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  • First Attempted Call Over Avoided by Standing For Right To Orally Examine at Committal Hearing

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    Simon Kaiwai
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    A concerted effort was made to block Simon Kaiwai's right to orally examine the police and witnesses including doctored documents and undue process of law. This required Simon to stand for his right which he did. In the process Judge Harvey ordered him taken into custody which a New Zealand Police officer did with unwarranted force. After some hours in a cell Simon was brought out and Judge Harvey admitted the mistake. This was later overturned by Judge Lindsay Moore despite no appeal being made.

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    First attempted call over avoided by standing for right to orally examine at committal hearing

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    A concerted effort was made to block Simon Kaiwai's right to orally examine the police and witnesses including doctored documents and undue process of law. This required Simon to stand for his right which he did. In the process Judge Harvey ordered him taken into custody which a New Zealand Police officer did with unwarranted force. After some hours in a cell Simon was brought out and Judge Harvey admitted the mistake. This was later overturned by Judge Lindsay Moore despite no appeal being made.

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    Attribution Non-Commercial (BY-NC)
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    4 views2 pages

    First Attempted Call Over Avoided by Standing For Right To Orally Examine at Committal Hearing

    Uploaded by

    Simon Kaiwai
    A concerted effort was made to block Simon Kaiwai's right to orally examine the police and witnesses including doctored documents and undue process of law. This required Simon to stand for his right which he did. In the process Judge Harvey ordered him taken into custody which a New Zealand Police officer did with unwarranted force. After some hours in a cell Simon was brought out and Judge Harvey admitted the mistake. This was later overturned by Judge Lindsay Moore despite no appeal being made.

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    of 2

    Memorandum informing that the defendant has not had committal hearing and is not committed for trial.

    MAY IT PLEASE YOUR HONOUR: the defendant does not consent to proceeding as it appears that insufficient evidence has been produced to commit the defendant for trial. In the absence of a committal hearing which includes oral examination of persons as previously requested on time and in the proper form by the defendant I claim the right to be recognised as discharged of this and all related matters. For your information: a) Names of witnesses previously requested to be orally examined. 1/ David Reynolds employee of NZ Police being the informant 2/ H.J.Nicol employee of NZ Police having provided written statements 3/ Ashley John Haughton employee of Top Energy having provided a written statement 4/ Terrence John Price, employee of Top Energy having provided a written statement 5/ Susan Kaiwai having provided a written statement 6/ Fenella Probert having provided a written statement 7/ Keith Tempest: CEO, Trustpower having had direct correspondence with the defendant leading up to the incident. 8/ Joe Cooper employee of NZ Police. 9/ Mike Travis employee of Top Energy 10/ Russell Shaw employee of Top Energy The defendant does not consent to the reading of prosecution witness statements viva voce and understands that mutual consent for such is required as per Evidence Act 2006 83(1)b. b) Disclosure: (1) (2) NZ Police have not provided full disclosure as requested including but not limited to: Job notes of Joe Cooper (Police) on attending 520 Honeymoon Valley Kataia All recordings of defendant while help in the Kaitaia Police station As the defendant has not had a committal hearing there has been not been the requirement to disclose evidence in defence as per Summary Proceedings Act 1957 184a (2). This may include hearsay evidence. I have also been informed by a district court judge in session that no evidence in defense will be excluded as long as it is relevant. I have acted in reliance to this advice / judgement.

    c) Pre-trial issues (1) Judicial review pending in the High Court of Whangerei - Relates to definition of balance of probabilities - May result in acquittal of defendant (2) Defendant not committed for trial through committal hearing.

    d) Claim for compensation standing See attached. Signed:

    By:

    agent

    Simon-eru:Kaiwai Without prejudice. To: the registrar, District Court, Kaikohe And to: M B Smith, Crown solicitor

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