That's the problem nzlemming has. A judge stopped the inquiry, ergo, the system protected its own. That it was a ruling on points of law,…

The inquiry wasn't hushed up. It was prevented by the ruling of a judge, presumably acting under the law, in an open court.

I really struggle…

If a mere mortal had strung the process along as he did, you can bet the judiciary…

We could only make a big deal out of it because he did it, don't forget. And, in the end, they paid him off and declined to…

This recursive suppression is a bit of a mind-fuck, I have to say.

OTOH, the party best placed to call bullshit on a highly technical police case might be a judge. I disagree with the decision, but I take Kyle's point above…

What was the slogan?

Property is theft or something!

No Gods, no masters...maybe?

NZ justices have given us time limits of roadside stops, the right to challenge "obstructing police", limitations on the "sniff test" as a means of conducting a general search without warrant of…

Well, an NZ judge might think, as Lord Denning did, over the Guildford Four, that:
"If they…

And perhaps the best chance for success of a botched police case is to find or chance upon one of those.

And there you go supposing that judges care little for the rule of law and the maintenance of human rights, wanting only to deliver judgements that are expedient for the purposes of the…

Yes, one thing is being in on a full-blown conspiracy – another being more easily persuaded than twelve people off the street of…

As for the last Peter Ellis…

Isn’t that exactly what you asserted about fifteen centimetres above? (Although yes, that does change the complexion of things)

No. I said earlier that the suppression of the reasons for the decision *about the jury trial* was at the request of the defence.

I said later that I believed that…

Because we don't have a history of a corrupt judiciary. Or of a corrupt anything much, for that matter. We just don't. Have you missed the…

But the whole suppression process has been.. suppressed, hasn't it – except two clauses.

Isn't that exactly what you asserted about fifteen centimetres above? (Although yes, that does change the complexion of things)

Found myself laughing ironically at how completely implausible it all was. Especially now our Skyhawks are in mothballs. Can you even imagine an air strike on a bivouac in one of our national parks?

We don't have reams of historical…

When did that transpire?

Throughout. I don't have the facts on hand to responsibly assert that all of the suppression has been at defence request, but I know of no suppressions in this case that have been imposed in the face of defence opposition.

How do you get off living in a country where such presumptions aren't the norm, backed up by reams upon reams of historical precedent?

We don't have reams of historical precedent for anything here.

Are we allowed to know/say that?

Without having seen the suppressed material, I guess this fact might suggest that there is some reasoning in the decision that could affect the reputation of the defendants?

I’d observe that suppressing the case for why the defendants are not getting a jury trial is troubling

The suppression of the reasons for the decision is at the request of the defendants.

I swear New Zealanders are fucking adorable. How do you get off living in a country where such presumptions aren't the…

Judges are supposed to be somewhat harder to baffle than juries. They have the time to examine the intricacies of scientific…

That's actually a pretty nasty veiled slur on the judiciary, to be quite frank. Casting aspersions on senior cops and prosecutors is one thing,…

The special terrorism task force co-ordinated the round-up and breathlessly informed us that they had smashed a home-grown terror plot by hardened Maori radicals, diehard communists, revolutionary anarchists and wild environmental activists. Anyone who knows anything about politics knows any such combination is the opposite…

I’ve *never* been called for jury service…maybe it’s because I live in a remote area (but there are jury trials in Greymouth.)

As at the middle of 2009 (for when I have the stats) 53% of New Zealanders 18+ resided outside High Court jury districts, and 23% outside District Court…

Is there a limited number of challenges for each side

I believe it’s six per side, but whatever it is can be varied by the judge with the agreement of counsel – as is the case with the majority of the rules that apply to running a trial.

It changed…

I'm one of those, and I'd happily do jury service. Last ten years in Wellington, no call up. In that same time, my ex was called for trials almost…

Or the people like me, lucky enough to work for employers (both my current and previous) who will continue to pay you, as long as you…

It depends on the case. The first time I was summonsed, I turned up in a suit – no ploy, just standard…

You only have to do jury duty once every two years.

I must be about due again. Im looking forward to it...no joking.

You are a perfect example of how broken the "random" selection is, though. I know many people who've never…

My last one was for a massive assault charge – something like a…

My experience is that they panel in the morning for trials starting that day. If you get panelled you sit through jury selection and, if not selected, may or…

You are expected to report if there's a reason you shouldn't be on the jury though – if you know a witness or some such. I once…

I'd love to do jury service, and have been summoned twice, but I can't afford it. With the rates of compensation, it seems to be only an option for…

Urewera raids: Lone judge to decide cases

Most of the 18 people charged after the Urewera "terror" raids have been denied a jury trial.

