Social Development Minister Anne Tolley has come up with a new excuse. Tolley has declined to comment on the issue because it was an "operational matter". Exactly how it is that prosecutorial abuse is an "operational matter" Tolley does not say!!

Christchurch’s aborted CYF’s sexual abuse trial – serious prosecutorial misconduct or simple bungle?

Social Development Minister Anne Tolley has come up with a new excuse. Tolley has declined to comment on the issue because it was an "operational matter". Exactly how it is that prosecutorial abuse is an "operational matter" Tolley does not say!!

Social Development Minister Anne Tolley has come up with a new excuse. This time National party Minister Tolley has declined to comment on the issue because it is an “operational matter”. Exactly how it is that prosecutorial misconduct is an “operational matter” Tolley does not say!!

In the deep south of New Zealand they have a problem, a serious problem. Police and prosecutors keep stuffing up, or at least that’s what New Zealand’s mainstream media would have you believe. In the latest case it again involves a sexual abuse trial.

New Zealand Herald reporter Jared Savage has published a so-called “exclusive”, but in reality there’s nothing particularly unique about this story. The fact is that crown lawyers are every day of the week pulling stunts exactly like those reported on today;

Child, Youth and Family bungle halts sex-abuse trial

5:00 AM Friday Feb 13, 2015

A High Court child-abuse trial was aborted when it was revealed Child, Youth and Family had failed to hand over 300 pages of documents to the police investigation.

Justice Paul Heath apologised to the jurors when he discharged them – after the case had been running for three days – following inquiries by the defendant’s lawyer that brought the existence of the files to light.

A second trial for the 61-year-old man, who has been charged with 42 counts of physical and sexual abuse of two girls in his care between 1994 and 2003, is unlikely to be heard this year.

The delay will be “heinous” for the two complainants, says a sex abuse advocate, and the discovery of new documents means the police will need to interview more witnesses.

Justice Heath has ordered lawyers for Child, Youth and Family to explain by today the failure to disclose relevant material and in particular whether any documents were deliberately withheld.

In discharging the jurors on Wednesday, the judge said the 12 men and women deserved an explanation.

“It became apparent that the disclosure was incomplete to the extent that there was something in the order of 300 relevant documents that came to light,” said Justice Heath.

“I can tell you that there are quite a few documents that are very relevant to fair-trial considerations, and that arises not only from the point of view of the defence but also from the point of view of the Crown.”

For those reasons, Justice Heath said, the trial could not go ahead safely.

“You will appreciate that I have made some rather pointed comments about what has happened and the reasons for the delay. I am going to follow those up further,” Justice Heath told the jury.

“But that has all meant that your time has been wasted in terms of coming along. I am very sorry for that. That should not happen.”

Suppression orders mean the defendant cannot be identified and the new evidence found in the documents cannot be reported yet.

There will be a disclosure hearing in the High Court next week. Justice Heath “emphasised the need for candour” by Child, Youth and Family in disclosing all relevant information and to respond properly to questions from police and defence counsel.

The defendant’s lawyer, Matthew Goodwin, said the disclosure failure became apparent only once the Child, Youth and Family witnesses attended the trial in answer to the summonses served on them by the defence.

“Justice delayed is upsetting to the parties involved and squanders precious legal and juror resources.”

Rupert Ablett-Hampson, chief legal adviser to Child, Youth and Family’s parent agency, the Ministry of Social Development, said the circumstances that led to “some relevant information inadvertently not being provided to the police” will be provided to the court as requested.

“The ministry is committed to providing all relevant information as requested by police and the courts and we are looking into why this did not happen in this instance.

“As the matter is still ongoing before the court, it would be inappropriate for us to comment further.”

Louise Nicholas, an advocate for sexual abuse survivors, said the likely year-long delay would be “heinous” for the complainants.

“The courage it’s taken for those women to come forward, go through the police investigation, then the start of the court process, is huge,” said Mrs Nicholas, whose own complaint of sex abuse led to a commission of inquiry into police sexual conduct.

“Now they’ve been told to stop the trial, put their lives on hold again, all because someone didn’t do their job. Once again, it’s a system failure.”

Social Development Minister Anne Tolley declined to comment on the issue because it was an operational matter.


