Two a penny

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Convicted double murderer John Barlow has lost his final bid to have his convictions overturned, as the Privy Council in London ruled against his appeal today.

The five law lords that heard Barlow’s appeal tonight announced that while he had an arguable case, on the evidence he was properly convicted by the jury. ….that, while the introduction of the misleading evidence..Barlow’s lawyer Greg King appealed to the council in February to have the murder convictions quashed.was indeed a miscarriage, no substantial miscarriage of justice actually occured,” the judgement said.The Privy Council said while the introduction of the “misleading evidence” was a miscarriage “no substantial miscarriage of justice actually occurred”.Mr King rubbished FBI forensic evidence that led a jury to send his client to prison.Mr King’s first victory was for the law lords to hear the petition for special leave to appeal, and to consider evidence the New Zealand Court of Appeal would not hear when it denied Barlow an appeal in March last year.After twice going through trials that ended in hung juries, Barlow was jailed for the murder of Wellington father and son Eugene and Gene Thomas, who were killed in 1994.Mr King told the law lords that crucial evidence relating to the weapon and bullets that killed the Thomas’ had been falsely linked to Barlow, a former antiques dealer, who is serving 14 years in Upper Hutt’s Rimutaka Prison.Mr King told the law lords that crucial evidence relating to the weapon and bullets that killed the Thomas’ had been falsely linked to Barlow, a former antiques dealer, who is serving 14 years in Upper Hutt’s Rimutaka Prison.The Crown case in all three trials hinged on proving that Barlow’s CZ27 pistol, and related bullets and a silencer, was the murder weapon.The tests have since been discredited worldwide for providing a high number of false matches.

Mr King said he would make a comment after reading the full court ruling.Mr King would not comment on the Privy Council’s verdict tonight.

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The future of Michael Jackson’s children was thrown into question Thursday when his ex-wife emerged and won a delay in a custody hearing while she decides whether she wants to raise her two offspring.

It was the first legal move from Deborah Rowe since the entertainer’s death. Jackson’s will asks for his mother, Katherine, to get permanent custody of all three of his children. She is the mother of his two oldest children and received US$8.

Rowe, who met Jackson as a receptionist in the office of his dermatologist, has characterised their relationship as strictly for the purpose of birthing Jackson children. His youngest child was conceived with a surrogate.5 million in their divorce, according to court records.

She has spent very little time with her son Michael Joseph Jr, known as Prince Michael, 12; and daughter Paris Michael Katherine, 11.

Rowe’s attorney, Eric M George, said Thursday she had not decided whether to seek custody. But Rowe also has opposed the idea of Katherine Jackson getting custody of her children when it came up in the past.

The identity of the surrogate mother of the singer’s youngest child, 7-year-old son Prince Michael II, has never been revealed.

Superior Court Judge Mitchell Beckloff rescheduled a guardianship hearing for July 13 at the request of attorneys for Rowe and for Katherine Jackson, 79, who has temporary guardianship of her son’s children.

Randy Phillips, chief executive of AEG Live, which owns the Staples Center and was Jackson’s promoter, said tickets would be free.

Jackson’s public memorial was set for 10 am Tuesday at the Staples Center in downtown Los Angeles, according to a press release from the office of the Jackson family’s publicist. . He was not sure how they would be distributed.

“If you can imagine 100,000 people show up and you have 20,000 capacity (at the Staples Center), there is not sufficient room. A week after the singer’s death, the location for a memorial has not been finalized and the cash-strapped city doesn’t have the money to pay police overtime. With the July Fourth holiday weekend “it’s the worst time . Now you have a crowd-control problem,” he said…”

. to work something out

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What’s left of Anthony Valvoi’s shattered jaw has been wired back together and he faces the prospect of being left deaf in one ear after another unprovoked attack in Hamilton on Saturday night.

The 19-year-old is also angry that the attack on him and his mates, Kieran Burton and Josh Ford, also both 19, on Tainui St, off Lake Rd, happened less than 100 metres from police, whose actions he says were “blase”.

