complex and serious crime.
I actually get quite blown away by our police at times.”
March 1st, 2009 at 9:36 pm
The Pehimana were to slow in the testing, what would have stopped the cop from downing 6 or so stiff whiskeys in his house?
He is OK.
March 2nd, 2009 at 7:41 am
gpt1 – You are talking about a criminal process here – the officer escapes a criminal charge because the Police could not lawfully gather the evidence to prove the matter beyond reasonable doubt.
An employer may however take disciplinary action including dismissal if the evidence shows this to be justified on the ‘balance of probabilities’. Also with this evidential standard the ‘accused’ person cannot remain silent but needs to actively rebut the offered evidence.
The Police are clearly within their rights to take the matter further, the main concern being why they have not, apart from giving the guy 6 months leave for ‘medical rehabilitation’.
If the Police point-blank refuse to recruit anyone with a previous drink-drive conviction, they should be viewing any drink-drive within the Police with a very jaundiced eye.
March 2nd, 2009 at 8:12 am
How the hell do a people with now writen language “spell” something and not just spell it but spell it with someone else alphabet?????
March 2nd, 2009 at 1:19 pm
Perhaps an independent Police Complaints Authority should adopt the same tactics as the Police – assume guilt and require proof of innocence as indeed the lower courts seem to concur with the Police by believing a Police officers statement as more truthful than the citizens when the reality is the Police have more experience of Lying in Court than virtually every citizen.
March 2nd, 2009 at 4:07 pm
“That story, which featured Labour MP Darren Hughes’ uncle in full flight about losing a defence sub-contract to China.”…Extract from the GIBSON NBR Blog……………….HUGHES Uncle made his big fuss the day before the Jobs Summit.It seems to indicate another contrived LIABOUR dirty trick. JohnKEY was wise to exclude them from the summit.
March 2nd, 2009 at 4:10 pm
D4J
“And the police wonder why the public mistrust them”
Speak for yourself, most of the public do trust them, just because you have issues with them does not mean you can post utter crap and pretend to speak for the rest of us.
March 2nd, 2009 at 4:13 pm
Wiki
“I actually wrote on Topix about this.
Concerning Scott Watson and David Bain”
Watson I do not give a toss about, if he is innocent of the murders then then tough luck, he is in the right place.
Bain is as guilty as sin, he should go back to prison for the rest of his life.
March 2nd, 2009 at 10:42 pm
Big Bruv – Police – I think D4J has a point, there is credible doubt in the publics mind as to the trustworthiness of Police or at least their management to wit – Ticket quotas/Failure to prosecute Labour/Prosecuting Shane against legal advice and being critiscised by the judge/etc etc ad nauseam.
I respect your opinion on Watson/Bain but in view of Bains forthcoming re trial will you still be so prescriptive if he is acquitted or will you accept that perhaps a miscarriage has occurred, ditto Watson. You are usually on the money but appear a bit prejudiced on these matters.
March 2nd, 2009 at 10:50 pm
Big Bruv,
I think you need this link to blog where you’ll get the most support.
http://www.topix.com/forum/world/new-zealand/T5IO20ELJJQ0BAIV0/p2#lastPost