Tags: crime, Police
A South Auckland teenager ended up on the wrong side of the law, when he jumped the fence into the local police station while trying to escape officers.
Police were called to the Papakura Countdown supermarket around 6.45pm last night in response to a group of youths who were intimidating customers and washing windows in the carpark.
The group fled from police and one 14-year-old boy evaded officers by climbing over a nearby fence.
Unfortunately for the young man it was the fence of the Papakura Police Station.
“Unsurprisingly, he was quickly apprehended by police staff,” said Area Commander Jim Searle.
Senior police did not closely watch a corrupt officer within their ranks after a woman accused him of indecency – because they knew nothing of her complaint.
Sources have told The Press that Gordon Stanley Meyer’s supervisors at Christchurch South police station were not told about the 2007 complaint until after his 2011 offending came to light.
Police National Headquarters said last night there were no “lawful grounds” to tell them about it.
This is bureaucratic nonsense. There may be no lawful grounds to discipline an officer over the earlier complaint, but that is very different from not noting it on his file, and ensuring his supervisors are aware of it.
The senior constable accepted an offer of oral sex to let a 23-year-old woman off a drink-driving charge in September 2011 and touched an 18-year-old’s breasts in a patrol car in April 2011.
After his guilty pleas, police revealed a woman made a complaint six years ago that Meyer indecently touched her in a public place, also while he was on duty.
Police investigated, but found there was insufficient evidence to prosecute or discipline Meyer.
Police Assistant Commissioner Grant Nicholls told Radio NZ that Meyer was not issued a warning over the 2007 complaint, nor was a monitoring programme put in place. “You would have thought he would have heeded the warning of the inquiry. Obviously he didn’t.”
You would have thought the Police would make a file note!
When asked why Meyer’s supervisors were not informed of the 2007 complaint, a police spokesman said: “Police are bound by the same laws as any other employer. In the absence of sufficient evidence in either the criminal or employment context police had no lawful grounds to take the measures … outlined.”
This is where the Police have it wrong. There is a difference between the level of proof needed to take action, and to inform supervisors.
The principal of the Northland school who didn’t tell anyone about the complaint about his deputy principal was castigated by everyone for his failure. The Police seem to be doing the same.
The 2007 Bazley report recommended that all relevant information to give a “complete picture of an officer’s full record of service” should be accessible to supervisors when making appointments, monitoring performance and investigating complaints.
A police spokesman said they had until 2017 to implement the recommendations.
They should get on with it.Tags: Police
I criticise the Police when they deserve it. For over a decade I’ve been critical of how they (don’t) prosecute electoral law offences and have called for that power to be removed from them. And the failure to promptly disclose that there had been complaints about the Roast Busters members previously was a massive fail for them.
However the details of this story in the Herald are grounds for praise, not criticism, of the Commissioner.
The Herald reports:
Police Commissioner Peter Marshall – whose department is under fire for its handling of the Roast Busters affair – today personally phoned a man who has been publicly criticising the police over the matter. …
Mr Marshall called the person because they had lodged a complaint via the police website on Thursday in relation to police behaviour at Police National Headquarters. The person had provided their full name, address and phone number, the spokeswoman said.
“The Police Commissioner and other executive members are provided with copies of relevant expressions of praise or complaints and the Commissioner often personally follows up the matters raised with individuals, if they have supplied their contact details”, the spokeswoman said.
I think there are three things worth praising here.
- That feedback on the Police that people provide through the Police website actually goes to the Commissioner and Executive – not just to some PR flunky
- That the Commissioner will actually respond personally to a serious complaint, rather than be an out of touch desk jockey
- That the Commissioner was working on a Sunday
I wish more leaders would do that.
The man – who comments on Russell Brown’s Public Address blogsite under the username Kracklite – has over the last week criticised the police as an “organised pack” of misogynists with a “very sick culture” who had destroyed the public’s trust in them.
This afternoon, after criticising Mr Marshall’s performance when he was interviewed on television’s Q+A earlier today, he posted that Mr Marshall had just phoned him directly.
“I hung up immediately when he identified himself,” the man posted.
That’s rather rude. Maybe he got a bit paranoid and thought the call was in relation to his pseudo-anonymous comments on Public Address, rather than his filling in an official Police feedback complaint form – but if he hadn’t hung up immediately then he could have discovered that.
“Given the serious allegations in this particular complaint, the Commissioner phoned the individual, using the contact information they had supplied, in order to discuss the matter further. The Commissioner only got as far as identifying himself before the individual hung up, saying he did not want to speak to him further.”
Why fill in a complaint form making serious allegations, and providing your contact details, if you don’t want a response?
The Police have not handled the Roast Busters saga at all well. I certainly have several questions about why they didn’t take other action against the youths, short of prosecution. The IPCA report will be most interesting, and there are legitimate questions over the Police culture.
But I don’t believe in beating up on the Commissioner for being responsive to a complaint, as some were doing on Twitter yesterday. Marshall is known to be very popular with the rank and file Police because he isn’t cloistered at Police HQ, but actually gets out and about. His phone call is part of that style.Tags: Peter Marshall, Police
3 News last night reported:
Ever since 3 News broke the story of the west Auckland Roast Busters, police have maintained they couldn’t prosecute the underage sex gang until they received a complaint from a victim.
