THE REAL WANGANUI/NZ POLICE

Perverting the course of justice # 1

This letter started it all off.

ARMSTRONG BARTON 4 December1984 The Treasurer Riamaki Society Incorporated RD 6 RAETIHI

ATTENTION: MR J CORNELIUS

Dear Sir

RIAMAKI INCORPORATED SOCIETY

We have been instructed to act on behalf of Mr J Van der Lubbe concerning his membership of the abovenamed Society. We refer to various correspondences your Society has had with Mr Van der Lubbe and particularly letters dated the 8th of March 1983, 15th of March 1983 and the 8th of August 1983. In each of these letters you state that Mr Van der Lubbe is no longer a member of the above Society. It would appear that the Society’s conclusion is based on the amendment to Rule 7 of the Society’s Rules, that amendment having been registered in early March of 1983. Rule 7 now reads “subscriptions remaining unpaid on the 2nd day of May each year shall be deemed to be in arrears. If these arrears remain unpaid 3 months from the due date the member automatically ceases to be a member of the Society and his or her share moneys shall be paid out to them in the same manner as resigned members”. We note that on the 7th of March 1983 you wrote to Mr Van der Lubbe advising him of the date of the 6th Annual General Meeting of the above named Society. However on the 8th of March he received another letter stating that he was no longer a member. It is now clear that Mr Van der Lubbe’s membership was withdrawn because his annual subscription for the years 1979 to 1980, 1980 to 1981, 1981 to 1982 and 1982 to 1983 remained unpaid. However the amendment to Rule 7 states that annual subscriptions remaining unpaid on the 2nd day of May each year shall be deemed to be in arrears. This amendment was not registered until early March 1983. Therefore, the subscriptions in issue relate to years prior to the amendment to Rule 7. Your Society has therefore purported to retrospectively implement the amendment to Rule 7 without any authority to do so. There is no general right at law or any specific right in the amendment to Rule 7 to implement the somewhat draconian measures set out in that Rule on a retrospective basis. Furthermore on the 15th of March 1983 Mr Van der Lubbe forwarded to the Secretary of the abovenamed Society the arrears requested and also an advance payment for the oncoming year. This cheque was not accepted. A further cheque was forwarded to the Secretary on the 1st of June 1983 and this cheque was also not accepted. However, your Secretary did state that the arrears still remained owing as a debt to the Society. If that is the case on what basis did you purport to advise Mr Van der Lubbe that he was no longer a member of your Society? The annual subscription fee for the oncoming year had not yet fallen due and therefore if arrears for the previous years remained an enforceable debt then clearly they were enforceable against a member. It is also to be noted that under the amendment to Rule 7 once the member ceased to be a member of the Society, his or her share moneys would be repaid to them in the same manner as resigned members. Mr Van der Lubbe has never received such a repayment. If in fact, in your view, Mr Van der Lubbe is not now a member of your Society, why has this money not been repaid? Therefore, in our view your Society has acted quite improperly by purporting to prevent Mr Van der Lubbe from exercising his clear right of membership. Your Society’s actions are wrong both in general law and one not permitted by the Rules of the Society. We finally refer to your letter of the 8th of August 1983 when in writing to Mr Van der Lubbe you suggest that he obtain further clarification of this matter from a Solicitor. Mr Van der Lubbe has obviously now done this and views with considerable anger the actions that your Society has taken against him. We further understand that there are several other people who have suffered the same fate as Mr Van der Lubbe. No doubt now Mr Van der Lubbe is, aware of the legal position, these people will also learn of your Society’s improper actions and may also wish to take the appropriate measures. We look forward to your early reply to this letter and your recognition of Mr Van der Lubbe’s continuing membership of the abovenamed Society.

Yours faithfully

ARMSTRONG BARTON PER: A F Cameron.

* Every man’s house is his castle. Legal Maxim. “If one is willing to make allegations, one must also provide credible evidence to support them.” Gordon Waugh. The Riamaki Society Incorporated was formed by a group of people to control what could be described as a private Ohu, at the end of Croatons Road, Ruatiti Valley, Raetihi. All went well with this arrangement until Jerry Cornelius arrived on the scene. From that time until the winding up of the Society there was factional fighting (divide and rule) and illegal actions such as that described in the lawyer’s letter. Cornelius and the other remaining members of the society secretly wound up the Society and sold the assets, which included a one thousand-acre bush farm to Jerry Cornelius while the matter of my membership was before the Court. Cornelius paid me out my full share money out of his own pocket after I placed a Caveat on the Title to the farm. I was proved right and my lawyer, who is now a Judge, took all the money. Lesson number one. Less than two weeks after the lawyer’s letter was sent to Cornelius (4/12/84) the Wanganui Drug Squad, detective Colin Irvine, came a-knocking at my door. He told me that he had a warrant and that he wanted to search the property for illegal drugs. “Principles are a mug’s game.” JVDL After complaining about the legalised home invaders to that brick wall the Police Commissioner and his cronies, I was suffering from righteous indignation, I complained to the then last resort the Ombudsman. I have numbered his report and will comment on it where I thought it necessary.

