Tag Archives: dismissed

A court case for alleged assault is dismissed by the judge yet incurs a cost of $22K+ to the victim – a very clear message here regarding any opposition to 1080

Graeme Sturgeon, a man who was assaulted, then himself charged with assault, and the case subsequently dismissed, is now faced with costs of $22K.  For more background on the story go to this link. EnvirowatchRangitikei

STATE CORRUPTION – WHAT WOULD YOU DO IN GRAEME’S PLACE ?

MEMORANDUM IN RESPECT OF GRAEME STURGEON AND REMEDIES AGAINST DOC FOR ASSAULT ON 17 OCTOBER 2017 – WHITIANGA, COROMANDEL

By Carol Sawyer

Here attached is the legal advice Graeme Sturgeon received today from his barrister Greg Bradford about ways forward. I have both Graeme and his barrister Greg Bradford’s permission ( via Graeme ) to make this public.

It’s longish but I urge you to read it. It has huge ramifications for any dealings we have with the courts with regard to fighting 1080.

Graeme is contemplating his options.

This is an extremely interesting memorandum ! It is impressively honest, and very sobering.

Please note Option 2 in particular. Here is an excerpt from Option 2 – “Par for course in this situation DOC, armed with lots of resources, would try and “burn you off” by taking every procedural step available, appeal every procedural step if possible and protract the proceedings so that you cannot bear the costs of continuing the same.”

So… Graeme Sturgeon gets assaulted by a DoC security guard in a completely unprovoked attack. His legal bill, for two court hearings and a two-day trial is $22,338.75 up to this point.

One hundred of us, exactly, have put $10,100 towards this cost, ( $9150 via the Givealittle campaign, and $950 privately ).

The government has ROBBED US ALL !

Graeme has been assaulted, and then robbed of a large amount of money – by our government’s actions.

The judge dismissed the case, but Graeme and his wife Julie went through what they say is ” the worst three months” of their lives, and have a massive legal bill to show for it. Bear in mind NO COSTS WERE AWARDED !

It should also be remembered that without the security footage showing what happened, Graeme would more than likely have been convicted. DoC were legally obliged to supply that footage within 21 days. It took them three months to do so. Until virtually the last minute before the two day trial they would only supply six seconds of the 15 minute footage, showing Graeme flailing his arms at the security guard ( but not connecting ), in an attempt to show Graeme was attacking guard Lane.

This delay in getting much needed evidence on Graeme and his lawyer’s part added hugely to the financial burden.

READ THE MEMORANDUM:

1.Graeme Sturgeons lawyers memo

2. Graeme Sturgeons lawyers memo

3.Graeme Sturgeons lawyers memo

Photos :

1.Graeme after the assault, when he had been hauled from his vehicle by security guard, Richard Lane, in an unprovoked attack, in a public carpark, with no signs saying ” Keep Out’ and in total darkness.
2.The Memorandum from barrister Greg Bradford

Further insights from an observer on the Sturgeon trial in Whitianga

FROM AN OBSERVER AT THE TRIAL:

WAYNE WILLIAMS WAS AT THE COURT IN THAMES FOR THE WHOLE TRIAL – THIS IS HIS VERSION OF THE PROCEEDINGS

“Right from the opening statements the prosecution was painting a picture of Graeme Sturgeon as a real hell-raising rebel. Twisting facts, pressuring for mistakes. It’s pretty obvious in the security video if you look at the continuation of ( security guard ) Richard Lane’s movements. After wrenching the door open he lunged inside, punching Graeme at this stage. Completely disorientating him.

Now Lane commented here that he thought Graeme was reaching for a weapon. A convenient statement to justify his illegal entry. At no time did he stop and/or say anything to alert Graeme. This was a cowardly ambush. Even the judge repeatedly picked up on this heinous omission.

Why were better options not taken ? His reaction was “Basically I assumed he ( Graeme ) was trying to arm himself”. The fact that Lane was unlicensed at this point was factored in, but not emphasised enough as to have a big bearing on it Just noted. The truck driver who was within a few metres distance repeatedly claimed that he could see Graeme punching Lane and kicking him in the stomach. But this was proven to be inaccurate because of very limited light and because Lane was actually obscuring his viewpoint. This witness repeatedly fumbled replies, trying to stick to the rehearsed fabrication. He even made the statement that he was afraid Graeme was going to actually drive into his truck. Panicky at this point, he was. But yet he was still considered a credible witness later in the judge’s summing up.