Tonight it can be revealed the police did receive a complaint from one girl; two years ago.
The girl, now 15, says she felt it was her word against the Roast Busters and no charges were laid.
“This is my chance to say something. I couldn’t do anything two years ago. I want to do something now,” she told 3 News, in the presence of her mother and sister.
She wanted to be identified, but for legal reasons she is unable to be shown or named. She says she was sexually assaulted by the Roast Busters when she was 13.
“Joseph was on my left side. Tristram was on my right. And Beraiah was on top […] I was a virgin.”
She says she was ”terrified”.
“I started crying and was asking Beraiah to hop off and I was scared and stuff […] I was more traumatised that I was 13 and losing my virginity.”
She says she was telling them to stop and get off her, but they continued. It was Joseph, she says, who eventually stopped it.
“He said ‘Beraiah get off her or you’ll be done for rape’ […] He said ‘oh shit’, and hopped off.”
She believes she was one of the first victims. Afterwards, she blamed herself. She stopped eating and it took weeks to tell her family.
They immediately took her to the police, where she says she laid a complaint. Her brother handed over the boys’ names and addresses to the detective.
“I had a video interview where I had to act out what had happened with dolls […] It was traumatising.”
But, apparently, it wasn’t enough. She said she felt like it was her word against the Roast Busters.
“They said that I didn’t have enough evidence to show. Because I went out in clothes that was pretty much asking for it. […] I was asked a lot of questions about what I was wearing, and I went out in a skirt.
“If it was me, it could be any of my friends. I knew it would carry on ,” she says.
“I can’t believe nothing was done then. From then I have had my friends sexually abused by them. How many girls have been raped? I have seen posts done by girls saying Roast Busters ruined their lives […] They’ve gotten away with so much.”
The girl plans to lay another complaint with police tomorrow.
There may be two sides to this story but one the face of it, this is appalling. Regardless of any issues around proving consent, this doesn’t apply as she was 13. I can’t understand how this did not lead to a prosecution.
The Roast Busters are being publicly defended by an unlikely source – their female friends.
The young women say the girls involved with the Roast Busters knew exactly what they were getting into. Many of the girls had group sex with the gang more than once, showing that they were willing participants, the friends claim.
Many, is not all. It doesn’t matter if 95% were willing participants if 5% were not.
Hargreaves and four of her friends appeared on TV3 last night, speaking out on behalf of the group. They said Hales and Parker were “not rapists” but “cool dudes”, and that drunken group sex was actually “normal in West Auckland”.
“Not for everybody though it’s just the young ones – 13 to 15-year-olds – that’s what they do”, one of the girls claimed.
That is very very sad. I’m sure not applying to all of West Auckland, but there is obviously a sub-culture where it is, and presumably huge peer pressure to conform.
UPDATE: Stuff now reports that the Police in fact had four complaints in the past about members of Roast Busters. This is a very serious situation for the Police as they had been saying that they could do nothing because there had been no complaints.
There are now multiple issues for the Police to deal with.
- Why did they say there had been no complaints, when there had been four? My assumption is a communications stuff up rather than malice, but it simply isn’t good enough. This information should have been made available to the hierarchy the moment the public spotlight turned on these West Auckland youths.
- Why were there no prosecutions in the past? Now we need to be careful here as the Police are independent and are the ones who have to weigh up whether a prosecution can succeed. And lack of consent can be very difficult to prove beyond reasonable doubt. However if the girls complaining were under 16, then the issue of consent is not necessary for a prosecution. Now again, some judgement here is needed. If two teenagers both aged say 15 and a half have consensual sex, and say the parents of the girl complain, I don’t see much merit in turning the 15 and a half year old boy into a criminal. But if the girls are themselves the complainants and they are aged under 16, then it seems a case for prosecution. Other factors can be the age difference. Two 15 year olds is different to say a 19 year old and a 14 year old.
- If there were four complaints, why did the Police not take some other action, short of prosecution. Were any of the young men interviewed and cautioned? That in itself would be a good way to scare them into not thinking it is okay to get young under age girls drunk so you can have sex with them.
The Herald reports:
Police officers who chased and shot dead an armed teenager broke a number of police policies, but were justified in the shooting, a report into the incident concluded today.
Lachan Kelly-Tumarae, 19, died after being shot numerous times in a stand-off with officers in Hawkes Bay in March 2011.
The details are:
Mr Kelly-Tumarae had left his grandmother’s home in Flaxmere, in the early hours of the morning of Sunday, March 28, with his late-grandfather’s shotgun. He had both alcohol and cannabis in his system from the night before.
The teenager was spotted by a routine patrol crouching beside a car, and when they stopped, he approached and pointed the weapon at them.
The officers sped off and reported the incident to their communications centre.
An 18km pursuit through suburban Napier began after Mr Kelly-Tumarae drove away in his grandmother’s car and ended up outside the main entrance to the Omahu Marae Cemetery, west of Hastings, where his grandfather was buried.
The teen got out of the car with the shotgun and pointed it at an officer parked close by. A policeman in a second vehicle got out of his patrol car and aimed his Glock pistol at Mr Kelly-Tumarae, shouting “armed police”.