Cornelius cooked his goose when he lied to Irvine about me being a druggie and Irvine cooked his goose when he uttered that “large scale cannabis cultivation” crap to the Ombudsman.

1 No Police Reports or files were made available to me. 2 If it was true that Irvine ‘was told by the informant on a number of occasions over a week that [I] was involved in the distribution of hard drugs’ it would indicate that the informant had an ulterior motive for the Police to take action. A person acting without malice or an agenda would go to the Police, give the information and let them get on with it, not go back several times to hound them into action. And why would they need to be hounded into action? Because I was unknown to Irvine and unknown in drug circles. 3 Shows that the informant associates with at least three hard druggies and or chemist shop burglars. The informant’s knowledge of what was stolen in the burglary shows that he didn’t just pluck his information from the newspaper, those details were not reported in the papers. It could also be that Irvine simply added the unreported details in order to obtain the search warrant/s for his fishing trip. 4 For the first three months of that year (1984) I was living 783 kilometres from Wanganui at Hihi Beach, Northland so Irvine’s statement is demonstrably false. He made up the whole of that paragraph to vilify my name to mislead the Ombudsman. It’s quite clear that he was sucked in by Irvine’s lies. When Sandra, the wife, read what Irvine had told the Ombudsman she nearly spontaneously combusted. She shot straight into the Police Station and demanded that Irvine prove his malicious accusations but all she got for her efforts were some bruises on her arms when she was unceremoniously ejected from the premises by a couple of “goons”. 5 The Police had no ‘reasonable grounds’ to obtain a search warrant and that was the first thing I told Irvine after he said that he had one. A single, persistent informer with no supporting or corroborating evidence are not the ‘reasonable grounds’ that are required.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11481323

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More bogus search warrants

6 ‘The file suggests’ is a bit thin. Irvine’s visit to my traffic cop brother Eric was to test the reliability of the ‘recent’ information, nothing else. He hadn’t received any other information ever. Eric told Irvine his information was bollocks but still he went ahead. 7 I was aware from the beginning of who the informant was. On the night of the home invasion, I said to Irvine, “I know who’s done this, Jerry Cornelius.” At that, Irvine flinched and walked away without denying my allegation. Another Policeman piped up, saying, “Well, if you know him, you must be guilty.” I then showed Irvine the above lawyer’s letter, but he refused to read it. If you try to explain matters, they either ignore you or they say, “Look, I’m not here to argue with you,” and then they barge on with their nefarious business. To that time I had met Cornelius just once and on that one occasion he volunteered to me that he had done time for burglary. Why did he do that? He was fishing to see if I was a criminal like him. I guess that if I had told Cornelius that I was a burglar like him the burglary squad would have invaded my home. He chose drugs (I did have long hair) and his gullible and corrupt mate Irvine. 8 The Ombudsman has omitted the fact that two warrants were issued. Irvine got the address all wrong on the first one, an address nowhere near my place. He went to that address armed with his bogus warrant and found that he had cocked-up. So much for his ‘reliable intelligence.’ Without a second thought, an alarm bell should have rung; he went back to the previously ‘satisfied judicial officer’ who granted him a second warrant. If a cop asks for a warrant he will get it, simple as that. No probing questions asked. All lies believed.

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From Comments on page 03, I came upon this site quite by accident. I haven’t read all the site, but the names #Van Der LUBBE# and #BRITTON# appear to feature so far….let it be known for the record that I was a serving copper in Wanganui from 1980 until 1986. Let it also be known that I was part of a team on one occasion that executed a drugs warrant at the Van Der LUBBE address in Ballance Street Wanganui, in the early 80’s. Quite surprisingly, Det Colin IRVINE made the mistake of speaking with a Van Der LUBBE family member (brother of the warrant target) the day before (probably because the brother was a traffic cop), with the consequence that no drugs were found. However, we coppers were all shocked to see a loaded high calibre rifle under the master bed, shocked because the Van Der LUBBE’s had young children living in the house. What was even more surprising was Mr Van Der LUBBE knew the loaded rifle was under his bed, but was not at all concerned about the fact. I can also say that the BRITTON family living up the para paras often came to notice of us boys in blue. I also seem to recall Matthew(?) BRITTON coming to national prominence by setting up camp in parliament grounds. Be your own judge… Mike Cannon | February 26th, 2007 at 3:07 pm (edit) ——————————————————————————–

