Sunday, September 11, 2022

                      Crown Law cheats to avoid being liable in a Civil claim against itself.



             Crown Law overturned criminal conviction that exposed it to legal liability (msn.com)


In a brilliant strategic strategy to bring a strong case against the Crown in a civil procedure for damages, the Crown with cold, deliberate intention avoided Justice using the Law supported by the Courts, Ministry of Social Development and Corrections.

A perpetrator (P) was convicted of various assaults against a young person in state care we'll call Carl. He is likely to also have been a victim that acted out the abuse upon himself by others. P was sentenced to 4.5 years for the crimes and voluntarily entered a sex offender's programme at Rolleston Prison where from the public record we know that entry to that programme required admissions of guilt as a pre-requisite of treatment. Meanwhile, Carl's lawyer Sonja Cooper filed or had filed a case for damages against the Crown for the circumstances of the offense against a person in its care - a very reasonable situation in all the circumstances but potentially leading to a flood gate bursting were 100s or even 1000s of people molested while in the care of the Crown could be justifiably paid damages.

We already know that the Crown had adopted a strategy some 3 decades ago of offering such plaintiffs or potential plaintiffs against itself meagre sums of money to essentially go away. Many of those individuals did go away either bewildered by the process or perhaps without appreciation that the damages were a pittance. However, some did not and remained fighters for the truth and correct compensation for the misery they suffered at the hands of what is identified as a fair and just Governmental entity, the top of the tree for the fair application of the Law, The Bill of Rights Act along with all fundamental protections for the public of New Zealand.

Reading the link will avail the reader of the depth to which Crown Law emerges itself in self-protection by manipulation of the Law. It hid evidence against itself by claiming hiding P's files of admissions as to his offending was in fact to protect the integrity of its Kia Marama programme for sexual offenders something accepted by the Court. Many readers will in fact feel that the cold and deliberate covering up of offending actually fatally affected the integrity of the programme. They will see that the entity charged with our care, observance of the Law, and Rights under the Law is happy to see those rights wiped from its page in circumstances where it is found out.

We will see how brave the Royal Commission into state care is in its final reports and if it will call the Crown out on this Miscarriage of Justice which is plainly evident. Those Commissioners have the whole interests of all New Zealanders in their hands that there is a Law for all of us that should never be misused as it clearly has in Carl's case with first, the sexual offense and violence against him, followed by an attack on his right to have his case fairly heard in the Courts. 

The Crown is already seen to have been discriminatory in avoiding costs against itself in many 100s of cases it settled. But this net goes far wider into other Miscarriages of Justice where the Crown allows itself to hide evidence. Reg Haig before his death had sought from the Solicitor General answers to whether or not the Crown had details of something near 20 alleged confessions of murdering a man that he would go on to say that Rex had killed. There are suggestions of similar confessions by witnesses in the case against Gail Maney for a crime she could not have been involved in. But the confessions remain hidden probably on the basis that to release the information would mean that the Crown would not maintain the confidence of those that had committed crimes and were prepared to blame others. 

The Scott Watson case is soon to return to the NZ Courts where much important evidence will be heard showing Scott's innocence. However other evidence clearly showing his innocence is likely to remain hidden in the meanwhile, evidence which could eventually point to the real perpetrators in that case.

Meanwhile, to Carl and his Lawyer Sonja Cooper, I say all strength to you for taking the sword to the dragon symbolic in its role of "protecting" we citizens.

Footnote The Watson defence files hold much information that possibly could lead to the real offenders and what they may choose to do with that is unknown.

 

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