Two a penny

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A mother accused of failing to provide the necessaries of life for her 11-week old daughter was suffering from post-natal depression, her doctor told an Auckland today.

Tahani Mahomed was admitted to hospital with severe head injuries on December 28, 2007. She died on New Year’s Day. The Crown alleges he broke her leg by apparently twisting it violently and inflicted head injuries that caused brain damage.

Her father, Azees Mahomed, 31, is accused in the High Court at Auckland of murder and two counts of resulting in his baby grievous bodily harm.

The South African-born couple had not been able to explain to police how Tahani received her injuries.

He and his wife Tabbasum, 26, are also charged with failing to provide the necessaries of life.

Crown prosecutor Phil Hamlin said the baby’s head had been forced violently against a hard, “unforgiving” surface.

She was a new immigrant without any family support, living in poor housing, with two children under two-years-old, he told the court.

The family doctor, Mushfiq Ahmad, said there were many factors which were likely to have contributed to Tabassum Mohamed having post-natal depression. She was having to study to keep her visa and keep up with her duties at home.

He wrote her a medical certificate because she was over-burdened and appeared not to be coping.

Dr Ahmad said he received an emergency phone call from her at 5. She also missed paediatric appointments.56am on December 28, 2007.56am on December 28, 2007.

He agreed that was the case.

Paul Borich, defending Tabassum Mahomed, asked Dr Ahmad if she sounded very concerned and worried about Tahani’s condition.

“Are you sure you expressed the urgency to Mrs Mahomed about getting to a doctor straight away?” Mr Borich asked.

He said because the child was non-responsive, she should have gone to a doctor straight away.

Nurse Lesley Kazula was working at Middlemore Hospital when Tahani was admitted. .

Ms Kazula said Tahani was semi-conscious, with her eyes partly open and her hands clenched.

She said Mrs Mahomed told her that her baby wasn’t eating.

When she asked Mrs Mahomed if Tahani had looked like this before, she said “when she gets a fright”.

“She looked quite underweight and seemed unwell and thin,” Ms Kazula said.

Paediatrician David Montgomery also saw Tahani that night at Middlemore Hospital.

Paediatrician David Montgomery also saw Tahani that night at Middlemore Hospital.

He told the court she was receiving oxygen through a mask, with additional breaths administered by staff.

“The child was extremely lethargic and not responding normally. “She was having periods of becoming very stiff, extending her arms and legs and scissoring them over each other.

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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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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

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Winston Peters still has VIP car

By ESTHER HARWARD – Sunday, 01 February 2009

When it'sover, it's time to say goodbye. But Winston Peters' attachment to his government-issued car endures.
The ex-MP's ministerial car, a 2005 Ford Territory SUV, is still parked outside his home in Auckland's St Mary's Bay.
Internal Affairs confirmed his was the only car not returned by ministers ousted in last November's election.
The car has a "VIP" sticker in its window and appears to be in use. He said the police should be called to recover the vehicle.
Act leader Rodney Hide was outraged Peters still had the car three months after being voted out of parliament.
"This has never happened before. Winston Peters it's always been about him, and he thinks everyone owes him a living. MPs from all parties have respect for the taxpayer.
"First of all, start off with a fact and not a tissue of lies as well, on your first question," he told the Sunday Star-Times before adding: "Now don't be a numbskull."
Peters was irritated yesterday at fielding questions about the car, after its presence was flagged on blog sites. Stop indulging in lies and stop wasting my time. If you want to believe a whole lot of blog sites and Rodney Hide, and every other twit in town, go right ahead." He then hung up." He then hung up.
A department spokesman said Peters had been overseas, and had been talking about buying the car but now wasn't which had delayed arrangements for its return. It is supposed to be back with Internal Affairs officials to be allocated to another minister or sold.
"He has given the car back, it's simply a question of us arranging to collect it at a time when someone's able to give us the keys. He said the department would send a VIP driver to Auckland with another driver to bring the car back to Wellington. "We wouldn't have expected any significant use of vehicles in this time."
He didn't know if Peters was driving the car at taxpayers' expense. . We don't think any use is likely to affect the value or is likely to be very significant.
The car would probably be sold because it had been driven a lot.
He said there was no particular date for returning cars, and agreements were "all on the basis of being reasonable".