Mr Valvoi, who now faces a liquid diet for the next six months, said the trio were walking into town about 11.

Three of the five men, who he said were all well-dressed, got out of the car and started making friendly conversation when Mr Valvoi was suddenly hit on the side of the face from behind.20pm when they were approached by a carload of large Maori or Pacific Island men asking for a cigarette.

Mr Valvoi, a Waikato Hospital theatre sterilising technician, underwent four-hour facial reconstruction surgery on Monday, to wire his jaw back together.

The blow sent Mr Valvoi to the ground, then Mr Ford was punched in the face before they grabbed Mr Burton, pushing him against a wall.

“The jaw behind my right ear is fake, just metal, there’s no jaw.”

Mr Valvoi said if the piece of broken jaw had moved one centimetre further up, he could have suffered “massive brain damage, even death”. They had to cut it off because it shattered and it went up into my eardrum.

“They were dragging me up the road yelling, ‘help, help’ and the police were just standing there, staring.

Following the attack, Mr Ford and Mr Burton took Mr Valvoi who had managed to write down the registration plate of the attackers’ car to the close toby police. We had to get right up to the doors of the (booze) bus before anyone would help us. We crossed the road in front of cars, which were beeping at us, all my clothes were completely covered in blood.”

Mr Valvoi said police then told his friends to “throw him on the ground and we’ll call an ambulance”.”

Mr Valvoi said police then told his friends to “throw him on the ground and we’ll call an ambulance”. “It’s quite a worry.

Mr Valvoi’s father, Rodney, was also disturbed by the incident.. It’s just commonplace now . and they can do it in plain view of police.. .”

However, Waikato road policing manager Inspector Leo Tooman is defending the actions of his staff…”

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Mr Tooman said his staff were very concerned about the state of Mr Valvoi and the amount of blood which was coming profusely from his mouth.”

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Mr Tooman said his staff were very concerned about the state of Mr Valvoi and the amount of blood which was coming profusely from his mouth.

Officers immediately put an alert out on the car registration number. However, a search at that time had proven unsuccessful but inquiries were continuing, he said.

He said given the location of the booze bus in relation to where the attack happened, it was unlikely that the police could see it happening.

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Just two hours before police took Tony Veitch back to Hamilton’s central police station for treatment yesterday after his latest suicide bid, the shamed broadcaster sent a desperate text message to .

“I am done,” Veitch said in the text to sports editor John Matheson at 1.01pm.

“I can’t do this anymore.

“This has now totally destroyed me.

A family friend told last night Veitch had been left distraught that many commentators and talkback callers had questioned his levels of remorse since his Auckland District Court appearance on Thursday.”

Veitch begged to publish an email he had sent to Kristin Dunne-Powell in November 2006 which stated his desire for his ex-partner to have a happy and successful life.

He pleaded guilty to assault with reckless disregard resulting in injury, and was sentenced to 300 hours’ community service and fined $10,000.

Veitch wanted the email which he refers to in the text as “my final statement” published in full by . Six other assault charges were dropped.

She said she wanted Veitch to say sorry.

On Thursday night Dunne-Powell told TV3 Veitch hadn’t shown any remorse after he attacked her in January 2006.

It all became too much for him at about 12. Veitch contends as per the November 2006 email he has apologised.30pm yesterday when he left his Remuera, Auckland, home in his car.30pm yesterday when he left his Remuera, Auckland, home in his car.

“The family were very concerned about his state.

“He went into a panic attack and disappeared.”

Police sources last night said that at 1. We called the police to find him and he was found about four hours later at Ngaruawahia.

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Half a dozen police cars were sent to the area to search for him.42pm officers picked up a Vodafone signal from his phone at Brownlee Avenue in Ngaruawahia.

By about 3. .

He was pulled over and taken to Hamilton Police Station.15 a drowsy Veitch was spotted driving in the opposite direction of a police unit.

