Hard News by Russell Brown

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Hard News: About Arie

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  • Sacha,

    Arie withdraws guilty plea, seeks diversion.

    The sentencing was meant to be held at a Christchurch District Court sitting in the Rangiora Court House today but instead leave was granted for his guilty pleas to be withdrawn and diversion to be considered.

    Defence counsel Jonathan Eaton said he had been told the police would not consider diversion – which allows first offenders to avoid having a conviction – for earthquake-related offending, but he suggested the case may also be considered for a discharge without conviction since Smith-Voorkamp had already spent time in prison.

    Ak • Since May 2008 • 19745 posts Report Reply

  • Martin Lindberg,

    Christchurch police told the Christchurch District Court today they had referred the matter to New Zealand's police headquarters who had told local officers to refuse the option of diversion.

    Sigh

    Stockholm • Since Jul 2009 • 802 posts Report Reply

  • Russell Brown, in reply to Martin Lindberg,

    And this despite a very strong steer from the judge to have another bleedin' think about their attitude and reconsider diversion. This is turning into something like a vendetta.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • merc,

    Failure on every level, not the least human compassion. Go the arresting officers, you know what you did.

    Since Dec 2006 • 2471 posts Report Reply

  • Jackie Clark, in reply to Russell Brown,

    I am never one to bash the Police. I think they do a fantastic job most of the time, but it seems that occasionally they get the blinkers on and can't bear to be wrong. For this boy's sake, I hope someone steps in and stops this nonsense. It must be really distressing for him, and for his family.

    Mt Eden, Auckland • Since Nov 2006 • 3136 posts Report Reply

  • Ross Mason,

    From Herald

    Christchurch police subsequently referred the matter to New Zealand's police headquarters who told local officers to refuse the option of diversion.

    Can someone find out how high up that decision came from?

    Upper Hutt • Since Jun 2007 • 1590 posts Report Reply

  • Russell Brown,

    From the Herald story, quoting Arie's lawyer:

    The building owners were astonished and extremely concerned that someone had been prosecuted for the burglary, he said.

    Understandably so: the building was a shop damaged and abandoned after the September quake, months before. It was going to be demolished, for goodness sake.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • merc, in reply to Russell Brown,

    And as I understand it Arie had a habit of collecting these fittings and did not on-sell them.

    Since Dec 2006 • 2471 posts Report Reply

  • Sacha,

    I look forward to the Human Rights Commission taking a strong interest in this thuggish victimisation. Maybe Rosslyn Noonan can bang some childish plod noggins together before vacating her current role in September.

    Ak • Since May 2008 • 19745 posts Report Reply

  • recordari, in reply to Russell Brown,

    Understandably so: the building was a shop damaged and abandoned after the September quake, months before. It was going to be demolished, for goodness sake.

    So basically the only 'crime' was withholding salvageable material from the demolition contractors. Unbelievable.

    AUCKLAND • Since Dec 2009 • 2607 posts Report Reply

  • Matthew Poole, in reply to Ross Mason,

    Can someone find out how high up that decision came from?

    I'd guess the national director of prosecutions, or whatever the role is called. Doubt it went any higher than that, if only because that's the decision that came back down. It's clearly one made with no cognisance of the political elements of the case.

    Auckland • Since Mar 2007 • 4097 posts Report Reply

  • Russell Brown, in reply to Matthew Poole,

    It’s clearly one made with no cognisance of the political elements of the case.

    I beg to differ. It seems to be all about a certain sort of politics.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • Hilary Stace,

    There's a Justice for Arie Smith Facebook Group. Also been a suggestion that we bombard Police National HQ with lightbulbs and remind them that it was an aspie who invented them. Michael Laws has written another of his sub-human diatribes.

    Wgtn • Since Jun 2008 • 3229 posts Report Reply

  • Joe Wylie, in reply to recordari,

    So basically the only 'crime' was withholding salvageable material from the demolition contractors.

    Hardcore offending. Not like this inconsequential fluff.

    flat earth • Since Jan 2007 • 4593 posts Report Reply

  • Islander,

    Fuckin'hell - note the expected responses logged...