The 19-year-old ran towards the cemetery, then stopped and turned around, aiming his gun at the armed officer.
In that situation the Police had no option but to shoot him. If you have armed police telling you to surrender, you don’t point a gun at them. Mr Kelly-Tumarae is entirely responsible for his own death.
“Fearing that Mr Kelly-Tumarae was going to shoot him, the officer discharged a volley of shots. Mr Kelly-Tumarae remained standing, and believing he had missed, the officer fired another volley of shots,” the report says.
A total of 14 bullets were fired from the police officer’s weapon, with four wounding the teen. Another bullet appeared to have passed through his clothing, the report said.
This is the issue of concern. A 4/14 strike rate is pretty bad. The officer obviously needs more firearms training. If you don’t hit the person with your first shot or two, then they may get to shoot you.
It is sad whenever it is necessary for the Police to shoot someone, as was this case. But when they do have to shoot, you want them to be accurate.Tags: Police
Colin Espiner writes at Stuff:
In the past eight years alone police pursuit policy has been reviewed five times, including a major overhaul in 2007 that led to stricter controls being placed around chasing offenders, including overall responsibility for a pursuit handed over to police comms rather than officers in the pursuing vehicle.
Yet the carnage has continued unabated, chiefly because the police bottom line has always been there is “insufficient evidence” to support banning pursuits and that the public itself would not support police allowing offenders to flee without giving chase.
The rationale seems to be that if police did not chase suspects they would get away, and therefore the end – catching the bad guys – justifies the means, even if that leads to the deaths of either the offenders or worse, an innocent member of the public.’
The problem is incentives do matter, and if bad guys know they an get away simply by speeding up, then you’d be an idiot to actually stop when the Police ask you to!
Not everyone agrees with this. Both Tasmania and Queensland have banned police pursuits in all but the most serious of circumstances after suffering a spate of deaths from crashes during pursuits.
It’s too soon to say if crime is up or accidents are down in those states. But as Queensland Police Commissioner Ross Barrett put it recently, “the key question is whether the death of an innocent motorist is a price the community is prepared to pay for the unfettered right of the police to pursue.”
Who is arguing for an unfettered right? The NZ Police don’t have such a right. There is a policy on when they pursue, and for how long. But remember that if you don’t catch the drunk driver, he may end up killing anyway.
Around half of pursuits in NZ are abandoned by the Police because they are too dangerous. So that is far from unfettered.
In 2013 there are more ways for police to apprehend suspects than a high-speed chase; helicopters, state-of-the-art communications, information sharing, computer and mobile phone tracking, electronic facial recognition software, and much more. It’s less dramatic, and it might take a little longer but I suspect most times the police would still get their man.
I’m not so sure. You can identify a vehicle and even who was in the vehicle, but you need to prove who the actual driver was for most offences.
What I’d back is far stronger penalties for those who fail to stop and flee, such as automatic destruction of their car.
There are some stats about what has happened in Victoria with limited pursuits:
In 2006 when pursuit guidelines were tightened, there were 186 reports of drivers evading police. Seventy-seven drivers or 41 per cent weren’t caught.
The following year the crime rate more than tripled with 589 drivers refusing to stop. 39 per cent were never found.
By 2010, 972 attempted to evade police with 45 per cent of those succeeding for good.
Last year evade police reports exploded to 1508 reported offences, 989 drivers or almost 60 per cent, are still on the run.
Totally predictable, if you make it effectively voluntary to stop for the Police.Tags: Colin Espiner, Police, Police pursuits
The Herald reports:
Labour’s police spokesman Kris Faafoi said the results showed a high level of use of the DPS by John Key.
“It shows how much the PM has stretched them.”
A spokeswoman for Mr Key said police made decisions on DPS staff assignments.
“The Prime Minister highly values his protection staff who are extremely professional and very hard working in sometimes challenging circumstances.”
I really wish Labour would stop their multi-year campaign of attacking the PM because he has Diplomatic Protection Squad Police accompany him. Its disgraceful. Their antics create a culture where politics may affect decisions around safety of the Prime Minister.
The PM (and previous PMs) get DPS protection because people threaten to kill them. It is not a perk of the job. It is a sad necessity. Labour should not blame the victim!
I hope when National is in opposition they are never so desperate as to criticise a Labour Prime Minister for having DPS accompany them.
Mind you if David Cunliffe wins, he may need the DPS to actually attend caucus meetings to protect him from his colleaguesTags: DPS, John Key, Kris Faafoi, Police
The court verdict follows today’s Daily Telegraph report about a NSW Police internal affairs investigation uncovering evidence Osborn allegedly saw up to 33 women at the same time, meeting four of them on any one day as far apart as Sydney and Newcastle.
Having 33 girlfriends at the same time, with none knowing about the others, is a logistical achievement – as is managing four in one day!
I wonder if he ever worked in NZ for the Rotorua Police in the 1980s?Tags: Police
The Herald reports:
Two police pursuits, one which resulted in the death of a 20-year-old fleeing driver, and another where four teenage girls were seriously injured, have been cleared as textbook responses by the police watchdog.
The pursuits did not result in any deaths. Unless it is the police car that spins out of control and hits some pedesterians, it is not the pursuit that results in a death. It is the drunk, stoned, dangerous fleeing driver.
