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J P's under investigation

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A Formal complaint against two Wellington Justices of the Peace has been referred to the Chief District Court Judge for investigation.

This follows a hearing in the Porirua District Court yesterday when JP’s Mike Fokker and Dame Ruth Lamb presided over a depositions hearing for what is being described as a test case involving an alleged breach of a domestic protection order.

The prosecution followed the publication of material on the Internet revealing the identity of a person accused of being a welfare cheat. In a surprising move, the JPs refused to admit the complete original decision of the Court into evidence , stating that they were only dealing with the order resulting from the decision.

Notably, the contentious decision referred to an application for a restraining order to prevent the defendant from contacting official agencies with whom the applicant had a consumer relationship with and making complaints about her.

The defendant argued that the complainant was acting in a fiduciary capacity and he had every right to continue to challenge the integrity of someone acting as his trustee, which resulted in a 15 October 2002 ruling from Judge Geoffrey Ellis stating that he was not satisfied that the Court had power to make an order in terms as sweeping as those suggested and he declined to make an order relating to the allegations of benefit fraud.

In a move described as diabolically unethical, Mr Fokker refused to allow the complainant to give any evidence relating to the veracity of the complaint of welfare fraud and advised the complainant/witness against incriminating herself, leaving the NZ Police in the novel position of pursuing a prosecution against someone for bringing a long standing and substantial fraud to the attention of the community.

Another serious matter for the Chief Judge to consider is the appearance of bias, given Mr Fokker’s close relationship with former Attorney-General Margaret Wilson, who was also critically referred to in an item on the same web page

Comments

Re: J P's under investigation

"The prosecution followed the publication of material on the Internet revealing the identity of a person accused of being a welfare cheat."

Cheatin on welfare? Good on them!

Re: J P's under investigation

Yahoo...thanks to Mike Fokker & Dame Dawn it seems crime does pay, and kudos to the Police for turning a blind eye!

Re: J P's under investigation

"""Yahoo...thanks to Mike Fokker & Dame Dawn it seems crime does pay, and kudos to the Police for turning a blind eye!"""

they all learned this from Helen Clark & Dow Chem in NP.