I just love it when cops get their “facts” provably wrong. 1. The “drugs warrant” was executed at an address in Paterson Street. Irvine got it all wrong and he got the first warrant for my fathers place in Ballance Street. He had to tell his lies all over again to get a second one for the right address. 2. Believe it or not my brother did not warn me that a raid was in the offing. Irvine found nothing because there was nothing to be found. I am not and have never have been a druggie and Irvine approached my brother and asked him if I was involved in drugs because he had absolutely no information (other than the lies fed to him by the probable double murderer Jerry Cornelius, that I was. 3. Saying that the rifle was loaded is an outright lie. The rifle was under the bed in the box it came in and a packet of bullets was in the box with it. That’s not loaded but it was a bit silly I must admit. Irvine said as much at the time but I told him my kids knew not to go near the gun. A bit nieve of me I know. 4. The Brittons` never lived up the “paraparas”. They lived in the Parihauhau Valley when their kids young (pre-teen) and unknown to the police. And as for Mathew Britton setting up camp in parliament grounds don’t make me laugh. He might have been there for the big cannabis smoke up but that’s all. You’re either a liar or a fool Mike. Jack | February 26th, 2007 at 3:56 pm (edit)

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Thanks for the corrections Jack….I haven’t been back to Wanganui for many many years, so obviously I need to consult a street directory to know the difference between Ballance / Paterson Streets. I don’t have a particular axe to grind, I did my 16 years as a copper, and left more than 10 years ago. I’m no longer in NZ now, but I can tell you that the rifle WAS loaded, and yes, it was in a box with spare ammo. Yes, the Brittons did live in the Parihauhau valley, which runs parallel to the parapara road at the Upuk end. I think you’re ’splitting hairs’ by drawing the distinction – you know I was referring to that general area. I’d like to think I’m no fool, and I am certainly not a liar (nor exaggerator). In my experience, this web site indicates someone continuously crying foul, which is a form of mock outrage. This only gets people wondering if the person(s) crying foul are not hiding some home truths anyway. If you had a beef against the cops, ok, but do what most of us do after a while – just move on. Mike Cannon | February 26th, 2007 at 6:32 pm (edit)

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You’re wrong Mike, the rifle was not loaded and saying it was (only drug dealers have loaded guns under the bed) and also saying the only reason you didn’t find any drugs was because I was tipped off is nothing but another attempt to smear me. How do you know the rifle was was loaded Mike? Irvine didn’t pick it up and work the bolt. You are a liar Mike. Were you the uniformed cop who accompanied Irvine to Ballance Street, Paterson Street or both addresses? Were you the “We’ll get you!” cop. The NZ Police NEVER move on as you put it Mike so how the hell am I to? I’ve been waiting for over three weeks for a cop (Sergeant Andrew McDonald) to come round and take a statement from me about a case of intimidation. A week ago I phoned him and he said he was sorry for being “tardy” and would come to my address the next day. Same old shit from the boys in blue. +++++++++++++++++++++++++++++++++

5 Superintendent Norm Stanhope, like most cops, is a liar. “Another good trick, or so we thought, was executing search warrants. There were always tame JPs willing to sign our applications for search warrants and so you would get a handful of warrants and off you would go to fight crime. You would have an amazing strike rate because in those days crims would, with minimal coaxing, tell tales on other crims. All crims and folk who associated with crims, had a habit of collecting photos, of each other.” Rana Waitai,  Rana Reckons, Wanganui Community News June 11 2009. 9 I made comments but to no avail. The last thing one of Irvine’s co-invaders, the “If you know him you must be guilty” cop said to me as they left my place empty handed was, “We’ll get you.” And man did they try! I should have had my blood tested for illicit drugs, another thing I didn’t think of. That would have proved Irvine and his informant were/are full of crap. The Police then entered into my Wanganui Computer file, ‘Has made a complaint against Police.’ Not long after that I went with a friend and a land agent to look at a farm that was for sale in the same valley as the Cornelius farm and as soon as Cornelius learned that we had been in ‘his’ valley he complained to his buddy Irvine that I had stolen some (unspecified) tools from his farm. Irvine, the shameless fool, believed him again and tried to interview me about it. I told him that there was now no doubt whatsoever as to who his ‘earlier informant’ was. I never heard any more about the stolen tools.

During the search I got angry and kicked up a bit of a stink and some cop, maybe Irvine said, “Only guilty people kick up a stink.” The Dog handler, Brechmanis said, If this was America you would have been shot by now.” That after he insulted the state of our unfinished house. Another cop piped up and said, “It looks alright to me.” Next day after I told my lawyer what had happened he said, “I hope you kicked up a fuss?”

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Bent Cops

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25. nicky59 My chosen field continues to disgust me. (Lawyer) Judges/JPs are corrupt (some of them – especially the JPs – ALWAYS give police the warrants they ask for), police officers routinely lie in court (to the point where most of them -with a pitiful few exceptions – can’t even tell the difference between the truth and a lie after a few years), defense lawyers routinely reveal privileged information to the police/prosecutors, or deliberately do not push a strong line of defense, to help convict their own clients (there are countless innocent men in prison BECAUSE of their own corrupt defense lawyers), most prosecutors have entirely lost sight of their obligation to withdraw charges (or ask that they be dismissed in extreme cases) when they form a reasonable belief that the EVIDENCE does not support the charge (they seem to think trials are some form of “game” that they need to “win”). posh_paws (3 ) 9:58 pm, 16 Mar 09