Last night, Veitch’s distraught wife Zoe issued a plea for the media and public to “back off” her husband.

Last night, Veitch’s distraught wife Zoe issued a plea for the media and public to “back off” her husband.

“The inordinate amount of stress on Tony would devastate anybody, let alone someone who is suffering from extreme depression and suicidal thoughts,” she said.

“It has now reached a level where it is intolerable and now I am begging that both the media and the public back off.

“Enough is enough. Please let us at least attempt to move on and get Tony well.”

Veitch was last night in the care of family.

Yesterday’s suicide attempt is the third known time Veitch has tried to take his life.

In a letter to the judge overseeing his case, Zoe said there were at least another five times when she feared for his life.

The first attempt came in September last year when reported Veitch was rushed by helicopter from a remote Northland farm to Auckland Hospital after police were forced to smash into his car to free him.

And then in January this year, he was rushed to Thames Hospital after going missing late at night in Pauanui on the Coromandel coast.

Police discovered the ex-broadcaster in a “distressed state” among sand dunes and a paramedic found he had taken an overdose of tablets.

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He’s got a beard to rival Samson or Jesus himself but a Wellington Kingdom Come extra is bristling at the latest delays for the epic movie.

Michael Romanos of Silverstream, who lives near one of the film’s sets in Trentham, signed up to be an extra in the movie about the life of Jesus last year.
He has not had a haircut in seven months and began growing his beard before Christmas.
The nearby set on the site of the former General Motors plant near the Trentham racecourse had seen little action all year, he said.
“I was told to make myself as shaggy as possible,” he said. .
Containers were stacked up on the set for use as backdrops, a series of steps had been built and what appeared to be an ancient pool had been created.
Of four phone numbers he had been given by casting agents, none were being answered though two promised a return to work by January on their voice messages, he said.”
In the meantime, his beard was driving him crazy and he wanted it gone as soon as possible. “The communication links are abysmal. There were a couple of nights there where I woke up in the middle of the night and couldn’t get back to sleep.
“I’ve never had one before.”
If he had not heard from anyone by the middle of next month, he would shave it off and start again when he heard more news, he said. It felt like I had a mask on and I couldn’t get rid of it.
Despite the inconvenience, the more hirsute look was not all bad news for the would-be actor.
Despite the inconvenience, the more hirsute look was not all bad news for the would-be actor. Sets in Miramar and Maupuia have been empty since before Christmas.”
Kingdom Come has been repeatedly delayed by financial troubles.

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American spokesperson for the movie Ernie Malik said again last week that the project was “on track” and more details would be issued soon

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Murder accused suspected ex of abusing daughter

By LYN HUMPHREYS – Wednesday, 25 February 2009

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Cindy Fairburn: Denies she murdered her former partner by driving into the path of another car.