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report Reply

  • Russell Brown,

    The Herald's story has been updated with a statement from the police, including this:

    But Inspector Erasmus said tonight: "We have met with Mr Smith-Voorkamp and his lawyer twice and no complaint has been made.

    "Claims that Australian police or Army personnel were involved are also spurious - neither organisation was involved in the apprehension."

    Inspector Erasmus knows bloody well it is not claimed that "Australian police or Army personnel" were involved. The belief that they were had been a misunderstanding on Arie's part when he was spoken to in the first couple of days in custody.

    If Erasmus is trying to pull that, I can have little faith in the rest of his assurances. This stinks.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • Ross Mason,

    Its even better than that. Let's see.....now here was one sides story of the building owners from the Defence (as Russell pointed out earlier):

    The building owners were astonished and extremely concerned that someone had been prosecuted for the burglary, he said.

    and from the later article we have the Plice version:

    The owners of the property which was allegedly burgled were also happy with the way police had handled the case, he said.

    I think we now need to know what the building owners say don't you think? Hearsay can be a little difficult to interpret at times.

    Upper Hutt • Since Jun 2007 • 1590 posts Report Reply

  • Russell Brown,

    I know not everyone cares to be on the Facebook, so here's Luke Greally's latest summary of the case:
    --
    Latest Update: Today Arie Smith was yet again refused any hope of diversion in court today.

    Cornelius Arie Smith-Voorkamp, a fine young man who has Asperger’s Syndrome, was allegedly caught taking two light fittings from an abandoned earthquake damaged non-residential building in Lincoln Road.

    The owner’s, at first horrified that he was being prosecuted for this, were visited by Police and promptly had a change of heart in deciding "court is the best place to sort this matter out".

    Please note that Arie was not interested in the many other more valuable items available at the site - his interest was quite focused on a few light fittings and old light bulbs - items for which he always asks permission before taking, but could not on this occasion as the site was abandoned. A second spiteful police charge arises from him being in possession of the necessary tools “for the purposes of burglary”... i.e. a screw-driver and spanner to loosen the light fittings.

    Police have now incredibly ignored three separate judge’s urgings to consider diversion on four separate occasions – police interestingly chose to delay the latest court hearing for a while to sheet home to the Judge that the refusal was coming from ‘on high’ - directly by telephone from their National HQ to the judge, so ensuring the judge got the message that more was much much more at stake here than she was apparently seeing, with top brass and legal advisors fully informed and actively engaged, insistent on a very expensive and no doubt damaging trial.

    As you can imagine this must be quite hard on Arie, very especially given he is Autistic:
    Being beaten by two police
    Being imprisoned wrongfully for a week
    Being yelled at and vilely tormented by soldiers queued to do precisely that
    Hearing a Police Minister express her opinion that you should be locked up for a long-time “with a cellmate” (with the implication of being exposed to rape clear to all but the most naïve)
    Having been remanded 6 times in succession... still no sign of a trial date
    Having had expert forensic psychiatric evidence tossed aside by Police
    Having watched as the judge’s plain common-sense regarding diversion was repeatedly ignored - 4 times
    Having already racked up some pretty serious legal costs
    Whatever happened to justice ‘swift and sure’?

    A top expert forensic psychiatrist has advised that under no circumstances should any other plea be entertained than ‘not guilty’, so that plea has now been formally entered on both charges.

    On 28th July a pre-trial heaing will occur to discuss with the Judge where to go from here, but not to establish yet a trial date. There will be more torture before that day occurs.

    Commentary: The involvement of the Police’s highest ranking legal advisers and other top Police brass in making this bizarre pig-headed decision is not a result of any earthquake crisis or a tightening-up on diversion criteria as claimed. Police know that they need to carefully railroad the process through to full trial to avoid any hint of guilt over the obvious and serious physical assault committed against Arie by two police officers. Otherwise two officers careers might be on the line (one quite senior). Even if Arie’s lawyer was to re-open the matter of encouraging Arie to lay a formal complaint, Police would still be jeopardized by any relative leniency shown when compared to other actual looters. What’s more, the Police involved absolutely hate Aspies and despise any quarter being shown them.