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LOOSE LIPS SINK SHIPS Friday, 28 April 2006 The Police Commissioner Office of the Commissioner PO Box 3017 Wellington Dear Sir, Back in 1987 I complained to the then Ombudsman John Robertson about a case of Police corruption concerning a Detective Colin Irvine of the Wanganui Drug Squad and his rewarded criminal informer Jerry Cornelius. My complaint was that Colin Irvine used false information to obtain two search warrants and later failed to prosecute Jerry Cornelius for supplying information to the Police that he knew was false and malicious. The Ombudsman dismissed my complaint because Detective Irvine told him a pack of lies about me, his alleged reliable informants and his relationship with Cornelius. If you go to http://www.bentcops.org and click on 01 Home Invasion (drugs)

  allegations about Detective Colin Irvine and his probable double killer mate Cornelius were correct and that Colin Irvine lied to Mr Robertson to protect himself and his criminal informant Jerry Cornelius from justice.

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“Jack I came across your site while searching for information regarding the suppressed information in the Louise Nicholas case. I didn’t find what I was looking for, but I found the name of Jerry Cornelius. When Jerry Cornelius first arrived at the Riamaki commune up in Raetihi, he was already a valuable informer of some years standing for the police. Jerry had done some valuable work for the police in regards to the infamous Mr Asia drug conspiracy. Colin Irvine from Wanganui was Jerry’s controller and protector. You had no chance. (My emphasis) From the very beginning Jerry Cornelius intended to gain control of the land, which was known as Riamaki, as you know the rest is history. It was used to grow weed with the full knowledge of Irvine and co and this weed was later sold to the underworld via jerry who then passed on the information to Irvine and co who used it to arrest the wrong doers and put them in prison. (They call it justice) To say Jerry and Irvine were friends would be an understatement.

Evil bastard.

Are policemen who turn a blind eye to or actively avoid investigating or prosecuting a reported case of perverting the course of justice also guilty of that crime? I say YES! Jerry changed his name to James Creedmore in the early nineties to give himself a new persona but as they say, “the leopard cannot change its spots”. Cornelius often hosted members of the Wellington and Wanganui drug squads at Riamaki for “lost weekend” hunting trips. Another reason why he did what he did to keep people out of “his” valley. He made people frightened of him. He used his friendship with the police to hide his nefarious activities. Which included growing large amounts of weed that the police never officially knew about but helped him distribute while he was on the job for them. I suggest the police had an idea this might be the case but since Jerry was delivering the goods they turned a blind eye. In his own way Cornelius was very clever. Eventually the police woke up to the fact Jerry was a socio-path and as such very dangerous to them as well as to others. Jerry’s usefulness was coming to an end, and he was retired as a credible nark. But while he plied his trade he did a great deal of damage to the innocent as well as the guilty. I am lead to believe he is still on very friendly terms with Irvine. Around 1997-8 after receiving information from a very reliable source, the Ohakune police under the direction of then sergeant Mike Hill launched a very discreet double murder inquiry in the back blocks of Raetihi with Cornelius as the prime suspect. It was a very comprehensive investigation carried out of the public eye, but with the alleged murders having been committed some 20 years previously and no bodies, it didn’t get very far. But Cornelius remains the major suspect. A very difficult situation for the police to deal with. To get the police off his back and to cover his tracks Jerry eventually sold the land to Gary Rawnsley and moved north with a pocket full of cash. The last I heard (about 2000) he was living in Auckland. Those murdered were a nephew of Jerryand his friend. The nephew (Lionell Russell) was the son of jerry’s sister. She lives-lived up Whangarei somewhere. Because Jerry was the last person to see the boys alive he always maintained they had decided to go to Australia, This is the story Jerry told his sister. She lived in hope he was alive and would come back. I remember Mike Hill drove up to Whangarei from Ohakune to interview her. They had gone bush with Jerry to put in a dope plantation back in the late seventies. Sometime during that period the nephew and his friend became disenchanted with the idea of growing dope and wanted out. Because they were so far into the bush Jerry agreed to take them back to civilisation. (A couple of days hike through the bush) That was the last anybody ever saw of the nephew and his friend. The theory is that Jerry would not have trusted them to keep quiet so he shot them both with the shotgun he always carried and disposed of their bodies in the wilderness. The police started their investigation with a missing persons inquiry. This is back about 97-98 and is a matter of public record. They made extensive enquiries around the Raetihi district seeking information. There was a story about the missing pair on the television show Crimewatch and a newspaper article in the Auckland Herald if my memory serves me well. But at no time did the police make any mention of Jerry Cornelius. It was kept as a missing persons enquiry. But while all of these enquiries drew a blank, I assure you the police investigation under the control of Mike Hill is in no doubt foul play took place and the finger is pointed at Jerry Cornelius. Because of the way this all developed, concern was raised by vested interests with Mike Hill about the connection between Jerry and the police and who could be trusted (in this instance Mike Hill is the good guy) Mike assured everybody concerned this matter was being treated with upmost seriousness. When police first questioned Jerry about the missing pair he denied everything of course. But what he did was run straight to Colin Irvine to find out what was going on. Eyebrows were raised in the police ranks by Irvine’s enquiries about the case and he was kept out of the loop, strange as it may appear, It seems Irvine is not trusted by some in his own ranks. A lot of the people Jerry narked on were his friends or so they thought and would never believe him capable of treachery towards them. As far as I am aware the people he helped put in jail for his own rewards never knew of his deceptions. Jerry has always been very good at creating divide and rule. Promote confusion and doubt and offer friendship. A very treacherous man. I suggest to you Cornelius saw everyone as the enemy to be used in whatever way he deemed appropriate to further his own aims and objectives. (whatever they were) I also suggest to you the chemist shop burglary you mentioned was carried out by Jerry and he then fingered you to the cops for his own ends but also to discredit your credibility. With the cops on his side it wasn’t hard to do. Not that they knew Jerry did the burg. After the accusation is made its very hard for you or anybody to disprove. It’s a tactic Jerry used many many times to discredit those around him. It was suggested to me that jerry would steal property from one person and then secret it at the property of another, then tip of the cops. He would then sit back and play both ends against the middle. Could he have done this with you? I remember a time when he was milling native timber at Riamaki. He was having a running battle with his own son Max. Jerry hammered 4-inch nails into several rimu logs and then accused Max of sabotaging his operation. He would create the suspicion. Who after all would destroy their own property? Jerry could spin a story so well and convince the gullible as to its authenticity. Jerry would go to the pub, buy drinks for people and them tell them stories about people, places and events that were nothing but lies. I suggest to you generally speaking people have no comprehension of how “EVIL” Jerry Cornelius is.” LooseLips