Next up Graeme Sturgeon took the stand. He was very firm in his recollection of events up to being assaulted by Lane. Then understandably shaken up. He denied kicking Lane. And the video does clearly show him swinging punches in defense. I only saw one actually connect with Lanes head. A glance. We watched this video probably 20 times, and at slow speeds as well.

Lane claimed he had a sore jaw for a month, and a sore stomach for a couple of days. Now at no time was any first aid offered to Graeme.

Lane was on a mission, also harassing Dr. Wendy Pond and Diana Halstead. Lane also claimed there were half a dozen protestors with placards out the front so he was expecting trouble. This was another wildly inaccurate statement used to justify his actions. In fact there were onlythree people and it was not obvious that they were protestors. They had no placards.

So that was the the end of Day One and the subsequent unprofessionalism of the reporter there meant Graeme Sturgeon got a roasting in the news report – trial and conviction by media. Before the verdict. We just want fair representation from media. That’s not too much to ask.

Onto day two. Little big Wendy. First up. Very well spoken. Knowledgeable. Accurate. And she wouldn’t let the prosecution rattle her, actually calling the officer ridiculous.

And our next witness Diana Halstead also spoke very well. She stuck to her points even when the prosecutor repeatedly tried to twist her version of events and timing of headlights etc. Her reason for being there was being with Graeme. She was shocked by Lane’s thuggery. And then she told of the police officer who attended – and getting a very mediocre response. He spoke to DoC staff first and did not even check Graeme’s injuries. He was just there to basically take down time sequence events, and to organize statements at a later date, as the security detail had disappeared with the 1080 poison-loaded trucks by this time.

So overall it was a complete fabrication to try and make the case. But I don’t think this was a clear cut result, as it could easily have gone the other way. So those three seconds of door opening ( Graeme Sturgeon’s vehicle ) which were hidden from view were critical to the point that the judge was quite correct in summing up. There is no evidence that either threw the first punch and Graeme undoubtedly was acting in self defense against an extremely savage attack from Lane. Case dismissed. Victory for us.”

Photo – Graeme Sturgeon after being punched by Richard Lane

Image may contain: one or more people and closeup
Header Photo: Outside the Whitianga Courthouse, TV Wild screen shot

Clyde Graf interviews Graeme Sturgeon on the assault case the Court dismissed

Clyde Graf is with Carol Sawyer and Kathy White.

 

The Crown vs Graeme Sturgeon – 1080 Poison Assault – “Charges Dismissed” … here’s the post-decision video interview …


THE WORST THREE MONTHS GRAEME AND JULIE STURGEON HAVE EVER EXPERIENCED

So very, very wrong what these good people were put through.

Graeme Sturgeon is interviewed here by Clyde and Steve Graf. Frankly speaking, I feel privileged to know such amazing people.

Yet despite what Graeme and Julie have been through, as Graeme says here they will not give up the fight to save their water and wildlife.

Other heroes to me are hardworking and generous-spirited John and Denise Allen, who organised a campsite on the outskirts of Thames and set up to cater for however many people turned up – up to 300 people if necessary.

Fighting 1080 poison is fighting the NZ government. There is no environmental battle harder than that.

So much of the time it feels impossible, futile – insane even – to be trying to stop this taxpayer-funded, propagandised industry, where helicopter companies like EPRO and HeliOtago make many tens of millions every year; where senior management in DoC and OSPRI are on salaries they could never hope to replicate, even closely, in the private sector; where trucking firms like those owned by Trojan Holdings ( Northern Southland Transport, Upper Clutha Transport, Cromwell Transport ), transport all the 1080 required in the lower South Island all the way from Whanganui in the North Island to points south; where the factory that manufactures all the 1080 baits in NZ, Animal Control Products, ( trading as Orillion ), in Whanganui,, has two nominal directors – the Minister of Finance and the Minister of Agriculture – and has a chairman, Terry Murdoch, who is an owner of Christchurch Helicopters Ltd – which company has a contract with DoC re orange-fronted parakeet translocation and has Dept of Conservation written on their helicopters ! Oh, and let us not forget one of the owners of Christchurch Helicopters is national All Black hero Richie McCaw…. Carol Sawyer

Photo: screen shot from TV Wild’s interview

For previous articles about the assault on Graeme Sturgeon go to this link or go to 1080 at categories at the left of news page.