Equal before the law?

Police will not lay charges over the so-called banks.com saga. Assistant Police Commissioner Malcolm Burgess held a press conference this afternoon at Police National Headquarters in Wellington. Minister John Banks would be issued with a warning over the matter, Burgess said. While he only received a warning, Banks’ actions were illegal and future occurrences were likely to be prosecuted.

Above the law

Ha ha ha! Wasn’t it funny when Judith Collins brandished a TASER at the National Party conference and said she wanted to use it on Trevor Mallard. I guess it’s alright for me to whip out an airgun or a knife next time I’m at the pub. You know,  as a joke. Oh? It’s only OK when Ministers are using to further their phony tough guy brand? Must have missed that section of the Arms Act.

Denialists set to make monkeys of themselves

Could we be about to have our very own Scopes trial? In that famous Tennessee Court Case, the State prosecuted a teacher for teaching evolution. He walked free and it was a decisive moment in mainstreaming evolution and making the creationists the crackpots. Now, the climate change deniers are suing NIWA and their loss will be a dagger through the heart of denialism.

Key’s comments a blank cheque for investors

Now, I’m no big city lawyer, but it seems to me that John Key may be walking on some mighty thin ice by telling prospective investors in Mighty River not to worry about the Maori Council’s water claim. If it goes wrong, isn’t he exposing himself (actually, us taxpayers) to some major law suits and very expensive damages payouts?

Justice denied for Dotcom

Shades of the Urewera shambles as Dotcom’s extradition drags out. It’ll be a year between the raid and his day in court. Meanwhile, they’re using extra-judicial punishment: bankrupting him by freezing his assets while his legal bills stack up. Going to end in Dotcom not being extradited because the evidence against him was gathered illegally. Then, he’s going to sue the Crown for millions.

Banks case to Police lawyers

The Police have concluded their investigation into John Banks’  donations to his 2010 mayoral campaign.  The Police legal section will now decide whether or not to prosecute. There are two tests; the evidential test and the public interest test. There is no question that if the evidence is sufficient, prosecution is in the public interest. It comes down to credibility – best decided in court.

The smell of corruption

The Jackal raised the issue of corruption in relation to John Banks in a comment here and has written more about it on his blog. It appears on the evidence of DotCom’s lieutenant that  when he was a Member of Parliament Banks was offering to accept a financial consideration in respect of any act to be done by him in his capacity as a member of Parliament. This makes Philip Field look like a Good Samaritan. Banks has to go.

The zero growth agenda

I chuckled to read Fran O’Shillivan on Sunday: “John Key has made a strategic decision to burn some political capital and front-foot major Government decisions” – yeah, all those major decisions: $1m for contraception, ‘tackling cyber-bullying’, a petty pokies for convention centre deal, even their centrepiece policy – asset sales – won’t benefit the economy a jot.

Easter trading

It’s the annual Easter ritual – a slap on the wrist for the many shops caught flouting the trading law.

Resignation-watch: Suit cash a confidence vote on Collins

Cabinet today will decide whether the Crown will pick up the tab for Judith Collins’ defamation suits. The suit against RNZ, whose offence was to do live interviews, is particularly egregious and calculated to chill media comment. It will be unprecedented for the public to pay for a minister to take defamation suits. But we will. Anything less will be a vote of no confidence in Collins by her colleagues.

Not with a bang but a whimper

So, from a 300 police raid and headlines screaming ‘Police foil paramilitary plot’ to, 5 years later, 4 people convicted of half a dozen firearms possession charges each. I’ll admit, the SIS and Police carved a compelling narrative from their video footage but the evidence just wasn’t there and clearly the jury, like the public, just don’t trust the SIS given its track record.

Trial? Why would you bother with that?

No-one wants to see people who are likely to hurt people released on bail. That’s why successive governments have tightened bail rules. Now Sensible [sic] Sentencing wants every charged with a crime bearing 2 or more years locked up without bail. Not the first organisation with those initials to favour guilt upon accusation and punishment without trial. Michael Bott takes up the story.

Disconnect in Urewera case

If the evidence against the Urewera 4 is so strong and what they were planning to do so serious, how come they’ve only been charged with a handful of minor offences? And how come the others had the charges dropped? Where are the treason and conspiracy charges? After 4 years of delays, lies, secrecy, and official fuck-ups, do we trust the cops’ evidence?

