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Dixon sees chance in web lapse
– Sunday, 21 December 2008
Murderer Antonie Dixonwhose case has already cost taxpayers close to $1 million is likely to seek a third trial, claiming at least one juror searched for information about him on the internet during his retrial.
Dixon went on a drug-fuelled crime spree in 2003 attacking Renee Gunbie and Simonne Butler with a samurai sword.
In 2005 Dixon was convicted of murder, kidnapping, firing a machine-gun with intent, and using a firearm against a police officer, but the Court of Appeal quashed the convictions last year, ruling the summing up by Justice Judith Potter contained major errors of law.
Before the sword broke, Dixon cut off one of Gunbie's hands and partially severed both of Butler's arms, then shot dead James Te Aute with a home-made sub-machine gun and took another man hostage.
A Legal Services Agency spokeswoman said the total cost of Dixon's defence was not yet known as his lawyer, Barry Hart, had not filed all of his invoices, but Dixon's first trial had cost $212,510 and the bill for the second was expected to be about the same.
In August the 40-year-old was retried and again convicted of murder, and he is due to be sentenced in February.
Dixon is understood to be considering filing a new appeal on the grounds that at least one member of the jury used the internet during his retrial. . Williams allowed the trial to continue.
During that hearing, Crown solicitor Simon Moore told Justice Hugh Williams that there was an allegation a juror or jurors had conducted their own investigations on the internet.
It is unknown what information the juror or jurors allegedly lifted from the internet or if what they found was shared and used to reach guilty verdicts, but the internet contains extensive coverage of Dixon's trials and criminal history.
Moore said that despite Williams' "very strong direction" to jurors against using the net, there was "apparently at some stage an incident but in the judge's view it obviously wasn't significant enough to trouble the process".
But legal experts have said this advice was oftenly ignored and the issue needed further research.
Before hearing evidence jurors are shown a video by court staff instructing them to rely only on evidence they see and hear in court, and the message is reiterated by trial judges.
Overseas, trials have been aborted after evidence emerged of jurors surfing the net, but Auckland University law professor Scott Optican said he had not heard of a case here.
There have been a number of recent cases in New Zealand where printouts of internet material have been found in jury deliberation rooms. He said he wanted advice on the extent of the problem and what the ministry was doing to address it.
Last night Justice Minister Simon Power said he would meet officials tomorrow, and would raise the internet issue.
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Hart yesterday said he was "really concerned" about jurors' use of the internet to research information about defendants
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Kiwi on Thai drugs charges
Tuesday, 16 December 2008
MICHAEL TOPFFER
DRUG CHARGES: Kiwi racing driver Peter Scharmach could face 20 years in a Thai prison.
AKiwi racing driver could face up to 20 years in a Thai prison after being arrested for allegedly attempting to sell drugs in a Phuket nightclub.
Peter Scharmach, 44, was arrested early on Saturday after he left a popular nightclub at Patong Beach in his car and was stopped for a routine check at a police checkpoint.
German-born Scharmach, who has New Zealand residency and who is well-known in New Zealand motorsport circles, was charged with possession of drugs with the intent to sell.
Thai police say they discovered a small amount of methamphetamine, ecstasy and cannabis, as well as five small sealable plastic bags, foil-paper and plastic tubes used to inhale or smoke the drugs.
A New Zealand Embassy spokesman in Bangkok confirmed yesterday that a New Zealand resident had been arrested in Phuket. He was freed on bail. He said Scharmach had not approached the embassy for consular support.
His lawyer, Siwa Bol, said Scharmach had asked police to release his passport so he could travel to Germany for business reasons before he returned to Thailand to face court on January 13.
In photos taken just after his arrest, Scharmach was shown seated and flanked by Thai police officials, with money, cellphones and bags of drugs on a table in front of him.
"I told him, 100 per cent, you will not go to jail," Mr Bol said.
Mr Bol said Scharmach had pleaded not guilty to the charges, on the basis that he was a businessman who did not make a living from dealing drugs. He said Scharmach, who could face 20 years in jail, had been in Thailand for six days and local police were still "trying to check his background".
Lieutenant Colonel Sriwiwat of Kamala police in Phuket, said the drugs seized, combined with the equipment, "show that Mr Scharmach had the intention to sell the drugs".