The Minister responsible for Child Youth and Family Services (CYF’s – MSD), the National Party’s Ann Tolley, has yet again declined comment. This time she’s used a different excuse, claiming it was an “operational matter” that prevented her from saying anything. Of course this excuse was a load of bollocks as she has been less forthcoming on just how is it that an “operational matter” prevented her from informing the voting public on the issues surrounding what appears to have been an attempted deliberate abuse of process, with a view to precipitating yet another potential serious miscarriage of justice.

New Zealand’s citizens and residents need to informed of these issues, they have a right to know, exactly why it was that a seriously expensive High Court jury trial was derailed with this discovery and had to be aborted, all because the prosecution had apparently, yet again, failed to disclose as is required over 300 hundred CYF’s file documents, many of which, it would seem, were highly exculpatory in their nature and content.

Now Jared’s article, whilst reporting what is akin to an acid bathed skeleton of the case, fails to present any meat, any real detail beyond the fact that over three hundred documents had not been disclosed to the accused’s defence team. In fact Jared’s New Zealand Herald article reads as if the Crown solicitors prosecuting the case had somehow not even seen these documents, frankly a highly implausible proposition; even more so considering the trial’s Christchurch venue.

Justice Paul Heath apologised to the jurors when he discharged them - after the case had been running for three days - following inquiries by the defendant's lawyer that brought the existence of the files to light

Justice Paul Heath apologised to the jurors when he discharged them – after the case had been running for three days – following inquiries by the defendant’s lawyer that brought the existence of the files to light

This case is being heard in the Christchurch High Court by Justice Paul Health and a jury of twelve citizens. Heath however is an old hand at dealing with difficult and sometimes volatile cases, having presided over a number of high-profile South Island trials over the years including the South Canterbury Finance matter. Heath J would also have been well aware of the serious implications of this mid-trial discovery by counsel for the defence.

Reading between the lines it’s more than likely that the prosecution has deliberately withheld the documents. We certainly suspect that Heath is also of that opinion:

Justice Heath has ordered lawyers for Child, Youth and Family to explain by today the failure to disclose relevant material and in particular whether any documents were deliberately withheld.

Heath has extremely good reason to suspect this to be the case given the circumstances and what disappointing about Jared’s  and the New Zealand Heralds “Exclusive” is their abject failure to name the so called  “lawyers” representing Child Youth and Family, not the head office twats, but those who were present in court, those who were actually culpable of the egregious misconduct, those caught red-handed trying to pervert justice, those who have just cost the tax payer thousands of dollars and wasted more than four days of valuable time for the jurors that had been empaneled.

This is a sexual abuse case and would not have involved “Child Youth and Family” alone, they are not criminal investigators or prosecutors. It would also have involved, at some point, an extensive police investigation undertaken by the Christchurch CIB. If the Ministry had failed to provide the 300 exculpatory documents to anyone it would have been the police in the first instance, so why not withdraw the charges? No the police had always had these documents, they were just too well aware of their content and the likely impact on the jury deliberations.

Whats more this article raises another question – Was Jared Savage trying to be cute with his description of the prosecutors as “lawyers for Child youth and family”? The fact is that “Child Youth and Family” is a government department overseen by a Minister of the Crown and as such the so-called lawyers for the department (those presenting the prosecution case) will more than likely be the local crown warrant holder, Raymond Donnelly and Co, headed up by none other than the now notorious Brent Stanaway, so why not call it as it was?

Exactly why is it that Jared Savage failed to name the prosecutor, instead preferring “lawyers for Child Youth and Family”. It does seem to us to have been a somewhat deliberate omission. In fact it’s Jared’s questionable failure to name the barristers in court that day, or rather prosecutors, responsible for this serious failure, the withholding of over 300 clearly exculpatory documents, evidence that the defense was legally entitled to long before the trial had even been listed for hearing, that provides good reason to smell a very large Rat.