Armed police storm Key mansion

Armed Police assisted by the Eagle helicopter, the counter-terrorism unit, customs officials, and the police launch towed on its trailer have raided Prime Minister John Key’s Parnell mansion, executing warrants relating to the illegal ‘DJ Key’ election ad. Simultaneously, a joint Police-SAS taskforce has stormed RadioLive, deploying teargas and tasering all present.

Dotcom

There’s a few interesting threads to the Kim Dotcom saga. Should merely providing a tool that can be used for piracy be a crime? Did the alleged offences justify a 70-strong armed police raid or was this more heavy-handed showing off by the cops? And, if Dotcom really is such a bad guy, why did National let him come to live in New Zealand in the first place?

What a riot.

A quick post on sentences handed down in the wake of riots in England.

A police recruitment freeze?

Phil Goff broke news of the Nat’s plan to freeze police recruitment but keep it quiet until after the election.

That policy’s at odds with some fundamental Nat claims.

Update: A freeze on replacement cops would see hundreds fewer on the job after just one year.

Wasting Police time

Anyone noticed the sudden overbearing presence of Police at peaceful protests? Bugging Greenpeace and intimidating lawful activists. 25 Police at a 150-strong anti-deepsea drilling protest in Tauranga. 12 officers at a 60 worker picket at CMP Rangitikei. Are they just hyper because of the Cup or is it about shielding businesses from people exercising their democratic right to protest?

Let the courts decide

The threat of invoking defamation is a standard tactic to intimidate those who can’t afford the legals bills to shut their mouths. Such […]

A PM but not a leader

In the last few days Key has refused to accept responsibility for NZ’s credit downgrades, stated that he is “not concerned in the slightest” about his possible breach of electoral law, and used an unfortunate incident in Parliament to launch an ugly attack on Labour.  John Key is no leader.

Nats’ retrospective surveillance backdown

The Nats most recent attack on democracy – the Video Camera Surveillance (Temporary Measures) Bill –  was outrageous in many ways.  It was almost universally condemned, and now Labour has secured significant concessions.

Key broke law on radio show

Prime Minister Moonbeam clearly broke the law on Friday on the radio show he chose to run instead of dealing with the downgrade crisis. The law is clear: Key wasn’t allowed to make political statements. He did. He made a promise on broadcasting policy and gave the Nats’ first cut spin-line on the downgrade.

Ecocide Mock Trial

The crime of ecocide will be tested, as if it is already law, by barristers before a judge and jury, at the UK Supreme Court in London.

Covert surveillance should not be allowed retrospectively

mickysavage at Waitakere News blog  has an analysis of the legal and unconstitutional implications of the Nationals dubious plan to override the courts with poor kneejerk legislation. It is rather disturbing as the action appears to have more to do with electioneering than actual legal need.

ACT, the continuing implosion

On Sunday, Don Brash decided to muse on decriminalising cannabis. It’s not ACT policy, we’re meant to understand, it’s just the Party Leader making a speech and saying ‘this would be a good idea’. In classic Brash style, he hadn’t told John Banks, who gave Brash a public smacking on the idea. Now the question is: why would the people of Epsom vote for these two?

Banks’ Epsom chances up in smoke?

Decriminalising marijuana just makes sense. 400,000 people are regular users. Prohibition costs half a billion a year, is ineffective, and fuels the gangs. So good on Brash for raising the issue. It’s totally consistent with ACT’s values. Problem is, John Banks and Don Nicolson don’t share those values. Gonna be fun to watch Banks on this issue in Epsom.

Why’s Boscawen really quitting?

Out of the blue, John Boscawen has announced he is withdrawing from ACT’s list. It’s an odd departure from an odd man. ‘Family reasons’ is the line. Not exactly creative. Is the real reason National’s ‘fixit’ Bill? Boscawen is a true believer in ACT’s libertarian principles and doesn’t do compromise. Was being asked to sign a retrospective blank cheque the final straw?

‘Fixit’ law worse than expected

Labour looks almost certain to oppose the Nats’ ‘fixit’ bill. The draft goes far further than previously thought. It doesn’t just try to suspend the effect of a specific Supreme Court decision in a violation of the separation of powers, it gives Police the power to spy on you without a warrant. Chris Finlayson should resign for even proposing such a heinous law.