Common sense from the Judge
September 28th, 2012 at 2:00 pm by David FarrarThe Greymouth Star reports:
Robert Frank Terry, 58, is alleged to have made the threat in a letter to Justice Minister Judith Collins, and five others including Chief Justice Sian Ellias, West Coast-Tasman MP Damien O’Connor, Ministry of Justice chief executive Andrew Bridgman, and New Zealand Law Society president Jonathon Temm.
Terry has not entered “not guilty” pleas but has told a judge that he will be defending them.
Today, he sought from Judge David Saunders a relaxation of his bail conditions, which ban him from having contact with any MP or their staff. He was also banned from contacting Parliament itself, but is allowed to make submissions to select committees. Claiming that the conditions breached the Bill of Rights, Terry said: “The Crown cannot stop me from contacting Parliament”.
“When the allegation is that you were going to destroy or bomb it, it certainly can,” the judge countered.
Exactly – no rights are absolute. If you get sent to prison, you lose your right to liberty. If you send letters to MPs threatening to bomb Parliament, then you don’t get to keep harassing MPs and staff. History has shown that some of these threats turn real – with staff having been had weapons pulled on them etc.
“Nobody would deprive you of your right to make sensible submissions to Parliament but when they resort to threats, the recipients have every right to not want to speak to you.”
Declining Terry’s request, Judge Saunders said: “Mr Terry has, by his history, shown to be a persistent and at times thoroughly obnoxious litigant.
He has a history of making communications that are threatening and disturbing to the person receiving them.”
Takes a lot I suspect to have a Judge label you obnoxious.
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September 28th, 2012 at 2:34 pm
A quick google makes me think Mr Terry is possibly skirting very close to being ruled as vexatious
Vote:September 28th, 2012 at 3:38 pm
It was only a week or so back that Saunders was accused of being a softcock judge due to a sentencing decision. This item seems to show that some Judges can in fact be relied on to exhibit common sense when they are in a position to do so. Whereas sentencing decisions would appear to be proscribed by legislation and tables which they are bound to comply with, this sort of decision is one where a lot more freedom is given (and taken).
Vote:September 28th, 2012 at 4:50 pm
Aren’t rights absolute – that is why they are called rights – the right to live, right to education etc? As far as I know there is no right to liberty, it is more a privilege that we enjoy so long as we do not break certain laws.
[DPF: In fact few rights are absolute. The right to liberty is far more well established than the right to phone up MPs staff]
Vote:September 28th, 2012 at 4:56 pm
Might be a relation of one Lionel Terry…
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