Why I think Labour’s letter to the Police Commissioner may have legs

by Lord Sutch

So David Parker has written to the Police commissioner arguing that he needs to start an investigation under the Crimes Act in to allegations against Judith Collins, Cameron Slater, Carrick Graham and Cathy Odgers et al. This is the letter he wrote:

Mr Mike Bush Commissioner of Police New Zealand Police 180 Molesworth Street Wellington

 Dear Sir

 Conspiring to defeat the Course of Justice and other matters

 You will be aware of allegations against the former Minister of Justice Hon Judith Collins, Cameron Slater, Carrick Graham and others concerning:

    • Undermining of the Serious Fraud Office
    • Undermining of the Financial Markets Authority
    • Undermining of the head of the SFO
    • Intimidation of witnesses, including Mr Gapes,

in relation to the SFO and FMA investigation into the affairs of the Hanover Group of companies and their directors.

You will also be aware of allegations against the former Minister of Justice, Cameron Slater, and others concerning:

    • Use of personal information regarding Simon Pleasants to incite threats
    • In respect of the Minister, the corrupt use of personal information regarding Simon Pleasants to obtain an advantage (section 105A of the Crimes Act)
    • Use of that information (section 105B of the Crimes Act)

 You will also be aware of allegations against Jason Ede, Cameron Slater, Aaron Bhatnagar, and others concerning:

    • Accessing the Labour Party computer system in breach of section 249 and 252 of the Crimes Act
    • The use of dynamic (ie changing) email and computer addresses to avoid detection

 These are serious matters that go to the heart of administration of justice in New Zealand and public confidence in democracy and the rule of law.

I would ask that you urgently investigate these matters. I am concerned that there is evidence, including computer records that urgently need to be secured and preserved.

In making this request, I am aware that you exercise your role independently, and that these decisions are yours to make.

 Yours faithfully

 

Hon David Parker Shadow Attorney General

Let’s delve a little deeper. Section 116 of the Crimes Act states:

116 Conspiring to defeat justice Every one is liable to imprisonment for a term not exceeding 7 years who conspires to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

Now I’m no fancy-pants big city lawyer, but in yesterday’s Whaledump there was a file called “hanover-is that is 6.png”. In it Cam Slater says “I think we need a meeting with EW about the social media destruction…Stuff that they have but can’t use in court or media should be given to us so we can smash up FMA…We should make it look like leaks from with FMA…

hanover - is that it 6“Stuff that they have but can’t use in court”…that sounds like perverting the course of justice to me. There is then another file called “mh c&m instructions 1.png” in it, Carrick Graham says “Seems our friend Tony Gapes (scene 1,2,3, Orakei point etc) is thinking he’s a bit of a star witness for the SFO against our man. Trouble is that it seems old Tony Gapes…should have some sunlight shone on him. Enough to raise questions of credi[sic] with the SFO…It would be very interesting if various sources could be wound up creating a C&M swirl around Tony Gapes.

mh c&m instructions 1 This particular email seems particularly relevant to this section of the crimes’ act:

117 Corrupting juries and witnesses

Every one is liable to imprisonment for a term not exceeding 7 years who—

(a)dissuades or attempts to dissuade a person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter (whether civil or criminal, and whether tried or to be tried in New Zealand or in an overseas jurisdiction); or

(b)influences or attempts to influence, by threats or bribes or other corrupt means, a member of a jury in his or her conduct as such (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(c)accepts any bribe or other corrupt consideration to abstain from giving evidence (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction); or

(d)accepts any bribe or other corrupt consideration on account of his or her conduct as a member of a jury (whether in a cause or matter tried or to be tried in New Zealand or in an overseas jurisdiction, and whether the member has been sworn as a member of a particular jury or not); or

(e)wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice in New Zealand or the course of justice in an overseas jurisdiction.

Now on my very basic understanding of crimes, law etc it would seem that there is in fact enough here for the police to open up an investigation. And I would hasten to add that maybe Mike Bush should do it quickly lest a few things get destroyed in a few offices.

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