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Crown tries to have article removed from Indymedia

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Indymedia received today the following email requesting the removal of the article on recent terror raids defendants denial of a jury trial.

Dear Sir/Madam

A whois search reveals that you are the administrative contact for the website indymedia.org.nz

I am a lawyer in the NZ Crown Law Office.  The Solicitor-General has been alerted to the indymedia website as it is currently displaying an article, and related posted comments, concerning a decision of  Winkelmann J in the High Court at Auckland [....] in the case of people charged with Arms Act offending. The article is the first on the site, and is entitled [...].  

The High Court decision at issue is suppressed.  Justice Winkelmann also expressly suppressed “any commentary, summary or description of it”, including on the internet or on other publicly available databases. The decision is suppressed until the trial has been completed or  UNTIL FURTHER ORDER OF THE COURT.

I write to advise that in our view indymedia is currently breaching the suppression order. We respectfully request that you, or someone else responsible for the content of the site, remove the article in question and all posts relating to it which may breach the suppression order.  I annex to this email a copy of the front page of the judgment so that you may assess the terms of the order for yourself.

Madeleine Laracy

Crown Counsel

AttachmentSize
907926_cover_page_of_judgment_of_winkelmann_j_dated_9_december_2010.pdf133.48 KB

Comments

Dear Madeleine Laracy

Dear Madeleine Laracy,
How efficient you are down at the crown law office when it suits your agenda. For arguments sake please answer one simple question:

Question:

Why did it take almost a year to have the spin doctored, sensational and inflammatory article 'the terror files' removed from the stuff website?


Answer:

Because there was no political will to do so as it served the crown case and the police. Added to which, the police never sought to prosecute fairfax as it served you all.


You are the criminals, the liars, the spin doctors and the hypocrites.

  Kia Ora FTC, I

 

Kia Ora FTC, I agree.

 

 'Madelaine' you can go and shove her 'annexes' and her pro-capitalism-made-law-language 'BY THE ORDER OF THE COURT' somewhere else.FTC is right, the hypocrisy is brilliant-its funny how those greedy ones with 'more resources' always 'find a law' to protect.

"Added to which, the police

"Added to which, the police never sought to prosecute fairfax as it served you all."

 

FWIW, Fairfax were taken to court charged with contempt, so you aren't right at all there.

 

Personally, I think the Indymedia crew should leave the article up as it is - however, I'm not the one who would be putting themselves legally at risk if that was done, so it's not my call to make.

Added to which, the police...

What I said is correct.

"Added to which, the POLICE never sought to prosecute fairfax as it served you all."

The police never charged Fairfax, it was the Solicitor General who finally hauled them into court a year after the fact... And lost. In what can only be described as lose/win win/win situation, after all if the Solicitor Gereral had won there would have been a stronger case for a stay based on pre-trial publicity, making the other crown case weaker or possibly fall over.

 

 

Scoop's taken its article

Scoop's taken its article down, but there are about three others still there.  Wonder if Mad Larceny's been talking to them?

This to me looks like a token

This to me looks like a token gesture by the crown law office to tick a box that they tried. If it were serious it would come from the solicitor general and at least have a contempt threat added to it. Something to be aware of I think as this type of thing can sometimes backfire on activists.

George Rangiaho
Ngati Rongo
Te Rohe o Ngai Tuhoe
"End the Norman occupation of the Urewera"

The reason the Crown wants

The reason the Crown wants this suppressed is because the NZ public would question why this was being done in secret. What agenda the Crown had to remove the right to a jury for charges which should be  heard at the District Court. Perhaps they would tie this to the fact that the Crown has spent millions of tax payer funds to try prosecute activists and now want any way to have a little more control over the outcome.

Also old Trev at NewZeal was not prosecuted for breach of suppression orders despite having photographs of all the defendants up online.  

Yeah I do understand that

Yeah I do understand that point IHB, I am just suspicious that they are not following their own protocols on this matter, therefore for instance, giving a token gesture to the suppressed leak may be their way of covering their arses when they in fact want it leaked or may secretly have more to gain from it being leaked.

What could they gain from that, well maybe the perception of over exposure of the trial in the lead up might be grounds to turn down a challenge if the defendants appeal the courts ruling in this case where they have been denied their right to a fair trial.

I bet if these people appeal this piece of judicial despotism they may find the crown law office using this leak on Indymedia as 'part' of their argument that the jury pool has been poisoned or some bullshit like that, therefore even if the higher courts find that the defendants do have a right to a fair trial instead of a trial by judge alone, they could then use the crowns argument as an out for them.

Sounds over devious, but they are a bunch of devious bastards the lot of them.

Anyways just an opinion. Either way I agree with what others are saying in the other korero, if the crown can keep the jury out of this trial they have a better chance at getting traction on what should be an open and shut case.....no case to answer for.

█████ ██ █ ████ everything

█████ ██ █ ████ everything ███ █████ is█████ ████ ████ fine ████ ███ █ ██████ love. █████ ███████ ███ your █████ ████ government

Freedom of expression - yeah right

There will always be laws, regulations, cases and rulings pulled out for the political, economic, social elite to justify and enforce their interests. If a common, poor, average person tries to get justice it usually is an uphill battle often leading to nothing much. Thanks to Crown Law for reminding us about the realities in this society!

  Ae, crown law is part of

 

Ae, crown law is part of the capitalist system-the sooner its abolished the better.Bring back the TRUE rulers of this country-MAORI CHIEFS.Imperialism, Capitalism-what SHOULD be AOTEAROA is built on those two evils.This land (whenua) is sacred.But the 'economists' see no end to exploiting resources unsustainably.Complacency is not called for now if you can help it.

Aroha, BT