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So there you have it, someone in the know but unknown to me has confirmed my allegations that Jerry Cornelius was Colin Irvine’s ‘nark’ and that Cornelius used the gullible Irvine in attempt to scare me off my civil legal action against the Riamaki Society Inc. Even though Irvine knew he had been duped by his “reliable” informant he did what all “good” cops do, he lied to all the people he needed to to protect himself and his man Cornelius. I believe it’s called noble-cause corruption. Colin Irvine therefore perverted/defeated the course of justice by lying about me and my history, the circumstances of the search warrants, his alleged informants and by not prosecuting Cornelius for supplying false, malicious information about me to the Police. He is also guilty of lying to Judge Bill Unwin. (1987) It is because of Irvine’s lies about me that my family and I have been denied our civil rights by the NZ Police since 1984. I for one am not at all surprised that certain people, a little less stable than myself, run amok when they tire of bashing their heads against the brick wall that has been erected by evil police officers to protect themselves and their equally evil criminal mates. Just think, if Cornelius had been prosecuted by Irvine for making false statements about me in 1984 his informer’s cover would have been “blown” and the killing of the two aforementioned would-be cannabis growers would not have happened. What I want to know at this stage is this; did detective Colin Irvine of the Wanganui Police ever employ/use Jerry Cornelius as an informer and if so was Colin Irvine Jerry’s controller and protector and also did sergeant Mike Hill of the Ohakune Police ever launch a murder inquiry in the back blocks of Raetihi with Jerry Cornelius as the prime suspect? This request is made pursuant to the Official Information Act 1982. Yours faithfully Jack Van Der Lubbe Wanganui. ———————————————————————————————————————– ———————————————————————————————————————–