Savage does however, more than obviously belatedly, obtain a comment from  the Ministry of Social Developments Wellington based chief legal adviser, Rupert Ablett-Hampson. Of course Ablett-Hampson, like any other in-house government departmental solicitor is low rent and very likely had little if anything to do with the decision to conceal and withold the 300 additional documents. He may in fact, more likely than not, been completely unaware of the decisions the prosecutor had taken on behalf of the department and the alleged victims. Those decisions simply reflecting the prosecutors fuck justice it’s “victory at any cost” attitude

The fact that the New Zealand Herald was referred to Ablett-Hampson further advances, in our opinion, the proposition that both the Chrstchurch police and the Crown prosecutor had always had the missing evidential documents, in fact they no doubt had the entire CYF’s file, but had counted on, as always, an under resourced defence counsel being so overwhelmed that their deliberate omission would have slipped through unnoticed.  Again, this is certainly Brent Stanaway’s style, he’s real got form in this behaviour, and it also just happens to be the personal style of the man who often liaise’s with the Christchurch crown solicitor in criminal cases, the head of Christchurch police legal section, Ian McArthur.

Partners in crime, Raymond Donnelly and Co's chief offenders, Brent Stanaway & Pippa Currie

Partners in crime – Raymond Donnelly and Co’s principle offenders, Brent Stanaway & Pippa Currie, two legal clowns that have likely never actually won a case without breaking court rules.

Christchurch crown prosecutor Brent Stanaway has a long and very sordid reputation for exactly this sort of prosecutorial misconduct. In fact one could rightly argue that the withholding of evidence, often highly exculpatory material, is a hallmark of Brent Stanaway, Raymond Donnelly and Co, it’s partners and junior staffers – it’s the firms inherent prosecutorial style, their default strategy.

Stanaway in particular has been investigated for it in the past, although not widely known, inexplicably escaping by the skin of his teeth – criminal trials have been fucked up before because of it and it’s highly likely that there are literally dozens of innocent men and women who have served jail time in cases where Stanaway and or his juniors at Raymond Donnelly and Co have gotten away with the tactic, abuse of process that, if deliberate, is criminal;

BRENT STANAWAY – Crown Solicitor for Christchurch and Greymouth
Brent has been in practice for over 35 years and has held the Crown warrant for Canterbury and Greymouth since 1992. He has conducted numerous significant and complex cases on behalf of the Crown in the District Court, High Court, Court of Appeal and Privy Council. Brent’s practice extends to public law, general litigation, and advising central Government on proposed legislation and policy. He has specialist regulatory enforcement knowledge and has provided advice at the highest levels. He appeared as counsel for the Police and Department of Labour at the Cave Creek Commission of Inquiry and recently provided prosecutorial advice and services to the Department of Labour/MBIE following the Pike River mining disaster. He is a long time member of the New Zealand Law Society Disciplinary Tribunal and is on the Serious Fraud Office prosecution panel. More recently he has undertaken civil work for private clients.


Ministry of Social Developments so-called head of legal Rupert Ablett-Hampson

Meet the latest scapegoat artist – Ministry of Social Developments so-called legal advisor Rupert Ablett-Hampson

There’s also another dimension to this latest aborted trial that Jared fails to disclose. Savage quotes one Rupert Ablett-Hampson, the so-called Ministry of Social Developments chief legal adviser.

LF is of the view that the decision to withhold the 300 hundred documents, much of it, at least according to the judge, Heath J, exculpatory and likely to impact on a ‘fair trial’, was a decision made by the Christchurch crown prosecutor and New Zealand police alone, they were after all alone responsible for the investigation and decision to charge the accused.

It’s also our view that it was a decision that very likely had little if anything to do with the wider Department of Social Development, beyond Child, Youth and Family Services referring the matter to police and supplying whatever police had requested during their “thorough” investigation. The fact that they are now throwing Rupert Ablett-Hampson out front, possibly, just briefly under a bus at a later date (he’ll no doubt get danger money for his participation in the scam), is little more than what is to be expected in this situation, especially in New Zealand – the political smoke and mirrors normally seen, all designed to take the heat of the real offenders – the investigating police officers and a crown prosecutor that have had a history, completely systemic, of performing in exactly the same malicious manner over many years.

The now infamous George Gwaze sexual abuse and murder trials (double jeopardy) immediately come to mind, that case being but one of the more notable examples of many, often unreported, instances involving Raymond Donnelly & Co and it senior partner Brent Stanaway. Its perhaps timely that a book, Murder that wasn’t, covering that balls-up goes on sale this month.