In both cases, the IPCA concluded that police not only considered all relevant risk factors before commencing each pursuit but also fully complied with the law and police policy during the pursuits.
The Auckland incident resulted in serious bodily harm to four girls during a 53-second police pursuit in Kohimarama on the night of March 3, this year.
Earlier that evening, the 16-year-old driver of a stolen Subaru legacy and her three passengers had been involved in a number of altercations which were reported to police.
There had been reports they had attacked another group of youths – even attempting to run them over – and damaged property at a cafe on Tamaki Drive, Mission Bay.
In responding to the reports, police tracked the car down and signalled the driver to stop.
But the female driver accelerated and shortly after hit a concrete island while attempting to overtake another car.
The driver and her occupants crashed into a concrete block wall, with all four sustaining serious injuries.
“This was a pursuit which lasted 53 seconds and covered approximately 1.4km prior to the crash,” IPCA chairman Judge Sir David Carruthers said.
“Police complied with the law and policy throughout the pursuit and the communication, especially in relation to risk, was excellent.”
The Authority found that the main factors causing the crash were the driver’s excess speed and blood alcohol level.
There are obviously some circumstances where a pursuit should be abandoned. But you need to be careful about the incentives you create. If drivers know that the faster they flee, the more likely it is the Police will not follow them – well it provides an incentive to flee as fast as possible.Tags: Police
The Herald reports:
More changes to electoral laws will be made before next year’s election including closing a loophole which enables parties to hide donations until after election day.
Ms Collins also intended to clamp down on the use of undisclosed loans after the Electoral Commission raised concerns that making loans which were later written off, rather than donations, could be used to dodge disclosure requirements.
Which is what the Conservatives did.
Justice Minister Judith Collins also indicated she would look at bigger changes after the election, including whether police should continue to handle electoral offences.
This follows complaints that the police rarely prosecute and are slow to deal with cases.
The Police have failed to do effective enforcement in 2005, 2008 and 2011. I’m disappointed they will be left respnosible for enforcement in 2014 but at least the Government hasn’t said no, and so this may be the last election we have where parties and candidates (and voters) can break the law with almost no consequences.Tags: electoral law, Police
Every town in the country should have CCTV cameras to installed to help in the fight against crime.
That’s the opinion of one top officer, retiring after 30 years in the force, and who in the course of his career worked some of the country’s most notorious crimes
Retiring Detective Sergeant Glenn Tinsley, formerly of the Waihi Crime Investigation Bureau, was heavily involved in both Operation Sara – the murder of Sara Niethe in 2003 – and Operation Olive – the murder of Paeroa Pizza man Jordan Voudouris in June 2012, two investigations he says would have been a lot easier with the help of technology.
He says if the government and public want to “get serious” about crime prevention, the first step should be a rollout of CCTV cameras coupled with plate recognition technology.
He reckons cameras – paid for by local councils, the New Zealand Transport Agency (NZTA) and ACC levies – should be installed at the entry and exit points of every town.
“If you had a camera set up in all towns either side of Whangamata, Whitianga, Tairua, Coromandel the same, even the [Kopu] bridge at Thames; everything that moves – you are going to catch it,” he said.
Why stop there?
Why not microchip every person born in NZ, with a chip that tells the Police where you are. So if a crime happens in a specific area, the Police can work out who was within 100 metres of the crime and haul them in for questioning.
Then after that, we can start work on pre-crimes. Of course that would mean arresting the entire population of Huntly.Tags: Police, police state
The HoS report:
Police fatally shot burglar Adam Morehu in the back, before hitting him over the head with a torch, his family says.
Details on the two bullet wounds have emerged after the Taranaki man’s body was returned to his family for burial, along with a preliminary pathologist’s report.
“I don’t know that I would grieve any less if he was shot in the front, but being shot in the back – that’s just wrong,” said Diane Richardson, the mother of his partner Kaly.
Even if the family are correct, surely the key issue is why were the Police shooting Morehu?
Police say Adam Te Rata Charles Morehu, 33, was first Tasered, then shot twice in the torso with a police-issue Glock handgun after he acted aggressively towards the officers, twice threatening to kill them and firing a shot from a rifle.
He not only threatened to kill the Police, but he fired his rifle. At that point he was doing suicide by cop. He refused to surrender to armed police, he threatened to kill them, and he fired his rifle.
But they have refused to confirm to the Herald on Sunday that he was shot in the back, saying only that the officer believed he heard Morehu reloading his rifle in the darkness.
I don’t care what the angle is. This is not some Western duel or gunfight. He fired his gun, and refused to surrender. You don’t give him a sporting chance to kill you. You fire.
Kaly had been angry at Morehu for going on the alleged burglary, Richardson said, but more angry still to discover that he need not have died.
Indeed. All he had to do was drop his gun and surrender. Her anger should all by at Morehu, and not at the poor cops who had to risk their lives being shot by him.Tags: Adam Morehu, IPCA, Police
Tracy Watkins at Stuff reports:
Police Commissioner Peter Marshall is defending the closure of 10 offices during the past year.
Labour MP Phil Goff yesterday accused the Government of misleading the public and said Police Minister Anne Tolley had given a commitment a year ago that no police stations would close.