26/4/06 Sergeant? Mike Hill Wellington District Headquarters PO Box 693 Wellington Dear Sir I have received the below information via email from a visitor to my web site bentcops.org Please correct any inaccuracies. “Around 1997-8 after receiving information from a very reliable source, the Ohakune police under the direction of then sergeant Mike Hill launched a very discreet double murder inquiry in the back blocks of Raetihi with Cornelius as the prime suspect. It was a very comprehensive investigation carried out of the public eye, but with the alleged murders having been committed some 20 years previously and no bodies, it didn’t get very far. But Cornelius remains the major suspect. A very difficult situation for the police to deal with. To get the police off his back and to cover his tracks Jerry eventually sold the land to Gary Rawnsley and moved north with a pocket full of cash. The last I heard (about 2000) he was living in Auckland. Those murdered were a nephew of Jerry and his friend. The nephew was the son of jerry’s sister. She lives-lived up Whangarei somewhere. Because Jerry was the last person to see the boys alive he always maintained they had decided to go to Australia, This is the story Jerry told his sister. She lived in hope he was alive and would come back. I remember Mike Hill drove up to Whangarei from Ohakune to interview her. They had gone bush with Jerry to put in a dope plantation back in the late seventies. Sometime during that period the nephew and his friend became disenchanted with the idea of growing dope and wanted out. Because they were so far into the bush Jerry agreed to take them back to civilisation. (A couple of days hike through the bush) That was the last anybody ever saw of the nephew and his friend. The theory is that Jerry would not have trusted them to keep quiet so he shot them both with the shotgun he always carried and disposed of their bodies in the wilderness. The police started their investigation with a missing persons inquiry. This is back about 97-98 and is a matter of public record. They made extensive enquiries around the Raetihi district seeking information. There was a story about the missing pair on the television show Crimewatch and a newspaper article in the Auckland Herald if my memory serves me well. But at no time did the police make any mention of Jerry Cornelius. It was kept as a missing persons enquiry. But while all of these enquiries drew a blank, I assure you the police investigation under the control of Mike Hill is in no doubt foul play took place and the finger is pointed at Jerry Cornelius. Because of the way this all developed, concern was raised by vested interests with Mike Hill about the connection between Jerry and the police and who could be trusted (in this instance Mike Hill is the good guy) Mike assured everybody concerned this matter was being treated with upmost seriousness. When police first questioned Jerry about the missing pair he denied everything of course. But what he did was run straight to Colin Irvine to find out what was going on. Eyebrows were raised in the police ranks by Irvine’s enquiries about the case and he was kept out of the loop, strange as it may appear, It seems Irvine is not trusted by some in his own ranks” This request is made pursuant to the Official Information Act 1982. Yours faithfully Jack Van Der Lubbe Wanganui. ——————————————————————————————————————— The offence of Perverting the course of justice is committed when an accused:- does an act or series of acts; which has or have a tendency to pervert; and which is or are intended to pervert; the course of public justice. The offence is contrary to common law and triable only on indictment. It carries a maximum penalty of life imprisonment and/or a fine. The course of justice must be in existence at the time of the act(s). The course of justice starts when:- an event has occurred, from which it can reasonably be expected that an investigation will follow; or investigations which could/might bring proceedings have actually started; or proceedings have started or are about to start. In (R v Cotter and Others [2000] TLR) it was held that ‘the course of public justice included the process of criminal investigation following a false allegation against either an identifiable or unidentifiable individual.’ The offence of perverting the course of justice is sometimes referred to as “attempting to pervert the course of justice”. It does not matter whether or not the acts result in a perversion of the course of justice: the offence is committed when acts tending and intended to pervert a course of justice are done.

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The following are examples of acts which may constitute the offence, although General Charging Principles, above in this chapter and Charging Practice for Public Justice Offences, above in this chapter should be carefully considered before preferring a charge of perverting the course of justice:- persuading, or attempting to persuade, by intimidation, harm or otherwise, a witness not to give evidence, to alter his evidence or to give false evidence; interference with jurors with a view to influencing their verdict; false alibis and interference with evidence or exhibits, for example blood and DNA samples; providing false details of identity to the police or courts with a view to avoiding the consequences of a police investigation or prosecution; ———————— giving false information, or agreeing to give false information, to the police with a view to frustrating a police inquiry; for example, lying as to who was driving when a road traffic accident occurred; ———————— lending a driving licence to another to produce to the police following a notice to produce, thereby avoiding an offence of driving whilst disqualified being discovered; agreeing to give false evidence; concealing or destroying evidence concerning a police investigation to avoid arrest; assisting others to evade arrest for a significant period of time; and making a false allegation which wrongfully exposes another person to the risk of arrest, imprisonment pending trial, and possible wrongful conviction and sentence.

  the acts wrongfully expose another person to risk of arrest or prosecution; the obstruction of a police investigation is premeditated, prolonged or elaborate; the acts hide from the police the commission of a serious crime; a police investigation into serious crime has been significantly or wholly frustrated or misled; ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Informant wins appeal. August 21, 2008 A recidivist burglar has had his jail sentence quashed and case sent back to the district court because of his role as a police informant. Conrad Gray, 24, smashed his way into the house of a Rotorua man last November and threatened him with an axe, said a Court of Appeal judgment released yesterday. Gray was sentenced in Rotorua District Court to three years and three months on charges of assault with a weapon and burglary. The Court of Appeal judgment said information about Gray’s assistance to police in a separate investigation was not brought to the sentencing judge’s attention. His lawyer had argued that Gray’s sentence was excessive when his role as an informant was taken into account. The Crown disagreed, saying his list of convictions and the seriousness of his recent offending – committed while on parole – made the original sentence adequate. But the Court of Appeal quashed it and said rather than reconsider the sentence, it should be returned to the District Court. http://www.nzherald.co.nz/category/story.cfm?c_id=30&objectid=10528195 ____________________________________________________________