Screen Shot 2015-02-13 at 8.00.17 pmJustice Heath pointed to the fact that he too had his suspicions with respect to culpability in this case:

“You will appreciate that I have made some rather pointed comments about what has happened and the reasons for the delay. I am going to follow those up further,” – NZ High Court Justice Paul Heath

What’s also more than clear is the fact that the New Zealand Herald and Jared Savage did not see fit to report any of Justice Heaths “rather pointed comments” in any detail, a fact that leaves the reader only guessing what Heath had actually said and at whom he had pointed the judicial finger – Why is that?

The fact that the defence lawyers where able to eventually deduce that the exculpatory information had existed, was missing from disclosure and had in fact been withheld is in itself evidence that the prosecution too was more than likely always aware that these 300 hundred evidential documents not only existed but that they, the prosecution, had deliberately and maliciously withheld the evidence – undoubtedly because they knew that it would undoubtedly damage the prosecution case, and that may have resulted in the jury acquitting the accused.

LF have now taken an interest in this particular case, so if any readers have more information on the conduct of this trial to date, or are aware of someone who does, please get in touch with us –

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  • Darrin Cassidy says:

    Senior MSD Barrister Robert Bowe also helps destroy cases where their is evidence of abuse. He managed to bully his way into a case where CYF were not even a party. He did this on instruction yo scuttle a case where there is evidence of CYF social workers colluding with outside agencies including HVDHB staff to falsify reports, hide evidence and destroy the credibility of the notifier. Thereby allowing g the abusers to not only walk free, but also to be awarded day to day care of the child they abused.

  • Frank Jackson says:

    Justice Carruthers has published his report into the police handling of the Roast Buster gang. Key outcomes are:
    – No prosecutions of the Roast Buster gang
    – No investigation into whether authorities actively encouraged victims not to pursue their complaints
    – No meaningful consequences for any policemen for inexcusably poor work
    – No accountability for anyone in authority
    – No change in the status quo

    No surprises here. Carruthers’ report is the final act in what is the classic New Zealand script for ensuring no accountability for those who commit child sex crimes and those in authority who cover up child sex crimes. The same formula is used time and again to ensure no consequences for child sex crimes.

    New Zealand continues to be the paedophile capital of the world and another generation of innocent children and decent families are at risk.

    Unfortunately, we have experience in this area. Our 14-year old child was victim of sex crimes committed by the St John ambulance gang including Karl Berghan (21) and Sam Brens (20). NZ authorities determined that the group sex was “love and romance” and prevented our family from pursuing justice by gagging us. We were threatened with imprisonment if we spoke of the sex crimes, and threatened with bankruptcy if we dared challenge the gagging orders.

    NZ authorities actively encouraged our under age child not to pursue her police complaint (after she had made a written statement to police). 3 of the 6 victims of the Roast Buster gang, also made written statements to police, and then subsequently decided not to pursue their complaint. Hello? Carruthers’ “investigation” did not examine why these Roast Buster victims decided not to pursue their complaints. This is a glaring and telling omission, especially in the light of the massive evidence of poor policing already in front of Carruthers’ enquiry. If Carruthers had conducted a proper investigation, he would likely have uncovered the reason for all these sudden complaint withdrawals by victims, and revealed a key reason why NZ paedophiles are able to act with impunity.

    We have detailed our experiences and named those in authority in NZ who seek to promote or cover up child sex crimes:

    The Carruthers report can be found here:

    We look forward to the day when there will be meaningful consequences for those who commit child sex crimes and those in authority who cover up for them.

    • Wow. I’m speechless. Thanks for posting this. They will do ANYTHING they can to cover up their crimes.
      I applaud you for not giving up and thanks again for exposing this tyranny and corruption of the state.
      Try to take solace in the knowledge that there are good people out there who know about these and other wrongdoings and are willing to spread the word of these crimes that are covered up by the state to try and awaken the people to what is REALLY happening in their country.

    • nick preece - hornet says:

      Frank Jackson – did you get my email recently? Just checking to ensure my contact with you has not been restricted. Lauda Finem, similarly did you receive an email from me also giving a summary of the concerns we have here in NZ – you will note many of the points I address are similar to those depicted here by Frank and his family – the same dirty tricks are still in play. There is a WAR on TRUTH ( a war on Torah ) ……”terror” a play on the word TORAH – terror is a pure fiction to keep you scared and afraid ).