“You’ve closed 10 stations since September last year, eight of them in Auckland, and that’s probably not the full story because my local police station has had ‘temporarily closed’ on its door for the last four months,” Mr Goff, the MP for Mt Roskill, told Mrs Tolley during a law and order committee meeting at Parliament yesterday.
There was an angry outburst when Mrs Tolley told the committee there was a difference between police stations, and community stations and kiosks.
“Some of those are being closed and no-one’s ever denied that.”
Mr Marshall said he had been asked the same question last year and he had given an assurance no police stations would be closed for financial reasons.
“I stand by that statement. A number of bases – whether you call them kiosks or community bases and indeed a police station – have been closed purely for operational reasons because we have decided it does not fit the type of business and service we want to provide to a community at any given time.”
The offices closed by police included those in Orewa and downtown Auckland, the Porirua community constable base and Halswell Community Office.
Figures supplied by the police show a survey of community police centres in Petone, Naenae and Wainuiomata found that fewer than 1.5 visitors an hour called in to those offices and most were for meetings, contractors delivering goods, people reporting on bail and wanting general community information. Less than a third were reporting a crime or inquiring about lost property.
Labour at times appear to be ultra-conservative. They oppose any change from the status quo in the public sector – no matter what.
They think it is more important that the location and number of offices be never ever changed, than having the Police actually locate offices where they are most needed. Basically these three centres were on average each having only four people a day use them to report crime or lost property. Yet Labour is outraged that they are maintained.Tags: Labour, Police
Mr Faafoi said the latest Ten One police magazine showed more than 50 sworn officers had resigned around the country in the past month.
“It’s the sheer number and the experience of these officers that’s of concern,” he said.
A meaningless number. The Police have around 11,500 staff. How many staff normally resign in a month? What has been the rate for the last year. A month’s figures by themselves may be a blip.
Mr Faafoi said the problem stemmed from cost-cutting and he was not surprised that there was nothing extra in the recent Budget for police.
Actually the Police were given an extra $4 million in the Budget for operational spending, and since 2008 their funding has increased by $173 million which is considerable, even more so when you consider the structural deficit inherited from Labour.
“It was more about the National Party’s mates than hard-working Kiwis and that extends to the police as well,” he said.
I think Labour came up with this slogan before they saw the Budget and are too lazy to change it. Is Kris really saying $100 million for home insulations for low income families is helping National’s mates, not hard working Kiwis? I thought Labour used to claim they cared for low income families. Does he think the extra $1.6 billion for health is restricted to National’s mates? And the $900 million for education? And please Kris tell us how the $2.1 billion extra for Christchurch is for National’s mates. sounds like National has lots of mates, and Labour has none.
As a result communities were not feeling as connected to police as they did in the past and Mr Faafoi believed this could have resulted in the drop in reported crime.
Trying desperately to spin his way out of the fact that not only is reported crime down, but serious violent crime is significantly down – and the notion that serious violent crimes are not being reported is laughable.
Mr Faafoi said Labour had a track record of looking after police officers and would look to rebuild the public’s confidence in the organisation.
Really. Please tell us about this track record. Labour’s opposed almost every law change that the Police have supported such as three strikes.
Tags: Kris Faafoi, Labour, Police
The IPCA report on the Urerewa Operation 8 can be found here. Key conclusions:
- The Authority has found that Police were entitled, on the information they had, to view the threat posed by this group as real and potentially serious. The investigation into such activities by Police was reasonable and necessary.
- From a policing perspective the termination phase of Operation Eight was concluded safely. No shots were fired by Police or others, despite Police locating a number of firearms and weapons. All target individuals were located without incident and no members of the public were put at risk.
- The planning and preparation for the execution of search warrants on termination of Operation Eight was largely in accordance with applicable policy. It involved huge logistical challenges given that search warrants had to be executed simultaneously across the country. Those individuals who were considered by Police to pose the greatest risk were quickly and safely apprehended.
- In contrast, the planning and preparation for the establishment of the road blocks in Ruatoki and Taneatua was deficient. The Authority has found there was no lawful basis for those road blocks being established or maintained. There was no lawful power or justification for Police to detain, stop and search the vehicles, take details from or photograph the drivers or passengers.
- There was no assessment of the substantial and adverse impact of such road blocks on the local community. The road block at Ruatoki was intimidating to innocent members of that community, particularly in view of the use of armed Police officers in full operational uniform.
- The majority of complaints received by the Authority in relation to property searches were not from target individuals but rather from other occupants at these properties complaining about the way they were treated by Police. Some felt they were being treated as suspects. A number of occupants were informed by Police that they were being detained while a search of the property occurred, despite there being no lawful basis for such detention. Police had no legal basis for conducting personal searches of these occupants.
- The Authority has concluded that a number of aspects of the Police termination of Operation Eight were contrary to law and unreasonable. In a complex operation of the type that was undertaken here, there are always a number of important lessons to be learned about future Police policy and practices. The Police internal debrief following the termination of Operation Eight has already identified a number of those lessons and necessary changes to Police training, policy and operational instructions have been made. The Authority has made a number of other recommendations in light of its own findings. This includes the need to re-‐engage, and build bridges, with the Ruatoki community.