Fifteen of the group, who are facing firearms charges stemming from police raids in 2007, will be tried before a judge alone…

But be warned, you'll get necklaced when the revolution happens.

I believe it's six per side, but whatever it is can be varied by the judge with the agreement of counsel – as is the case with the majority of the rules that apply to running a trial.

Heh. I'm listed as an 'intellectual' on the electoral roll, and on a good day I tend to look like a football hooligan who should be up in the dock with the defendant. So bog…

Jury selection may not help them.

Thats something I'd like to know a little about. Are jurors vetted at all by prosecution and defence, or not? I have no idea what happens in this country there must be a process tho'.

Given that the ruling is clearly within the law, I think they're getting due process by definition.

Having appeared before a judge, I think I'd be…

I can't recommend highly enough having a look at what happened in New Caledonia during the 80's. Some of the most violent events were the result…

Anyway, thanks for pointing this out – undoubtedly one of the most disturbing decisions I've seen in... months. We've had a stream of policy decisions and litigation tactics for some time now that do not bode well…

It's worth reiterating that the order wasn't bought "with a big fat chequebook". It was requested by an ordinary duty solicitor in the course of a very standard morning in court.

We may never publicly know his name, but lots know! (When you jump up and down on a car, even if it is your wife's, in Auckland and are a public identity, people recognise you!)…

but they could claim to be following process.

Yes. I don't think that's been in dispute. There is a power to hold a judge alone trial, even where the defendant wants a jury. This is recent.

12. In New Zealand, whether or not a case is heard by a jury rather than a judge alone depends on the type of offence, as well as discretionary decisions by the prosecution and defence. Offences in New Zealand are typically organised into the following categories:
• Charges…

umm, they could only be contempt if the suppression order forbade talking about the case. Which would not be normal…

OK, but stories of…

a majority that is often ill-informed or manipulated

Jeez, its a bit early in the year to be giving out get out of jail free cards for all the dumbass's.

Is that really a good excuse? When important stuff happens, in defiance of statutory holidays, there are no senior staff to call on?

There are. If John Key resigns then a whole lot of reporters would have to cut short their holidays and crawl back to work. But this isn't…

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three…

...these selfsame PTB would also be worried about seeming to take…

It's not just that if he fell down a sewer he'd emerge with a smoked salmon in his mouth – though he would – but also that he'd exit smiling and waving, announce an inquiry, mumble something about…

What baffles me is why on earth the judge would continue the suppression of the reasoning for the ‘judge only’ trial ruling, if it were for such a straightforward reason.

I understand that there is to be an appeal. This probably isn't surprising.

I also note that the suppression of…

And to be fair to you, I've reviewed my Tweets on the subject and you probably didn't see where I spelled that out at considerable length over the next hour or so because they were in the forms of replies to others you probably didn't see.

Thank goodness for that. Made my blood boil, quite frankly, hearing about that jury.

Actually, I thought you were being ungenerous…

First,…

It does strike me that the judge could have revealed more of his reasoning, even if only by structuring the text of the original decision to facilitate that course.

Sadly, those structuring decisions mean that her reasoning is not subject to public scrutiny, and some bits of it are not…

her :)

I cannot see the reason for a judge alone trial being anything other than

I haven't read enough background (and it's too late in the year), but isn't there a quite separate set of criteria operating in this case…

Okay, I don't want a scrap, honest. I did think Morse's statement was OTT, and I…

Similarly, being…

Perhaps, but in the meantime we may also wish to pause and express unsmirking sympathy towards fellow citizens who are being denied due process.

in denying the accused the right to be tried by a jury of their peers, the judge has ensured that a fairly substantial part of the public will not regard any verdict as valid. He has locked in a permanent, and justified, grievance against the system.

She.

A bigger story, yes

Coupled with the jibe about Morse's 'hyperventilating' press release, by pointing out that the prosecution is a recipe for martyrdom you are shifting who is being victimised here from the defendants to the public. The public will…

And…

Only in the circumstances apart from running Valerie Morse's PR there wasn't much we could do. And we did in fact have to pull it and re-word it to fit within the suppression order at the time.

al

So (skeletal staff notwithstanding) why no mention at all in any of our media outlets?

The charitable interpretation is that the Auckland High Court has been closed since xmas eve, and won't open until Monday, so no-one can get a proper copy of the judgement to confirm they are able…

So (skeletal staff notwithstanding) why no…