      As the masses wake up to the tyranny it explains why we are seeing more spying, more restrictions on the flow of information which has been exposing the lies and corruption – what is very encouraging is that the new generation – the “children” are so much more aware and informed – than we are as adults – to the lies – fortunately 9/11 was a dramatic failure – a monumental failure – building 7 which symbolised TRUTH in the 777 dynamic was never hit by a plane and had to be demolished symbolically in an attempt to Destroy TRUTH – the Building 7 deception became the catalyst for the mass awakening globally. The rise in the TRUTH movement across the world.

      ( if you remove one 7 from the three pillars ( towers ) of 7 7 7 – this results in 7 7 remaining or 2/3 ….- 3 into 2 equates to 0. 666 = evil. ) Rather than being destroyed – Building 7 symbolising TRUTH just got a whole lot larger and more powerful. TRUTH always beats DISHONESTY. The human race currently faces a war on TRUTH and all those who are corrupt running around in Secret – hate being Caught and exposed……….

  • nick preece says:

    Big picture – we must all now start looking at the big picture as to what is really happening here on many levels……

    If Complaints are not taken, and investigations are not made – we see lower statistics for Crime – which makes the police look good and politicians look even better at year end.
    Same with prosecutions = if at the end of a financial year claims can be made that there were FEWER prosecutions for particular offending – then that is the desired outcome for those in power. So to have the judiciary DELIBERATELY throw a few serious trials in a given year is perfect for the books……

    When end of year reports are made to the United nations, to Transparency international on NZ and its overall “REPUTATION” as a country – No complaints, no prosecutions – no problems here – all gives the impression that NZ as a country is looking very good in the eyes of the world – the reality of course is something very different as we are all experiencing and uncovering here. So reputation protection is the name of the game on multiple levels. So how do you cut through this and get people to start finally accepting that we have a BIG problem in NZ – we have an INDUSTRY whose business model needs more violence, and crime to flourish in order for it to PROFIT – and those in charge do not want to see this FIXED.

    Another Concern I have personal experience with – the very organizations we go to to report concerns – Human Rights Commission, Ombudsmans Office, Privacy Commissioner, are all now implementing the best practice of REFUSING to take complaints – they have a library of excuses as to why they SHOULD NOT investigate the complaint – No complaints No Problems…….and this is now systemic across many agencies. if you research the Best Practices in Communist China – it is almost impossible to ever have a COMPLAINT formally lodged with the police – there are layers and layers of reporting before anything ever gets formally accepted as a complaint ( IF EVER ) so this is not a new tactic, it just gets worse as those in power try to hide the TRUTH, and face reality.

    Why is this a serious concern = because offices like the Ombudsmans office ( there to protect FAIRNESS – the very cornerstone of the justice system ) – report directly to Transparency International – and if there are NO COMPLAINTS taken, and NO PROSECUTIONS in a given year – then there are NO problems, No corruption, no breaches of Human Rights, Privacy etc. Perhaps this was a tactic to ensure we got a seat at the UN – maintaing the appearance of a good reputation at all cost – even if it means deliberately suppressing the reality and the truth.

    Another main concern that must be addressed is the consistent exposure of Paedophile’s and child abusers within the ranks of those in Control and in power……if you have never heard of DARVO = look it up, the behavior of Psychopaths and especially those psychopaths who are child sex offenders ALL display the DARVO characteristics – it is a specific characteristic of those who are Psychopaths – those with little or no feelings for other human beings, and who will lie, lie lie.

    So if you want someone in power to LIE for you, you must first ensure you have something over that person, which then forces them to work for you – and that means ensuring you know all their dirty secrets. So getting someone with a penchant for Child Abuse, is perfect because such a person is also a Psychopath and will exhibit all the characteristics of DARVO when cornered and they will lie for you………..

    its so important when placing someone in power or control over people – that you get some who is a psychopath to deliver your message to citizens – because after all a Psychopath is the best person imaginable for the role. They LIE with impunity – and as I said above, get someone with a sick little habit and you control the psychopath.