The woman accused of the body-on-the-bonnet murder decided to kill her ex-partner because she suspected him of molesting their little daughter, a Crown lawyer told the High Court in New Plymouth yesterday.
Cindy Fairburn, 38, is alleged to have deliberately driven into the path of an oncoming car as Darin Paul Maxwell, 42, clung on to the bonnet.
The impact with the Isuzu was so severe, Mr Maxwell was flung from the bonnet and through the windscreen of the Isuzu.
The story of the 13km wild, crazy ride on State Highway 3 on August 6, 2007 unfolded in the High Court in New Plymouth yesterday.
Mr Maxwell died in the ambulance on the way to Taranaki Base Hospital.
His extensive injuries included bleeding lungs, a foot almost amputated, fractured legs and a deep cut on his shoulder.
The Isuzu's driver also suffered life-threatening injuries but survived after weeks in hospital.
An infection resulted in a return to hospital where a leg was amputated.
Fairburn herself was knocked unconscious and critically injured, spending 15 weeks in hospital.
Fairburn's lawyers argue that her actions on the night were solely those of a woman defending herself from Mr Maxwell.
Fairburn, who quietly wept as the jury trial started yesterday, has denied murdering her former partner and dangerous driving injuring the Isuzu driver, whose name is suppressed.
In response to her child's unusual cry after she was put to bed, Fairburn had gone in to her baby's room to find her tucked up in her cot, but without nappies and her nappy and pants neatly folded at the end of the cot.
In opening, Crown prosecutor Cherie Clarke said Fairburn had been angry and upset since the Saturday before the fatal impact.
In her mind, he had sexually abused their two-year-old daughter, Miss Clarke said.
In her mind, he had sexually abused their two-year-old daughter, Miss Clarke said.
When told by police that Mr Maxwell would not be arrested immediately, she was angered, saying he should not be allowed to get away with it.
She reported the incident to police, taking them a cot sheet, hairs she said were pubic hairs she had found on the floor next to the cot and the underblanket so they could use them as evidence.
On the Monday, the baby was examined by a paediatrician who found no evidence of a sexual assault and ESR tests weeks later found no evidence of semen on the baby's bedding, Miss Clarke said.
The accused had told a friend that if police were not going to do anything, she would.
She had left the bar and he had somehow ended up on the bonnet of her car, Miss Clarke said.
That night, she encountered Mr Maxwell at the Heritage Bar in Inglewood.
She then drove at speeds up to 120kmh on the open road with Mr Maxwell still clinging to the bonnet, Ms Clarke said.
Other drivers on the road that night described how Mr Maxwell was slipping and sliding across the bonnet as she veered across the white line on the main road in Inglewood, cars on the opposite side having to steer hard left to avoid her.53pm, close toly at the Mangorei Rd intersection, she suddenly and violently swerved her car directly into the path of the Isuzu which was travelling towards Inglewood, Miss Clarke said.
At 9.
Weeks later, Fairburn told police that she had got a fright when he jumped on the bonnet outside the hotel yelling and screaming.
Weeks later, Fairburn told police that she had got a fright when he jumped on the bonnet outside the hotel yelling and screaming.
She had not wanted to stop the car in case he jumped into the car.
She said she had no memory of the collision.
The couple's history included a charge of Mr Maxwell threatening to kill her and the toddler in 2006.
But she withdrew her allegations saying she was concerned about his suicidal tendencies and she was charged with making a false statement. .
Defence lawyer Pamela Jensen said self-defence would be argued.
The accused did not murder Mr Maxwell nor did she intend to injure the Isuzu driver.
When she drove her car that night, the sole purpose was to defend herself against the actions of Mr Maxwell, Ms Jensen said.

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Counsel continue planning for Bain trial

by MARTIN VAN BEYNEN – Saturday, 21 February 2009

Counsel on both sides of the David Bain trial will have to carry on burning the midnight oil, despite the prospect of the trial being dropped altogether.
With only five working days left before the scheduled start of the high-profile trial in Christchurch, lawyers in the prosecution and defence teams do not know if the trial will go ahead.
The High Court in Christchurch has this week been hearing a defence bid to have the murder charges against Bain dismissed or the proceedings against Bain stayed permanently.
Both teams have been working overtime to get ready for the trial start date of March 2.
They indicated a decision would not be available until the end of next week. .
The defence team will spend Monday in the Supreme Court in Wellington arguing it should be granted leave to appeal a Court of Appeal ruling on evidential issues. cannot reveal the submissions made at the hearing as a result of a blanket suppression order on pre-trial argument pending trial. A huge media contingent is expected for a trial that is expected to last at least three months.
The trial, if it goes ahead, will be held in the High Court in Christchurch before Justice Panckhurst. Bain's supporters, who include former All Black Joe Karam, maintain David's father, Robin, was the murderer.
Bain was convicted at a Dunedin trial in 1995 of murdering his two sisters, his brother and his parents.