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Wellington ‘superpub’ closes after six months

Thursday, 08 January 2009

Receivers have closed the doors at The Temperance bar less than six months after the first pint was pulled in what was billed as Wellington's "superpub".
Black plastic bags cover the windows at the pub, official home of the Hurricanes and Wellington Lions rugby teams and supporters.
The Temperance opened to fanfare in July when it was championed as New Zealand's largest pub.
While it is turning a profit, head leaseholder DB Breweries was concerned about the way the $4 million complex was being managed.
It has three bars and a micro brewery which straddle the block between Blair St and Cambridge Tce.
A report from the receiver is expected to be with DB today, and the bar is expected to reopen under the brewery's guidance ready for the weekend.
"DB has stepped in to protect our investment and the outlet by putting in place a receiver and removing the owner," DB spokesman Andrew Campbell said.
The Temperance was partly bankrolled by the brewery, which subleased the property to bar owner Andrew Gibson. "It's not a massive figure but when coupled with the way the outlet was being managed .
Mr Campbell said DB was still owed money. . ."
Mr Gibson admits rent and loan repayments are owing but said management had been solid. it has got to the point where some action had to be taken.
"It would be fair to say it has been a financial strain on us as a group but to say it has been mismanaged, I don't think that is correct or fair.
"It would be fair to say it has been a financial strain on us as a group but to say it has been mismanaged, I don't think that is correct or fair."
He said financial stress started when construction of the bar went over budget by $1.
"I think the reality is that DB has jumped the gun a little bit.
"It is hard to get out of that.9 million. Part of the proceeds went to pay construction costs at The Temperance. .
Mr Gibson still owns Jays Bar and Cafe in Johnsonville and The Loaded Hog on the waterfront. He is also selling another bar, The Big Kumara, in a deal to be sealed tomorrow. "We have an excellent relationship with DB Breweries, which is a longstanding partner of Wellington Rugby and the Hurricanes.
DB believes The Temperance's future is rosy, a view backed by Wellington Rugby chief executive Greg Peters."

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High-speed chase ends in arrest

By JEFF TOLLAN Timaru Herald Wednesday, 24 December 2008

JOHN BISSET/Timaru Herald
End of the road: Police inspect the Subaru Legacy station wagon involved in a high-speed chase from Geraldine to Temuka yesterday.

Policeare relieved no one was killed in a high-speed chase in South Canterbury yesterday when the car they were following reached speeds in excess of 150kmh. They were led around the Temuka and Geraldine area, through the Temuka township, country roads and riverbeds before a 22-year-old Christchurch man was eventually caught.
Six police cars from Timaru, Geraldine, Temuka and Pleasant Point were involved in the chase which began shortly before 2pm. The way it was being driven had caught the attention of police.
It started after the grey 1992 Subaru Legacy station wagon failed to stop for a patrol car on State Highway 79 outside Winchester. About four police cars, one a mufti car, had chased the car along Earl Rd toward Winchester, "going hell for leather", he said.
One man who saw the chase said the vehicle being pursued "wasn't going to stop for anyone".
The alleged offender avoided road spikes set up by police and then headed through Temuka, down Richard Pearse Drive. .
"The roads he was on didn't have much traffic.
Constable Simon Izard said most of the pursuit was not high speed.. If it had been heavier . We are very pleased that he hasn't brought anyone else into this.. Mr Izard said the passenger was taken into custody while police determined what had happened."
A passenger in the car had managed to get out, although it was unclear when.
The instruction came just after the man turned left into Guild Rd, past Opihi College.
About 25 minutes into the pursuit, police s were told by Southern Communications to abandon it, Mr McErlain said, "as a result of the manner in which he was driving and the danger to the public posed by the offender's driving".
Certain that the alleged offender had not crossed the Rangitata River, police focused on back roads near Temuka, Orari, Winchester and Rangitata.
Police set up a grid, covering roads near Clandeboye and surrounding areas, the State Highway, riverbeds and bridges.30pm.
Mr McErlain said that due to the network of cordons, the vehicle was spotted by another checkpoint shortly after 3.
Mr McErlain said the driver was charged on a warrant of failing to appear at court in Christchurch, driving while disqualified, failing to stop for red and blue flashing lights, dangerous driving, possession of cannabis and burglary.
Mr McErlain said the driver was charged on a warrant of failing to appear at court in Christchurch, driving while disqualified, failing to stop for red and blue flashing lights, dangerous driving, possession of cannabis and burglary.
After the pursuit had been called off, police had reported sightings of the man at Clandeboye. During the time the man was hiding, police allege he hid at a rural property and stole meat from the resident's freezer.
As police looked through the man's vehicle at the property, the rough journey the car had been through was evident.
The front windscreen had shattered, the front passenger's and the side mirror had popped out. The driver's wing mirror had a swastika symbol smeared on it.
Two police cars had minor damage.
Last night the arrested man was transferred to the Timaru police station.