People in the New Zealand motorsport industry who know Scharmach have described him as an "man of mystery"; and as a "very wealthy" person who globetrotted the world taking part in Mini challenge races.
People in the New Zealand motorsport industry who know Scharmach have described him as an "man of mystery"; and as a "very wealthy" person who globetrotted the world taking part in Mini challenge races.
A Foreign Affairs and Trade Ministry spokesman said at present there were 62 Kiwis imprisoned overseas for offences that included wilful damage, violence charges and drug offences.
A friend said Scharmach was a New Zealand resident and was married.
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New Zealand embassies also provided advice and help for a further 127 Kiwis arrested overseas in 2006 and 2007
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Off-duty ambo helps in emergency birth
By JO McKENZIE-McLEAN – Thursday, 11 December 2008
A Christchurch woman received two very special early Christmas presents after she helped a woman in labour on the side of a busy road.
Volunteer ambulance officer Kaira Forbes, 27, and her partner, John Smith, were travelling along Main North Road last Thursday when a car sped past. The car's driver was sounding the horn and flashing hazard lights. My other half wound down the window and asked if everything was OK, and the man said, 'my wife is having a baby'.
"I knew something wasn't right and managed to catch up with them after roadworks held them up. "I thought, 'oh my God I've never delivered a baby before'."
Forbes explained that she was an ambulance officer and the two cars pulled over outside St Bede's College. I didn't tell them that though."
Forbes rang the St John Ambulance communication centre and got the expectant mother ready for delivery in the back seat of their car. She was in major labour pains and the contractions were three minutes apart. They asked if her waters had broken and I said 'no', then she screamed out, 'yes they bloody have'.
"South comms asked if I had ever delivered a baby before and I said, 'hell no'."
With the contractions one minute apart, two ambulances arrived. . Forbes said that while en route to St George's Hospital, the baby was delivered on Papanui Road outside KFC. Forbes said that while en route to St George's Hospital, the baby was delivered on Papanui Road outside KFC. I am not one to expect gifts I do that sort of stuff because I care.
"I was blown away with the voucher."
If you know the family contact Press reporters (03) 943 2827. I would be happy just to meet the mother and baby.
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99-year-old woman assaulted at home
By CLIO FRANCIS – Thursday, 13 November 2008
Police have revealed that the elderly woman seriously assaulted in her Palmerston North home overnight is 99 years old.
Police were alerted to the attack after neighbours heard screaming coming from the victims home at around 2am. She is currently being assessed at Palmerston North Hospital, and her condition is described as comfortable.
They found the woman suffering from injuries to her arms and legs. .
A 20-year-old Palmerston North man was arrested shortly after police arrived at the scene.
Police would like to hear from anyone in the Rangiora Avenue area who may have heard or seen anything suspicious late last night or early earlier today.
Detective Senior Sergeant Craig Sheridan said incidents of this kind were incredibly rare, and hoped that the early arrest would be reassuring to the community.
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Family marks missing woman’s birthday
By JO McKENZIE-McLEAN – Friday, 31 October 2008
A quiet family meal at home marked the 29th birthday of missing Christchurch woman Tisha Lowry yesterday.
Tanya Lowry, Tisha's mother, said even though her daughter was absent, the family still wanted to celebrate her birthday.
"It's doubly sad because she went missing on a Thursday the same day five weeks ago," she said. She walked down Wainoni Road to her Hampshire Street home.
Lowry was last seen on September 25 after visiting the Bower Tavern in Avondale with her grandfather.
Detective Senior Sergeant Virginia Le Bas said police were still working through possible sightings of Lowry, but all so far had been eliminated.
Police believed Lowry arrived home but left without her personal belongings, including her cellphone and bag.
Tanya Lowry was upset at the lack of information coming forward. I am sure the police are doing their best, but someone out there knows what's happened," she said. "It's been really awful. Each day I wake up and hope to hear something and I don't.
"I am not getting through each day very well at all. I can't really get on with anything. Every day is pretty much the same for me. People say you still have to live your life . People say you still have to live your life . I cannot live it the way it was. ."