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Counsel continue planning for Bain trial

by MARTIN VAN BEYNEN – Saturday, 21 February 2009

Counsel on both sides of the David Bain trial will have to carry on burning the midnight oil, despite the prospect of the trial being dropped altogether.
With only five working days left before the scheduled start of the high-profile trial in Christchurch, lawyers in the prosecution and defence teams do not know if the trial will go ahead.
The High Court in Christchurch has this week been hearing a defence bid to have the murder charges against Bain dismissed or the proceedings against Bain stayed permanently.
Both teams have been working overtime to get ready for the trial start date of March 2.
They indicated a decision would not be available until the end of next week. .
The defence team will spend Monday in the Supreme Court in Wellington arguing it should be granted leave to appeal a Court of Appeal ruling on evidential issues. cannot reveal the submissions made at the hearing as a result of a blanket suppression order on pre-trial argument pending trial. A huge media contingent is expected for a trial that is expected to last at least three months.
The trial, if it goes ahead, will be held in the High Court in Christchurch before Justice Panckhurst. Bain's supporters, who include former All Black Joe Karam, maintain David's father, Robin, was the murderer.
Bain was convicted at a Dunedin trial in 1995 of murdering his two sisters, his brother and his parents.

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Man, 28, charged over brothel robbery

Wednesday, 11 February 2009

A 28-year-old man has been arrested and charged with the robbery of a Wellington brothel.
Il Bordello, in central Wellington, was held up by a man wielding a sawn-off shotgun on Sunday night. He demanded cash from the receptionist and reportedly escaped with several thousand dollars. .
A man, formerly of Wanganui, was arrested by police – including the Armed Offenders Squad – at an apartment in the Wellington suburb of Mt Cook last night. Police also allege a firearm was involved in threats made against the woman.
The man also faces several other serious domestic violence charges against a female victim, including kidnapping.
Mr Borrell said police had recovered an amount of cash but were still examining for the firearm.

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Information from members of the public had helped Wanganui and Wellington police track the man down, he said

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Low-key Waitangi after attack on PM

By FLORENCE KERR in Waitangi – Friday, 06 February 2009

PETER DRURY/
SONG AND DANCE: The Aute Samoa Tyrell Family, including Analise Tyrell, foreground, were among the first stage acts at Hamilton’s Waitangi Day commemorations at Innes Common.

There was a peaceful dawn to Waitangi Day celebrations in Waitangi today and a low-key start to Hamilton's commemorations at Innes Common.
In stark contrast to yesterday's kerfuffle, in which Prime Minister John Key was attacked by two men as he prepared to enter Waitangi's Te Tii Marae, thousands attended the morning service at the Upper Marae today without incident. .
A karanga rang out at 5.
He gave thanks to those who signed the Treaty for their "hope and courage" for a better New Zealand, while Labour leader Phil Goff also gave thanks for a safe country.
Mr Key was asked to lead the thousands in prayer.
But not all were happy with the Treaty's status, with one Ngapuhi elder telling the crowd: "The Treaty was signed at 1."
In Hamilton a cultural showcase of music and dance performances, designed to celebrate the city's ethnic and cultural diversity, and hosted by Te Runanga O Kirikiriroa, was expected to attract about 4000.30pm on February 6, 1840 it died at 6pm that night.
Meanwhile a 19-year-old and a 33-year-old were remanded in custody until Monday after they appeared in Kaikohe District Court on assault charges against Mr Key.
Groups performing included those from the India NZ Global Association, Waikato Filipino Association, Scottish country dancers, African Children's Gospel Choir and Knights of the Dub Table.
"They grabbed my shoulder and my arm but it happened very quickly.
"I was confident the situation would get under control pretty quickly," Mr Key said. They pulled one guy off then the second guy came and tried to push me back. They pulled one guy off then the second guy came and tried to push me back.
Kingitanga spokesperson Tom Moana said King Tuheitia was enjoying his time in Waitangi as part of Tainui's first royal presence at the events since 1990 and the multi-denominational service was "interesting"."
One of the men told reporters he was angry that the Maori Party had formed a coalition with National.

. Mr Moana said the Kingitanga had not ruled out an appearance next year