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Outrage over students using park for sex

By AARON LEAMAN – Monday, 01 December 2008

Allegations of high school students using a Hamilton park for sex during school hours were heard at a meeting of concerned residents yesterday.
About 50 people attended a community meeting at the Hillcrest Scout Hall to discuss ways of curbing anti-social behaviour at the adjourning Hillcrest Park.
One elderly resident told the gathering that she and her husband had seen teenagers dressed in Hillcrest High School uniform having sex on a park bench.
The woman, who did not want to be named, told the she had lived next to the park for 46 years and was shocked by the teenagers' antics.
On another occasion, students were seen having sex under a park tree. If I'd been there I would have put the hose on them," she said.
"Earlier this year my husband told me he saw two students having sex on a park bench in broad daylight when they should have been at school.
The "lovebirds" didn't make any effort to hide their behaviour, she said.
Residents said they were also concerned about binge drinking and drug use in the park, as well as tagging, rubbish being set on fire and young people doing "burnouts" in the carpark.
Yesterday's meeting was organised by resident group Hillcrest Park Guardians and was sparked by the recent assaults on two 11-year old girls. .
Senior Sergeant Lance Tebbutt urged people at the meeting to report all suspicious or inappropriate behaviour to police.

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The residents group plans to meet with Hamilton City Council staff later this month to identify ways to make the park safer

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Widow sues to get body

By MARTIN VAN BEYNEN – Tuesday, 18 November 2008

A Christchurch widow who says her husband's body was stolen by his Maori relatives has begun a fresh bid to have the body returned.
Denise Clarke, the widow of James Takamore, 55, who died in Christchurch in August last year of an aneurysm, has applied for a court order forcing Takamore's mother, Neho, his brother, Donald, and his sister, Josephine, to disinter the body from its burial place in Kutarere close to Whakatane.
In one of the case's first salvos, in the High Court in Christchurch yesterday, the Takamore family sought to have the venue for the case, both for filing and trial, transferred to the High Court in Rotorua.
Her legal argument is that as executrix of Takamore's will, she had ownership of the body and the casket in which it was buried and is therefore entitled to their return to carry out her husband's wishes to be buried in Christchurch.
If the trial was held in Christchurch the large whanau of the defendants would find it difficult to attend, she said.
Counsel Moana Tuwhare told Associate Judge Jeremy Doogue the material act which should determine venue was the burial in the Bay of Plenty. The experts they intended to call were busy people and would find it difficult to find the time to travel.
All the defendants resided in the Bay of Plenty and were working full-time. His client did not say cultural factors were irrelevant but had considered these against the other competing interests. .
The judge reserved his decision on the venue.
Although the case was obviously important to Maori in the Bay of Plenty it was of interest to the whole country, he said.

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Wind farm opponents face millions in costs

– Thursday, 18 September 2008

Wind farm opponents could face court costs running into millions of dollars for a failed attempt to overturn resource consents granted for two high-profile Otago power schemes.
The High Court in Dunedin has thrown out the Upland Landscape Protection Society's bid for a judicial review of the granting of consents for TrustPower's Mahinerangi wind farm and Meridian Energy's Project Hayes scheme.
The ORC and the Central Otago District Council did the same for Project Hayes.
The Clutha District Council and the Otago Regional Council (ORC) approved consents for Mahinerangi.
Proceedings for the judicial review started in April, before an Environment Court hearing appeals against both schemes began.
The councils responded to the society's bid with an application to strike out the review.
The Environment Court appeal over Project Hayes has been adjourned until early next year to allow the court to consider the cumulative effects of two wind farms in the region.
The appeal against TrustPower's wind farm was subsequently dismissed, although TrustPower has been directed to show precise locations of wind turbines.
In his ruling on Tuesday, Justice Fogarty said he was "left in no doubt that this application for judicial review cannot possibly succeed" and that it should now be struck out.
On behalf of the society, Ewan Carr had argued that photo simulations of both schemes had not accurately shown the true effects of the wind farms on the environment.
It was "inconceivable that the High Court would, at this late stage, intervene and set the whole process back several years, to start over again", the judge said.
He said he would have asked the society to put up about $130,000 as security for costs if he thought the proceedings should continue.
The judge ruled the five defendants the three councils, Meridian and TrustPower were entitled to costs, which could be filed jointly by September 30 or separately by October 17.
The court recognised it was in the public interest for power companies to increase generating capacity, especially with low hydro-lake storage levels this winter and in previous years. "It (the review request) always seemed like stretching an extremely long bow.
TrustPower spokesperson Graeme Purches said the total costs were likely to run to millions of dollars.
Carr said the society would speak to its lawyer today, but it was likely it would appeal against the decision. The outcome is hardly surprising," he said. Our initial view is that this decision effectively truncates the public participation process," he said.
"We think he (the judge) has approached this from the wrong basis.