1.       Terry Batchelor of the NZ Police who interviewed the Rainbow Warrior bomber suspects Marfat and Preur said this, “ I explained to them that they weren’t necessarily suspects but the fact that they were seen around the waterfront, we would like to speak to them and clear them before they flew out of New Zealand. We were quite pleasant, there was no nastiness, there was no yelling, no screaming, no raised voices, none of these things and they were surprisingly cooperative under the circumstances. If they were totally innocent I think you’d be creating a scene somehow, I think the average person would be, you know, what the hell am I doing here, I haven’t done anything wrong, we’re on holiday, this is stupid. You know these are the things normal people would do” NZ Police Applying for a Search Warrant: Section 198 fo the Summary Proceedings Act 1957 allows any person to make an application for the issue of a search warrant to any District Court Judge or Justice of the Peace or Community Magistrate or Registrar (not being a Constable). Although any person may make such an application in the past it was primarily Police or Government Agencies that applied. It is now more common, with the likes of ACC having private investigators, for other people to apply. Note: Police are still required to execute the search warrants in those instances. The majority of applications are made under the Summary Proceedings Act 1957 but search warrants can also be applied for and issued by the Registrar under various other Acts, eg: Customs and Excise Act 1996, section 167 Fair Trading Act 1986, section 47 Fisheries Act 1996 Gambling Act 2003, section 340 Prostitution Reform Act 2003, section 27 and 30 Animal Welfare Act, section 131(1) Film, Videos and Publication Classification Act 1993, section 109 Sale of Liquor Act 1989, section 177(1) Note: Fisheries refers to Right of Entry but the process is the same. Issuing a search warrant is one of the most important powers that a Registrar exercises because it allows the Police to breach an individuals human rights by searching their personal property. High priority is given to issuing search warrants, due to the need to balance civil liberties (an individuals freedom to use their property, and freedom from interference from the State) against the need to investigate crime. A Registrar is not liable for anything in the warrant that is untrue, that is if an officer swears that it is, and it is not, the Registrar can not be to blame, although the Registrar must not sign and seal anything that does not seem right. Although most applications are in writing and supported by an affidavit, if it seems proper to do so the Registrar may issue a search warrant on an application made on oath orally. But in that event he/she SHALL make a note in writing of the grounds of the application. Likewise if further information is required on a written application the applicant can be put on oath and questioned by the Registrar with a written record being kept. If the application is in relation to a solicitor or doctors practice it should be referred to a Judge, usually in chambers. The issue in relation to these cases is that of confidentiality of information. Another type of search warrant, but one which a Registrar doesn’t sign is a data search warrant. This is a warrant sought to search computer data bases of companies etc, where it becomes like spying sting on the ring involved. The Registrar will have the officer swear on the bible in front of a Judge in chambers, the Judge will sign to it, the Registrar will place on a seal on the envelope and this copy is locked away until the case is resolved (as the only other record of this undertaking) The granting of a search warrant is a judicial act – not an administative one. The Registrar must be satisfied that there is reasonable grounds for belief. Suspicion is not enough. ————————————————————————————————————————

27 April 2006 GREYMOUTH: West Coast police officer Peter James McCutcheon, 42, of Ross, has received a registrar’s remand to May 30, when he is expected to enter pleas to four charges related to alleged incidents in July and August last year. Cutcheon is charged with two counts of dishonestly using phone records and two of making false statements under oath to obtain a search warrant. ———————————————–

Bent Greymouth cop to plead guilty May 31, 2006 A West Coast police officer facing conviction on criminal charges is set to plead guilty, but he says he has no regrets. Ross Constable Peter McCutcheon has been suspended on full pay since February. He was charged with two counts of dishonesty and three of making false statements following an audit of police paperwork. McCutcheon has been in the police force for 15 years – four of those in Ross which has now been left with no local officer. The community constable is accused of abusing his police powers. It is alleged he got warrants to check phone calls being made to his girlfriend, police Constable Lynda Hine. The pair are still together and McCutcheon says he has no regrets despite the charges. “What I did was wrong, but there were other ways they could have dealt with it, but this is the way they’ve chosen so that’s fine,” he told One News. Hine was also suspended from her job in Greymouth in February and like McCutcheon has been on full pay. Police say the ongoing internal disciplinary inquiry into Hine should be completed in a couple of weeks but she won’t face any criminal charges. McCutcheon told One News that he will be pleading guilty and resigning from the police force in due course. ———————————————————————————————————————–

Police admit paying narks for drug-dealing info 30 May 2006 By MICHAEL CUMMINGS Members of Palmerston North’s criminal underworld are being paid by police to nark on drug dealers. The revelation came yesterday at the High Court trial in Palmerston North of a 40-year-old woman charged with possession of LSD for supply and possession of cannabis for sale. Patricia May Walsh was found with 235 “trips” of LSD and almost a kilogram of cannabis in the boot of her car in Stillwater Place on December 2, 2004. The jury was told the drugs are worth as much as $14,000. Walsh was also found with $1400 cash rolled up in a bundle in her pocket. Palmerston North police Strategic Crime Unit head David Thompson, said the SCU received an anonymous phone call claiming Walsh was in possession of the drugs. Under cross-examination from defence counsel Val Nisbet, Detective Thompson said some of the informants the SCU uses are from the criminal underworld and get paid for information “on occasions”. How much was not disclosed. Walsh told police she was giving a man she identified as Jason Whakarau a ride to a Freyberg Street address when he asked to stop at the Stillwater Place house to “score P”. Det Thompson told the court Mr Whakarau was “in and out of the gang scene” and affiliated to the Mongrel Mob. Acting on information from an anonymous tip-off, Detective Constable Matthew Akuhata and Constable Kimberley Hawkins of the SCU drove to Stillwater Place in an unmarked police car. Walsh walked out of the address and was intercepted by the officers. A search of her vehicle uncovered a bucket in the boot containing 935 grams of cannabis. Walsh was arrested and yelled repeatedly “f–- you Jason, you nark” toward the house Mr Whakarau was in, Det Akuhata said. Walsh told the officers she had been “framed”. A search of Walsh at Palmerston North police station found a plastic pill bottle containing granules of LSD, a class A drug. In an interview with Det Akuhata, Walsh said Mr Whakarau put the drugs in the boot of her car without her knowledge when she picked him up earlier that day. She said she picked the pill bottle up off the floor of the house in Stillwater Place, and didn’t know what was in it. Det Akuhata said to Walsh: “I put it to you that the drugs do belong to you, that you’re making this up to avoid prosecution.” “Knowing what sort of person Jason is and knowing what sort of backlash I’m going to receive for saying this, it’s Jason’s. “I’ve gone down for him in the past and I’m not going down for him again. I’m scared of Jason, he threatens me all the time. He’s making me pay to live in Palmerston North. I know what the backlash will be. He’ll order a home invasion or burn my car or something.” Walsh insisted the drugs did not belong to her. “I’m not guilty, it’s not mine.” —————————————————————————————————————————