This looks a sensible and well balanced report. In short the conclusions are:
- The operation against those arrested was justified as they posed a real and serious threat
- The actual arrest and treatment of those arrested was done properly and lawfully
- The treatment of the wider community was over the top, insensitive and in some cases unlawful
The Ruatoki community do deserve an apology for their treatment by the Police. I think they have had one already, but will no doubt receive another. It is worth noting that of course we now have a different Police Commissioner and Minister of Police as from 2007.
But let’s not make martyrs out of those arrested. They were acting somewhere between very foolishly and with malignant intent, and the Police were right to bring their activities to an end. Their personal treatment was not generally criticized by the IPCA. They also bear some of the blame for provoking the Police action in Ruatoki. 17 firearms were found in three properties at Ruatoki, and 12 smashed Molotov cocktails at their training camp.
But as I have commented before, the Police response did seem over the top – and the IPCA has agreed. We expect better from our Police than we do of Tame Iti and Valerie Morse. They have a job ahead rebuilding confidence with Ruatoki.
Tags: IPCA, Police, Urerewa
ONE OF Auckland’s top cops has been boasting about having Deputy Police Commissioner Mike Bush sacked when his brother, Labour leader David Shearer, becomes Prime Minister.
Alan Shearer is the former Manurewa Area Police Commander and used to work under Bush during the years he spent as Counties Manukau district commander.
It is understood some bad blood exists between the pair after Bush removed him as Manurewa Area Commander into a new job at Counties Manukau where he is responsible for “planning and ending family violence” in South Auckland. …
A well-placed police source confirmed that Shearer had been “running his mouth off around town” about having Bush sacked once his brother David became Prime Minister.
“He’s been badmouthing Mike Bush. He is bitter and telling police officers in Counties Manukau that when his brother is Prime Minister he’s going to get Mike Bush,” the source told Truth.
“Alan Shearer is pissed off about being removed from his personal fiefdom in Manurewa and holds Bush responsible.”
Truth attempted to speak to Alan Shearer but he did not return calls.
I couldn’t work out why Labour would declare Mike Bush unsuitable to be Commissioner just on the basis of some ill-judged comments at a funeral. Is there a personal feud involved?
MPs are not responsible for their family members – but if the family member is boasting of using their relatives influence for their own purposes, they need to clearly state their family member is not speaking for them.Tags: Allan Shearer, Mike Bush, Police
Trevor Mallard asked in Parliament:
Hon Trevor Mallard: Will she rule out supporting Mike Bush as a candidate for the soon to be vacant police commissioner’s position, in light of his appalling judgment in reading those comments out in that eulogy?
Hon ANNE TOLLEY: We currently have a commissioner, and it would be inappropriate for any politician, at any stage, to make any comments about the future employment of any of our outstanding police commissioners. I am amazed that that member would sully the name of the one of the top serving police officers in this country.
I am one of those who think Mike Bush made a mistake in reading out the comments from Bruce Hutton’s service record. But hell it was the man’s funeral. Of course you are going to say nice things at a funeral.
Labour seem to be saying that one error of judgement, not even directly related to policing duties, means Bush should not be eligible to be Commissioner.
Apart from the unfortunate politicising of the appointment, I think that is a woeful attitude. Bush is highly respected by rank and file officers, and had a great record as Counties-Manukau District Commander. On his watch (helped by extra police officers) crime fell significantly in Counties-Manukau.
An article on his record in the Police is here. It includes a fall in crime, busting major drug rings and 100% resolution rate for homicides. Labour would have all of that count for nothing because of a comment at a funeral!
Look at what has happened to crime in Counties-Manukau. It was once almost a no go area.
- Total offences down from 56,041 in 2009 to 44,699 in 2012 – a 20% drop in three years
- Violent offences down from 6,579 to 5,803 – a 12% drop
- Robberies down 30%
- Thefts down 22%
- An increase in the resolution rate from 43.05 to 47.5%
As I said, I thought the funeral comments well ill-judged. But I believe you judge someone on their overall record of 30 years service, and Labour is not serving the public interest by trying to pressure him out of a job.
Tags: Mike Bush, Police, Trevor Mallard
The HoS reports:
The Herald on Sunday has obtained emails from the investigating officer in the case, Constable Paul Sharples, sent to witnesses working for NZTC. We showed the emails to Auckland district commander Mike Clement and he confirmed a review of the case was under way.
In an email from Sharples dated October 11, 2011, to an NZTC staff witness, he explains how his brief would be presented: “I will get this laminated on A3. Judges are like children, they like bright colours.”
Personally if I was a Judge I’d be amused, not offended. I’m sure after wading through thousands of pages of documents, a Judge does appreciate a nice colourful A3 statement!
The reference to being like children is in the context of the case being forged qualifications for a childcare worker, so it probably seemed a witty analogy.Tags: children, Judiciary, Police
Sam Boyer at Dom Post reports:
After 400 metres of running, climbing, and “hanging on like a limpet”, the country’s top cop came out smiling – and put 294 of his staff to shame.
Commissioner Peter Marshall completed the police physical competency test yesterday and, in doing so, the 59-year-old also showed up the hundreds of officers who were deemed unfit last week to hold frontline posts. …
The commissioner ran the course in 2 minutes and 56 seconds, earning himself a “gold card”. Because he holds a rank higher than inspector, he is not required to pass the test, but wanted to set an example.