    The seriousness of the case that the Police are claiming is NOT evidenced by these factors:
    The offence, if any, was outside the cordoned area and trivial.
    The offence, if any, was accompanied by Arie being forthright in stating his disability.
    The offence, if any, is denied by even the abandoned building’s owners.
    The seriousness of the case lies in the fact that:
    Police/Army cooperation issues and relations are potentially at serious risk
    Several police with more than 25 years service between them are at risk of dismissal
    Police fear that any softness on their part will be widely misinterpreted by too many very powerful individuals and interests during this, an election year.
    There is one further revelation to surface that will make this matter *much* more serious – and it is NOT that Arie has already received an apology for what he has been put through.
    On another matter, we are ALL heartily sick of seeing media refer to Arie as “mentally ill”, or “mentally disabled” or “retarded”. Virtually every device they are reliant upon to perform the work they do is dependant on people like Arie’s inventiveness.
    (c) 2011 Luke Greally (ASNZ)

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • Kracklite,

    I look forward to another sanctimonious blog on Beige Alert from Grant Robertson saying that he'd "like" an inquiry, but I suppose even that would constitute some sort of follow-up. One of that hypocrite's canvassers wasted my time the other day and I made it clear that if he thinks he can do without my vote and refuse to answer correspondence, then he will do without my vote.

    Goff did the same with Stevenson's revelations about Afganistan: it was "unacceptable" and there should be an inquiry. Nice headline, and then not a peep.

    I'm phuqynge sick of politicians exploiting scandals with such brazen insincerity. Yes, I know they're insincere, but do they have to be so damned obvious about it? Doing it so badly is simply an insult.

    I heartily agree with all of Luke Greally's points.

    I wouldn't even call this hyperbole:

    What’s more, the Police involved absolutely hate Aspies and despise any quarter being shown them.

    Considering the humiliation they've been shown by the release and exoneration of a man who was falsely imprisoning for years on rape charges because the thug in blue who investigated knew in his gut (where apparently he does most of his thinking) that he didn't look at him the right way, I'm not at all surprised.

    If Erasmus is trying to pull that, I can have little faith in the rest of his assurances. This stinks.

    Yeah, that's the carefully disingenuous presentation of a man who know's he's speaking bullshit.

    The Library of Babel • Since Nov 2007 • 982 posts Report Reply

  • Kracklite,

    Light bulbs? How about taking away their Glenn Gould recordings? That’ll really hurt.

    The Library of Babel • Since Nov 2007 • 982 posts Report Reply

  • Hilary Stace, in reply to Russell Brown,

    My understanding is that Luke is only about 11 or 12, so it's a pretty astute summary of the situation from a young person.

    Wgtn • Since Jun 2008 • 3229 posts Report Reply

  • Kyle Matthews,

    I look forward to another sanctimonious blog on Beige Alert from Grant Robertson saying that he’d “like” an inquiry, but I suppose even that would constitute some sort of follow-up. One of that hypocrite’s canvassers wasted my time the other day and I made it clear that if he thinks he can do without my vote and refuse to answer correspondence, then he will do without my vote.

    Goff did the same with Stevenson’s revelations about Afganistan: it was “unacceptable” and there should be an inquiry. Nice headline, and then not a peep.

    Sorry, what were they supposed to do? Start an inquiry at Labour Party HQ?

    Since Nov 2006 • 6243 posts Report Reply

  • Russell Brown, in reply to Kyle Matthews,

    Sorry, what were they supposed to do? Start an inquiry at Labour Party HQ?

    Well, quite. Goff's response to the SAS stories was more substantial than I had expected, and certainly nothing like the despicable denial character assasination that came from John key.

    I can't really see any equivalence at all.

    Auckland • Since Nov 2006 • 22850 posts Report Reply

  • Hilary Stace,

    Sunday on TV1 7.30 is featuring the 'Arie' case.

    Wgtn • Since Jun 2008 • 3229 posts Report Reply

  • Craig Ranapia,

    After watching that story on Sunday, I have one question: Can the Christchurch Police be charged with wasting their own time?

    North Shore, Auckland • Since Nov 2006 • 12370 posts Report Reply

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