[imc-wellington] Police Brutality is real and does happen. Proof.

[Mingus Casey]

Hello,
The following is intended for distribution and publication, as you view
appropriate.
I feel the PCA and Police have had every opportunity to resolve this matter,
and have failed, and as such the time is now ripe for this.
If further information is required, feel free to contact me via email.
This is only the half of it.
As the people this have been sent to include media representatives, lobby
groups and politicians who I generally view as representing justice and
hopefully truth, I hope this attains the desired response.
Obviously, if you are a Politician, your right to protest will be honored,
and I support that.
If you know of someone who should receive this, and has not, I suggest you
forward it on.
I would like to emphasize the fact that I value the *right to political
protest*, as is clearly defined in our *Bill of Rights*.
I am a resident of Wellington, however am unwilling to give my address
unless via direct email from appropriate party and with good reason.

Story below:



On October 17th 2006, I attended a peaceful protest outside Te Papa.


 The Police assaulted me while I was present, on video, and the IPCA has
failed to find any proof of the assault based on testimony from Officer's
present.

The truth is self-evident, and the majority of Officer's presents testimony
can be validly discredited via the process of looking for statements that
are falsifiable.


 This incident is indisputable due to video evidence.


 Unfortunately I have been unable to recover high definition video of the
incident, and am left only with low resolution footage of the assault in
question.

On the same day, I saw Police Officer's pull peoples hair, kick people when
they were down, punch people, shove people, in general terms the standard of
the Police was the lowest I have ever seen it.

I have recovered witness testimony from People at the protest who can attest
to these events.


 On the following day, with the memories of the previous day clear in my
head, I watched as Police rapidly advanced towards a crowd of protectors,
and a good friend of mine was violently tackled by the Police.

While this was occurring, a great deal of noise erupted from all parties,
and I linked arms with my friend in passive resistance in order to slow down
or stop what was happening, self defence against perceived illegal action.

After I was untangled and arrested, I was rapidly asked "Do you have any
drugs on you," "Do you have any weapons," neither of which I had.

I feel they would have felt much more confident about prosecuting me
successfully had I had either of the above on my person.

I was charged with "Obstructing a Police Officer," and was taken through the
courts over this matter.

At the time this incident occurred, I had long dreads.

This second incident was also recorded on video and high definition footage
is available.
Later, a Police Officer, Derek Aldridge alleged that I shoved him while
linking arms with the person being tackled, I refute this allegation and
submit that the video evidence of this incident clearly shows any such
allegation to be false.

In order to strengthen this matter, I have applied to Te Papa museum under
the OIA Act to receive further video of the incident, as while it may be the
opinion of Officer's in question that no assault happened, and their actions
were entirely legitimate, I strongly dispute this viewpoint, and the
credibility of those who hold it, and wish to obtain further evidence to
strengthen this viewpoint.

Unfortunately, Te Papa is currently in breach of OIA Act law with regards to
this matter, and I have not received any video footage from Te Papa in
response to my reasonable Official Information Act request.


 I was offered diversion after my arrest, and refused diversion due to the
belief that I was innocent based on the facts of the matter, legal advice
given to me by Peace Action Wellington's Legal adviser, Somali Young, and my
Legal Aid lawyer, Mark Lillicoe.
I believed the Police had acted unlawfully by not announcing their
intentions prior to the tackle, and that their previous violence towards
protesters left me in no doubt of their capacity for illegal action.


 The matter came to trial, and I clearly remember responding "Yes," when my
lawyer asked if I had been punched in the face by an Officer.

The Judge, Judge Jan Kelly, immediately scowled at me and said "That's
contradictory evidence," as two serving Officer's, Officer Andrzej Kowalczyk
and Derek Aldridge had previously given evidence.

At this point, I alleged that these Officer's had lied and exaggerated on
the stand.

I feel, that this point of contradictory evidence detracted from my
credibility sufficient to lose the case, as I was perplexed as to the
outcome.

Later, Judge Kelly found in her Judgment that while I had an honest belief
that the Police were acting unlawfully, it was not sufficiently reasonable,
a clear mistake in the law as I understand it.

An honest belief that the Police are acting unlawfully is a legally valid
defense against the charge of Obstructing a Police Officer.

I was sentenced to a Conviction and an order to write an apology to Derek
Aldridge for allegedly pushing him.

After consulting further with my lawyer, he advised me to not write an
apology, as the Police have a habit of viewing apologies as proof of guilt.


 A short time after, I filed for an appeal against conviction and sentence,
based on the fact that I had an honest belief that the Police were acting
unlawfully, a reasonable belief under the circumstances.

The appeal went to court on September 4th 2007, and while there, with my new
lawyer, my lawyer advised me that I had a choice, between compromising and
going for a Section 106 application, or alternatively, defending the charge
and risk either a criminal conviction or getting away completely.

I chose compromise, as I have a peaceful nature and do not seek conflict.

A Section 106 was granted, which is legally deemed to be an
acquittal/quashed.


 I had immediately after the incident, filed a complaint with the PCA,
alleging that I had been assaulted.

As you know, this complaint was denied by the Police, and no evidence to
support this allegation was found from anywhere within the Police force,
until I supplied video footage of the assault to the PCA.

Having viewed my PCA file, and feeling disgruntled at the lies from Police
contained within, I contemplated taking a private suit against the Police
over this assault and the damage I felt it had caused, and contacted my
current lawyer with regards to this idea on November 3rd, 2007.


 On November 7th, 2007, two Police officers *"alleged"* to smell cannabis
outside my house, and invoked the Misuse of Drugs act.

I am currently facing one charge of Possession Class C, (allegedly 1.5
grams, two joints) and Police are strongly opposed to any compromise, have
strongly opposed diversion regardless of the fact that the alleged level of
offending is incredibly minor, allegedly occurred within my own home, and
that there may have been medicinal reasons for it.

The Police are also adamantly opposed to a Section 106 discharge, or any
outcome apart from either a drug conviction, which may have serious
consequences in various areas of my life, or a defended hearing.

This is, obviously, a waste of the Courts, and Judge's, and ultimately you
the taxpayers time and resources, which I am sincerely sorry for, as I have
no intention to waste any ones time, or money.

It could have easily been a diversion or section 106 matter, however with
strong opposition and a Judiciary that meets me with hostility, I feel that
those options are not available.


 I think the moral of this story is, if you complain against the Police they
will get you.

I feel this clearly shows that the Police are quite capable of covering up
and distorting reality, along with discrediting people who complain against
them via various means, whether fair or foul.

Excuse the language.


 I swear the above is a true and honest account of recent events.


 Mingus Casey

23rd May 2008.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.indymedia.org/pipermail/imc-wellington/attachments/20080523/85030c48/attachment.htm