“If I can do it, there’s no reason why others can’t do it. It was a matter of walking the talk. I wanted to be able to look operational staff in the eye and say that I’ve got it.
The current Commissioner seems to be near universally respected by the rank and file – which certainly has not always been the case for that role.
Completion times for the course are determined by an officer’s age and gender. The commissioner needed to get round the course in 3 minutes and 26 seconds, so he was 30 seconds under par.
To earn the star-performer gold card, he also needed to successfully scale the 1.8-metre-high wall.
“Anyone over 50 just has to tap it [the wall] … To get the gold card, you have to go over the top,” Mr Marshall said.
The wall was the most gruelling of the 10 challenges in the test, he said – especially with staff watching his performance.
The other tests were:
- Pushing a car trailer 10 metres
- Carrying a car wheel assembly 10 metres
- Running 200 metres
- Walking a five-metre right-angle beam, a metre off the ground
- Jumping a 1.8-metre long jump
- Running around cones and under and over hurdles for 30 metres
- Climbing through a one-metre-high window
- Climbing over a solid 1.8-metre-high wall
- Dragging a body 7.5 metres
- Climbing a 2.2-metre-high wire fence
Not sure I’d want to try that!Tags: Peter Marshall, Police
Leighton Keith at Stuff reports:
Wheel clamper Daniel Clout claims police are making it impossible for him to do his job and he has complained to their watchdog.
His complaint to the Independent Police Conduct Authority (IPCA) includes transcripts from extraordinary video footage of clashes with motorists, police and a discussion with area commander Inspector Blair Telford.
Can the IPCA issue letters of commendation to the police officers complained about?
The police stance that his work was unauthorised was publicised late last year and he says he has been subjected to an increasing number of attacks from members of the public since then.
He claims police had been undermining his authority by telling people he was acting unlawfully, didn’t hold the required licence to do the job and that they could cut his clamps off.
Excellent public information campaign.
Other footage, shown by Mr Clout to the Taranaki Daily News, appears to show police were present when a man smashed his clamps with a wheelbrace.
That’s appalling. The man may have injured himself. The Police officers should have helped with the smashing.Tags: Daniel Clout, IPCA, Police, wheel clamping
The Press editorial:
The year is coming to a bad conclusion with no fewer than five serious attacks on police officers. In the most serious incident, in Northland, an officer was beaten unconscious and kicked and pummelled as he lay on the ground. One of his assailants attempted to use his Taser stun gun on him but could not get it to work. A witness later told the police that she feared the officer would be killed. In another incident, in Huntly, an officer was king-hit by a man from a drunken mob as the officer attempted to make an arrest after a boy-racer complaint. In a third incident, a young woman officer attending a family violence complaint had her ankle broken so badly it required surgery.
After such a spate of incidents it is understandable that the frontline officers’ union should call for all officers to carry guns. It is understandable but it is also faulty.
It goes without saying that assaults on police officers are deplorable and everything possible should be done that might deter them. But to allow officers routinely to carry weapons would be to cross the Rubicon in law enforcement in New Zealand. It would subtly but fundamentally alter the relationship between the police and the public with insufficient gain in safety to both to justify it.
I agree that we should resist the general arming of the Police. I think having firearms available in all vehicles is sadly necessary and should be done. But I don’t think the case has been made for the general arming of all Police.
However it is fair to say, that such a day may come in the future. If the level of violence against Police officers increases, there will be a point at which a change in policy may have to be considered.Tags: Police
Just come across the Police FAQs on their website. There’s over 100 of them, and are quite useful. Definitely worth looking at if you have an issue which might involve them.
Some of the more interesting or amusing questions are:
- Can I import a sword/bayonet/knuckle duster/knife/ammunition into New Zealand?
- I will be travelling to New Zealand with bows and arrows. Do these need to be declared as firearms?
- My ex has taken things from our place that didn’t belong to them. What can I do?
- Can I work in forensics during the holidays to get work experience?
Later in this post, I’ll come to how the NZ law enforcement agencies have behaved, but initially I want to cover Dotcom himself. While I admire his intelligence, technical, gaming and PR skills, I’m not quite in the category that he is a poor little innocent victim.
First of all, it is worth recalling he does have a less than clean record to date, before Megaupload. Specifically:
- hacking, including selling access codes
- arrested trafficking in stolen phone calling card numbers
- convicted of 11 counts of computer fraud and 10 counts of data espionage
- accepting gang-related stolen goods
- guilty of insider trading in Germany’s then largest ever case of its type
- guilty of embezzlement
The pattern is someone who is very focused on making money, and pushes the rules, sometimes breaking them.
There is also a reasonable amount of evidence he is a bit of a fantasist, as detailed here. No that’s fine – we all want to be James Bond to some degree, but it is perhaps a reason not to regard everything he says as the holy gospel.
We then have Megaupload. This case is essentially about copyright infringement. I think most people know I was a prominent campaigner against the original S92A and the blackout campaign as it would have seen people lose Internet access upon accusation.
I’ve generally been against most of the demands of the music and film industries with NZ copyright law, and am involved in the fair deal campaign to support NZ standing firm in the TPP negotiations against any provisions which would require a change to our domestic intellectual property laws.