16 February 2012 The Commissioner of Police Peter Marshall Police National Headquarters 180 Molesworth Street, Wellington. Dear Sir, Is it a fact that one time Police informer and probable double murderer James Creedmore aka Jerry Cornelius aka Philomel Cornelius has died and that he made a deathbed confession to the Police that he did in fact murder Lionell Russell and one other male in the Raetihi/Ohakune backblocks? If so would you please forward to me at the below address a copy of the said deathbed confession. Thank you. This request is made pursuant to the Official Information Act 1982. Yours faithfully, J Van Der Lubbe 22A Paterson Street, Wanganui 4500

Truckie awarded $83,754.50 and cleared of false allegations
Rob Stock10:13, Nov 02 2019

Canterbury truckie was awarded just under $85,000 for unjustified dismisal, and had his name cleared of “specious” allegations made against him by his former employer.
Canterbury truck driver Peter Adams has been awarded just under $84,000 from his former employer, which made unjustified allegations of serious misconduct against him when he lodged a claim seeking unpaid wages.
Adams took his complaint against Heavy Transport Services Canterbury Limited to the Employment Relations Authority (ERA), which awarded him $83,754.50, including $23,000 compensation for humiliation, loss of dignity and injury to his feelings.
ERA member Geoff O’Sullivan also dismissed “specious” claims by Heavy Transport Services Canterbury that Adams had behaved inappropriately at work.

The company made those allegations in its “statement of reply” after Adams filed claim with the ERA, O’Sullivan said.

“The statement in reply included very serious allegations against Mr Adams including that he had acted in an inappropriate and unprofessional manner towards other employees,” he said.
“None of the allegations or complaints had been raised with Mr Adams during the course of his employment. Further, the prime complainant retracted her statement to the respondent, in writing, which was shown to me. I was told she had made the statement under extreme pressure by Mr Radley and that the allegation was incorrect.”
O’Sullivan said Mr Radley was the director of Heavy Transport Services Canterbury, but did not give Radley’s first name in his determination.
The Companies Office register showed Heavy Transport Services Canterbury was owned by one Michael Edward Radley, who was also the company’s sole director.
Adams began work with Heavy Transport Services Canterbury in February 2018 earning $35 an hour for a 45-hour week, but during his employment, which ended in November 2018, he was only paid sporadically.
“Mr Adams was concerned regarding the inconsistency and non-payment of wages and eventually approached the director of the company Mr Radley, to make his concerns clear,” said O’Sullivan.
“He says that Mr Radley responded by advising he would dismiss two other employees to help with outstanding bills, wages and to reduce overheads. Mr Radley apparently stated that the place wasn’t paying its way and he was sick of putting money into a sinking ship.”
In November 2018, Adams was contacted by the Inland Revenue which told him Heavy Transport Services Canterbury had failed to pay Adams’ KiwiSaver, child support, and ACC levies.
O’Sullivan said Adams asked Radley what had happened, and Radley told him there had been a “break down with the Inland Revenue site and that everything was sorted”.
But the non-payments continued, O’Sullivan said.
“By Thursday, 22 November 2018, in the absence of any steps having been taken to correct the issue by the respondent, Mr Adams told Mr Radley he could not survive being paid irregularly, less than his entitlement and had had enough,” said O’Sullivan.
“Mr Radley responded by advising there was no money and that the company was a sinking ship.”
O’Sullivan found Adams had suffered significant financial and emotional harm, and that the non-payment of child support had soured his relationship with his ex-partner and child.
Heavy Transport Services Canterbury did not attend the investigation meeting, said O’Sullivan.
“I considered whether to proceed in light of the nonattendance but was satisfied the Respondent was aware of the investigation and the consequences of non-attendance,” he said.

rob.stock@stuff.co.nz

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