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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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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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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Girls’ deaths bring call for police party policy

Friday, 19 December 2008

Register helps to keep gatecrashers at bay

A Nationalpolice policy to deal with out-of-control parties is needed, after two Christchurch girls were run down by a gatecrasher, the Independent Police Conduct Authority says.
Jane Young and Hannah Rossiter, both 16, were killed and 17 others injured when a car driven by Lipene Sila, 23, ploughed into a crowd outside a late night party on Edgeware Rd in May last year.
Sila was convicted and sentenced to life in prison for their murder in June but residents in the street had complained about police being slow to disperse the party that had swelled to at least 600 people.30pm.
Though police had been monitoring the party since 8pm, they had not decided to take action until about 10.
The IPCA report issued yesterday praised the police, cleared them of any responsibility in the girls' deaths and described their actions throughout the evening as appropriate, timely, and within the law. Half an hour later, officers were 100 metres away donning riot gear when Sila drove at speed into the crowd.
But it raised concerns about the lack of specific operating procedures or a national police policy to deal with raging parties, and restrictions imposed by the law. "You can make all the recommendations you like but someone who is prepared to sit in their car, rev it up, and scream through a group of people – who could ever predict that?
"The huge irony is, had the police gone into that party earlier to close it down, I have no doubt there would be a plethora of complaints accusing them of over-reacting.
Police Association president Greg O'Connor said there were sufficient laws to shut down parties, but some, such as the often-used unlawful assembly law, could be loosened to allow police more power."
He felt the best way forward was stricter penalties for people arrested at parties just as some judges have got tough with taggers, recently sending one to jail. . In the Christchurch case, there were 300 people inside the house by 9.
Under disorderly behaviour, unlawful assembly and disorderly assembly laws, police have to prove a common purpose to break the law.30pm but, despite complaints from the public, a sergeant said the youths were "better behaved" than at most other parties and found no legal justification to close the event.30pm but, despite complaints from the public, a sergeant said the youths were "better behaved" than at most other parties and found no legal justification to close the event.

.30pm when a police van was pelted with bottles and youths were seen leaping into the path of cars

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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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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.