I’m also very firmly in the camp that Internet sites should not be held responsible for the actions of their users, so long as they comply with the law.
However on the basis of evidence seen to date, I don’t quite buy the argument that Megaupload was merely a file-sharing service the same as YouTube or Rapidshare. Their business model is one that arguably encouraged peoplee to not just share popular infringing material, but to make money from it – as did Megauplaod. Quite different to non-commercial torrent sharing.
It is claimed for example that one user, VW, uploaded 17,000 files over six years resulting in 334 million views, and none of the files had ever been deleted, despite takedown notices. My understanding is that links to files were deleted, but not files.
In my personal opinion, Dotcom built a business absolutely based on making money from people sharing popular files, that they did not have copyright of. There is a reason it become 4% of all Internet traffic.
However there is a big *If*. He may have done it legally. While one can debate the ethics of certain actions, it is the law which states enforce. He may have managed to set up his business model in such a way that he made tens of millions from the site, and didn’t break US laws. Ultimately this issue will be decided by Judges – initially in NZ on whether there is enough evidence of offences that would be illegal in both NZ and the US – and then if extradited in the US in a trial.
As with his previous actions, I think Dotcom set out to push the law to its boundary. He may have stepped over. He may not have. That is for the legal system to decide. But I don’t accept the analogy that Megaupload operated just like YouTube or Rapidshare, and that a guilty verdict for Dotcom would affect those other sites greatly.
We then come to the NZ side of things. The exact details of the GCSB role should be made public soon, and will be fascinating. Graeme Edgeler has an excellent post on this issue. He raises the issue of should the GCSB have been involved at all, even of Dotcom did not have residency.
The overall impression I have of NZ law enforcement agencies is they were desperately keen to impress the boys from the US. To have the FBI and likes over here saying this guy is wanted for hundreds of millions of dollars of charges, and this case will be globally massive seemed to have got people into a mindset that we have to make sure we don’t disappoint Uncle Sam by just sending in Constable Smith to interview Dotcom.
Caution seems to have been thrown to the wind, in an attempt to impress that we are up to the job. Ironically the opposite has happened, and NZ authorities have ended up with egg on their face several times. Nowhere it seems were senior officials saying “Hey, let’s slow down and make sure everything is watertight and double checked”. The list of mistakes include:
- An arguably over the top use of Police resources in the original raid. Armed Police were warranted as Dotcom did have weapons and did not initially surrender, but not sure quite that much force was needed.
- A paperwork error saw his property seized without giving proper notice
- Invalid search warrants for the raid
- The probable unlawful interception of communications by the GCSB
NZ authorities absolutely have an obligation to assist the US with legal extradition efforts. I am not one of those saying we should not have co-operated. If someone broke the law in NZ, and lived in the US, we value the fact that extradition treaties allow them to be sent to NZ.
Whether or not Dotcom broke US law is a matter for Judges. It is unknown at this stage if any significant evidence will be inadmissible due to mistakes made by NZ authorities. Time will tell. And as I have said, I think Dotcom’s strategy was to push the boundary of the law as far as he could, and he may or may not have stepped outside it. Ultimately that is not a matter for us.
What is a matter for us, is the response from NZ law enforcement agencies. I doubt I am alone is concluding the culture was shall we say too overly enthusiastic, and not cautious enough. The end result has been considerable embarrassment for them, for the Government, and potentially a significant weakening of the case against Dotcom. Hopefully there will be lessons learnt.Tags: copyright, GCSB, Kim Dotcom, Megaupload, Police
Below is the file on the Banks investigation, released by the Police under the OIA. What is interesting is that the donations appear to be a thank you for Banks previous offer to advocate residency on behalf of Dotcom.
The highlight is the statement by Kim Dotcom that when Banks met his wife Mona, Banks said “Your wife is the most beautiful women I have ever seen”. Dotcom comments that he was surprised by this comment. Not because his wife isn’t beautiful, but because Mrs Banks was present!John Banks, Kim Dotcom, Local Electoral Act, OIA, Police
A Christchurch couple used a GPS iPhone app to track burglars who had just fled from their home.
The software led the couple to two Gloucester St flats where the burglars were held up. They called police, but were told officers could not enter as they did not have a search warrant.
The thieves later made off and the stolen items have not yet been recovered.
Couldn’t the Police have had someone stay by the House, while a warrant was obtained?
Using Yeng’s iPhone the GPS showed Liu’s iPhone was moving from Matipo St towards Riccarton Rd.
Liu called the police and explained they were tracking the offenders.
Yeng got in his car and followed the vehicle to a Gloucester St property and waited.
When the police arrived at the couple’s Matipo St home Liu said she was told they could not inspect the Gloucester St property without a search warrant, which could take days to obtain.
It could, but it also could take an hour or so.
She felt search warrant legislation was “too strict” and offered protection to the “bad guys”.
Inspector Alan Weston said police currently needed a search warrant to enter a property.
However, a new Search and Surveillance Act, which was to come into effect shortly, would make searching a property “a lot more simple”, he said.
The act will enable an officer to enter a place or vehicle without warrant to search for and arrest a person if the constable has “reasonable grounds”.
Good to hear of the law change, but I still feel they could have acted pretty promptly under current law.Tags: GPS, Police