Can we get a judge alone trial dismissed beforehand because the policeman that charged failed his duty of care, put

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Customer: Can we get a judge alone trial dismissed beforehand because the policeman that charged failed his duty of care, put detainee in unlocked cell , let escape and then charged him with escaping custody, even though he presented himself back at the station after a cul of tea?
JA: Have any charges been filed? If so, when is the next court date?
Customer: Charges were filed, then docs lost, prosecution was ordered 8 months later to provide disclosure, disclosure provided in late Nov 2 court appearances self represent, Amacus was appointed, some charges have been dismissed,
JA: In what state did this occur?
Customer: New zealand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Need to get it dismissed before judge alone trial on 4th of may
Answered by Chris The Lawyer in 29 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

If you have a lawyer then they should apply to have the charge dismissed before the trial but you may be running out of time. It could be dealt with at the beginning of the trial ho

Customer
Hi, thanks. We are on the Chatham Islands, Wellington district court judges and others to come to the island for court sitting on 4th may.
Customer
Requested a ph call but system wont let me put correct ph number in for landline
Is 03(###) ###-####
Customer
Would not allow me to put landline number, no cellphone coverage here.
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Chris The Lawyer, Expert

The phone call is an extra cost. But you won’t be able to get the charge dismissed as there won’t be a judge available until your hearing date. It’s common to apply for dismissal before the trial actually starts

Customer
There is a long list of of abuse of powers and process, dishonesty, harrassment and bullying over the 2 years or so the policeman was stationed at the chathama.
My son is also dislocating his shoulder frequently and awaiting specialist appointment, has allready had one mercy flight from chathama to ch ch.
And another dislocation 2 days ago, that the hospital here finally manage to put in, is there a chance of getting it adjourned so he doesn't need to appear on the 4th
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Chris The Lawyer, Expert

Is he still on the Chathams? Or is he is Christchurch? What sort of charge is he facing and does he have a lawyer?

Customer
No lawyer, 2 charges 1 charge refusing blood test, but that was unlawful arrest from within hotel policeman had undue and overzealous personal vendetta, had told my son over the phone that he would get duty solicitor to adjourn hearing, then waited 3 weeks without telling my son and arrested him at the hotel for warrent for not appearing, also then wanted blood test which was refused,
Took my son to cell, intentionally left unlocked so he would leave, then charged him with escaping custody.
My son presented himself back at the station after having a cup of tea.The policeman failed to notify or inform re warrent for non appearance, he knew where we lived, knew our phone number, it's a small community, policeman needs to be charged in his private capacity for unlawful actions.
Customer
Whilst these charges were in play but we had had no disclosure, appeared at court to be told they did not have the paperwork.
Mt son then had an accident, which hospital took blood test and another charge of suspected excess blood alcohol.
He has not reinstated his nz drivers license, so did not at that time of said accident have a nz drivers license in the system.
Customer
We are on the Chathams
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Chris The Lawyer, Expert

Those matters can come out in a trial. Refusing the blood test can be difficult because you need to comply and a refusal is an offence on its own. There are lawyers who go with the judge to the hearings on the Chathams-it would be useful to brief one. Otherwise you need to get disclosure. I assume driving is needed where you are. But a combination of the refusal and the blood test mean you better trying to negotiate the sentence rather than trying to defend those charges. The escaping and breach of bail may well be dropped if he pleads to the main offences

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Chris The Lawyer, Expert

I do know where the Chatham Islands are and know a lawyer who goes there for some trials

Customer
Can it be adjourned till after shoulder is stable and sorted or are we able to apply for dismissal pre judge alone trial.?
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Chris The Lawyer, Expert

I do not think the shoulder issue would be grounds for an adjournment. You can ask for the charges to be dismissed before the trial starts but you would need carefully prepared submissions on why they should be

Customer
I dont have cel phone reception for text.
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Chris The Lawyer, Expert

I can see your questions on my computer and you can reply using your computer

Customer
Blood test request unjustified because officer got my son from inside the hotel, not driving, its ludicrous.
Then we ended up in Wellington, court hearing and Amacus appointed , couldn't return back to chathama for a month until next hearing, another hearing in Wellington, then free to come back to chathama,
Then hearing at chathams, another Amacus Blake Dawson from Wellington. Some charges dismissed but rest carried over for judge alone trial on 4th of may.
Have left a message on Blake Dawsons ph but no reply as of yet.
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Chris The Lawyer, Expert

Blake is a good lawyer, and you should keep trying to get hold of him

Customer
Right how can we get these carefully prepared submissions sorted.
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Chris The Lawyer, Expert

Usually it is best to brief a good lawyer, but if Blake is on the job, then it will be his decision about those

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Chris The Lawyer, Expert

The issue will I assume be whether the actions of the police officer affect the legality of the blood alcohol charges

Customer
Blake was Amacus, so that is friend of the court isn't it? My son self represented with statements written and handed to judge.
So we still dont have lawyer.
I will call him again , I am doubtful anyone will be able to get seat on plane this late to come to trial.
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Chris The Lawyer, Expert

That could be an issue I agree. Do you know if Blake is coming over for the trial?

Customer
The officer on chathama at time of accident was great.
It is the other previous officer stationed at the chathama that was harrasing, and bullying, displayed actions beyond his mandate.
Customer
My son seems to think he said he wasn't coming the next court day
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Chris The Lawyer, Expert

Whether his behaviour is enough to get your son off the charges is hard to say from the limited information which I have. I am not certain it will be enough however. The bot***** *****ne the judge may find is that your son chose to drink and drive

Customer
The current policeman told me he had noticed something in the paperwork that should be able to dismiss before trial, but he didn't elaborate.
Customer
Were talking about different incidences here,
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Chris The Lawyer, Expert

There appear to be two cases, the refusing a sample, and later, some time later, the hospital blood test. He is likely to get convicted on those and lose his licence and get a fine

Customer
there's no paperwork we can serve to court here? Do we just go to judge alone trial, try get dismissed before start of trial? And if judges do we then appeal?
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Chris The Lawyer, Expert

But I have not seen any of the file

Customer
more than a year apart
Customer
He does not have a license to lose
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Chris The Lawyer, Expert

Whether the police acted correctly does not alter the fact your son had been drinking and driving on two occasions. Isnt he better off taking the sentence for those?

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Chris The Lawyer, Expert

Especially if he does not have a licence anyway

Customer
How does that work when he currently had not reinstated his nz drivers license during any of that timeframe.
Customer
The drinking and driving is questionable as alcohol consumed at hotel after driving
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Chris The Lawyer, Expert

The sentence would be that he would be disqualified from holding or obtaining a drivers licence. As I explained earlier, refusing to give a sample is an offence on its own. The other charge with a blood sample would be a clear offence

Customer
This one policeman actions have cost over 20,000 in lost wages and put my sons fit and proper for obtaining skippers ticket in jeopardy all because our previous policeman targeted him as the Villian, so he could play night in shining armor. Which sounds weird but he did have a complex and really did physically dress up in medieval gear and do fighting, he even went to world tournament, is unfit to provide unbiased duty of care or process.
It's all getting a bit much.
Customer
I will probably choose to attend court myself to address the matters at hand and leave my son safely sitting in my vehicle outside court house. How will that go do you think?
Customer
Will the prosecution acknowledge right to subrogation?
Customer
Thanks so much for your help, I will keep trying to get Blake by phone and get more clarity of how to proceed.
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Chris The Lawyer, Expert

You can help your son as a McKenzie friend. Its hard to say how this would work however. Your son will need to be in court however

Customer
Thanks
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