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Police push to register prepaid cellphones
Tuesday, 28 October 2008
The number could be up for criminals who hide behind the anonymity of prepaid cellphones.
Police are calling for all prepaid customers to be registered on a national database, to stop pay-and-go phones being used by criminals – who believe there is no way to trace the user and know the phones can be disposed of easily.
Detective Senior Sergeant Darrin Thomson, from the Wellington metro crime unit, told The that prepaid cellphones provided a "significant challenge" for police investigating high-profile serious crimes and crime groups.
Phones are available over the counter in New Zealand without buyers having to identify themselves or give traceable credit card details."
Mr Thomson said adopting a system similar to Australia's – where all phone buyers would have to present a passport or other official form of identification at the point of purchase – would help catch criminals.
"The use of prepaid cellular phones is a common use amongst the criminal fraternity, particularly at the higher level, and anything that would help us thwart that anonymity would be fabulous."
The call for change comes as officials in Britain plan to extend the powers of state surveillance by ensuring everyone who buys a mobile registers their identity on a national database.
"We've got a point of contact straight away, which is a really, really good thing.
Vodafone has a customer base of more than two million accounts, of which about 70 per cent are prepaid.
Vodafone spokesperson Paul Brislen said it would support a government-mandated industry-wide scheme to introduce a compulsory register of prepaid phones in New Zealand.1 million mobile customers, about 60 percent prepaid. .
Mr Thomson said police were continually liaising with the Justice Ministry and telecommunications companies to enhance the ability to fight crime. Spokeswoman Rebecca Earl said the company was open to discussions about a register.
He envisaged the register would be available for telecommunications companies who have people misuse their product, or for police investigating crimes. Creating a register for prepaids would be "no different" to a White Pages or Yellow Pages service. People who are going about their lawful business, which is a great majority of the community, have got nothing to worry about.
"I certainly don't think that this is a system to be implemented that would be abused – it's no different from you and I having a landline.
She said the commission would expect to be involved in early talks on any such proposal."
A Privacy Commission spokeswoman said the commission would follow developments in Britain with interest, but questioned whether the "extensive collection of cellphone user information" would achieve the aims sought.
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Front vows to return despite clash
Monday, 27 October 2008
Members of the extreme-Right National Front have vowed to return to Wellington for an annual flag ceremony next year despite heated protests.
Up to 120 people clashed in a rowdy standoff between National Front members and anti-fascist demonstrators in Wellington on Saturday.
National Front members switched their ceremony to the Seddon Memorial in Parliament Grounds at the request of police but the left-wingers followed them there.
National Front members had planned to meet at the Cenotaph to commemorate what they called "national flag day", but demonstrators beat them to it, staging a picnic protest at the site.
Two left-wing protesters were arrested for disorderly behaviour after a scuffle close to the railway station.
Police formed a barricade between the groups, who tried to shout each other down. "There's no way we're going to be stopped holding it.
A National Front spokesman said his organisation – known for its hardline anti-immigration policies – would not be put off holding the event again next year.
"We need those freaks. We won't be bullied into anything."
Inspector Simon Perry said police had been aware of the potential for trouble between both groups since "running battles" broke out in 2004. If we don't have them there, we don't get publicity. ."
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Parents urged to stop calling, texting kids in class
– Monday, 15 September 2008
Parents who cannot leave their children alone are being urged to stop ringing and text messaging students in class.
Cellphones that were seen or heard in class would be confiscated, Avonside Girls High School parents were told in a newsletter this month.
Principal Theresa Shaughnessy was reluctant to talk about the issue and, despite the note to parents, said she was not aware of a problem.
"Please DO NOT phone or text your daughter during class time," the newsletter said.
"I'd just like to think that they would think before they text during the course of the school day.
Riccarton High School principal Phil Holstein urged parents to contact the school through traditional methods. She would only text or phone her daughter at lunchtime."
New Zealand Parent Teacher Association president Amanda Meldon said cellphones were a good way to stay in touch with children, but they had to be used by parents responsibly. This is what we all did in the days before cellphones.
"If anything was that urgent, I would have rung school and said, `can you go and get my daughter out of class'.
"Does your child need to know that you need bread on the way home? It's a fine line."