    So citizens – how do you spot a Psychopath – and what is DARVO……..only about 1% of the worlds population are Psychopaths……

    When a Psychopath is CAUGHT – they immediately DENY (D) the action, then they immediately ATTACK (A ) the accuser, and then they REVERSE ( R ) the Victim ( V ) Offender ( O ) roles…..because after all the VICTIM is the most powerful position from which to garner public sympathy. This is the exact response of a Psychopath and especially for psychopaths who engage in child sex offences – or those who protect sexual offenders……..

    If they can not engage in DARVO = the other option they take is to Feign MEMORY loss……….seen this recently – people in control immediately ATTACKING the integrity of a person speaking out – or a person in control who feigns MEMORY loss when cornered on a subject – these are specific characteristics of the Psychopath

    So next time you hear a person DENY something – and then go on to ATTACK the person making the accusation – and reverse Victim Offenders roles – you know immediately you are dealing with a Psychopath……….this behaviour is unique to them and them alone…….

    Those in power who have been or are Child Sexual offenders were given those positions of power – because being that Psychopath was the very reason they were permitted to be in a position of control over the people – they were able to be CONTROLLED, to deliver the LIES to the public they were required to……..

    So people – its very important to start understanding what has occurred and why, and why so many of those in positions of power or control are now being exposed for child sex crimes and then being protected………

    • Tectonic Taniwha says:

      Sounds like our Prime Minister, and my ex who did nothing but lie in court while CYFS protected her, but then I had the laust laugh and the kids voted with their feet!

  • Sy Gunson says:

    I have personal experience of this with CYF in relation to my own son beaten unconscious by his mother whilst a baby in nappies. Police and CYF social workers initially refused to investigate and then 9 months late were forced to investigate. They used the opportunity to conduct a sham investigation and falsely declared to the Family Court there was no evidence when in fact they obtained an admission by the child abuser which they concealed from the courts. I discovered this fact by chance when the paternal grandmother obtained my sons file from CYFS and out tumbled the truth that CYF perjured themselves to the Courts. CYF falsely accused me of causing conflict in my son’s life by suggesting to the courts that I was making false accusations of assaults by his mother when in fact she was assaulting him. CYF are a corrupt organisation.

  • The irony of this type of standard criminal practice of NZ Crown Prosecutors is that Justice Heath is about to face criminal charges for perverting the course of justice by falsifying his Reason for Verdict on a Crown witness’s Transcript evidence document. Heath is alleged to have falsified his verdict by deliberately ignoring that document and recording contrary evidence.

    The document was, of course, not tendered by the Crown Prosecutor to obtain a conviction no matter what. The unfortunate thing for Justice Heath is that all the Judges of all the appellate courts and High Court, in covering-up the criminal activity of the Crown Prosecutor, have ruled it was tendered, in evidence and that Justice Heath knew he had to consider it and stated he did consider it.

    Heath’s pending predicament is an unforeseen consequence of ‘the system’ covering-up criminal activities of a Crown Prosecutor.

  • Jeremy Penrice says:

    Nothing surprises me in this post, I wouldn’t trust the credibility of and NZ Herald Journalist though. Especially this one.

    In 2003 while working at the home of the production company that places hidden cameras for the target program I found graphic images of child pornography strewn amongst male porn and drug Paraphanilia. The photos of children were polariods, the apparent currency of Peodophiles.

    As electrical contractors we packed up immeadiately not completing the work. The owners made claims to the NZ police that we were dodgy electricians.

    I passed the information onto the then head of TVNZ not realising his wife was the producer of that program silly me. I didn’t realise that the media in Auckland were actually sleeping with each other.

    I thought there would be and investigation and the cameraman would be at least investigated.

    A further ROIA would reveal my contact with TVNZ. A police statement called me a dodgy electrician and says they questioned my credilility and character. Media works that gets paid money for spying on contractors in setup homes and calls it entertainment.

    Very successful commercial venture for the Mediaworks corporation prepared to hide from the reality of those it employs for profit.

    Corruption is alive and well in NZ police and the media was foolish because I was genuinely concerned for the welfare and well being of those 2 identical children that I can still remember to this day. I’ve often wondered who they were

    Jeremy Penrice

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