Christchurch biker wrongly convicted of rape gets $350,000 compensation

[scissorhands]

A Christchurch man who spent two years in prison for rape before having his conviction quashed is to receive $351,575 compensation, the Government confirmed today.

Aaron Farmer served two years of an eight-year sentence after a jury found him guilty of raping a 22-year-old woman in Sydenham in September 2003.

He was freed in June 2007 after the Court of Appeal ruled that alibi evidence was not presented to the jury, and a retrial was ordered. The Crown decided not to go ahead with a retrial after DNA samples from the woman excluded Farmer.

Associate Justice Minister Nathan Guy today apologised for the ''devastating wrong'' and losses Farmer suffered, and said the Crown accepted his innocence.

''These losses include his loss of liberty, loss of reputation, loss or interruption with family or personal relationships, and mental and emotional harm. The payment also acknowledges that some of the questions or suggestions put to Mr Farmer during his police interview were criticised by the courts.

"While the Crown's apology and offer of compensation can never completely make up for the trauma and loss Mr Farmer has suffered, I hope it can go some way in helping him and his family put this very difficult experience behind them,'' Guy said.

Farmer's mother Bev today put the blame squarely on police for her son's wrongful incarceration.

''I believe the police that were concerned were looking for an answer and they chose Aaron. They showed a photograph, apparently to the woman, who was making the accusation and she picked him out of the photographs,'' she told Radio New Zealand.

She believed police had gone out to set up her son, who suffered from Asperger's Syndrome, ''right from the start''.

''I thought that justice was justice. I now know it isn't.''

She said the written apology by the Government was important to the family to prove her son's innocence to people still unsure if he committed the crime.

''[The conviction] destroyed our lives... it took everything.''

Police told Farmer his DNA was on the woman, ''which of course it wasn't - so they lied to him even in his interview'', Bev Farmer said.

She now resented the police force.

''I will never trust a policeman again. I am angry and I don't think I will ever lose that.''

Farmer, 41, who is living on benefits and splits his time between Feilding and Christchurch, said he was considering buying a house with the money or spending it on his motorcycle. He had received support and insults from people who had recognised him since he was freed.

"I've got some good people around the place who have been very good to me."

The keen motorcyclist said he had planned to travel the world on his motorbike before he was sent to prison, but he was "getting a bit old now".

Farmer said he would like an explanation from the woman who made the accusation.

from http://www.stuff.co.nz/dominion-post/news/national/4885266/Man-wrongly-jailed-for-rape-gets-Govt-payout

Aspergers syndrome has been around awhile now, you would think the cops would impute that during interviews. Obviously not, what a bunch of thick cops. What a fuck up.

On top of the $350k compensation, this has prolly cost the taxpayer a cool million. Well done lads.

Then there was the media face of looting, another CHCH aspie found with a lampshade and 2 light bulbs while in a condemned building. All the while the demo companies are helping themselves to real belongings. Great work fellas:facepalm::facepalm:

Why am I upset?:violin:

I have aspergers and have suffered this same irrational prejudicial judgement from bullys AND cops. This week I was wrongly accused/bullied by a fellow surfer in front of the pack while out in the waves. I fucken blew him up for a good half hour in front of the crew, what a prick.

I wonder when the cops will WAKE UP and realise that an aspie will not respond the same as a neurotypical during interview, and any tell tale clues of guilt will be very hard to decipher unless said officers ARE TRAINED to work with aspergians.

Aspergers Syndrome is on the increase.


How long before the NZ police get round to dealing with autistic suspects correctly after a crime?:blink:

[scissorhands]

Check out the articles and media as they subtlety deflect criticism away from the police and onto the victim.

I bet she was encouraged into picking out Aaron Farmer from the photo.

Shame shame shame NZ Police

If it wasn't for Farmers mum Bev, that kid would still be rotting in prison, where he didnt speak for 2 years due to the trauma.

[miloking]

http://www.stuff.co.nz/national/crime/4885266/Man-wrongly-jailed-for-rape-gets-Govt-payout

"The keen motorcyclist said he had planned to travel the world on his motorbike before he was sent to prison, but he was "getting a bit old now".

Farmer said he would like an explanation from the woman who made the accusation. "



Hmm....another shocking story of how police can ruin mans dreams, and i always say they hate motorcyclits and nobody believes me....

[oneofsix]

http://www.stuff.co.nz/national/crime/4885266/Man-wrongly-jailed-for-rape-gets-Govt-payout

"The keen motorcyclist said he had planned to travel the world on his motorbike before he was sent to prison, but he was "getting a bit old now".

Farmer said he would like an explanation from the woman who made the accusation. "



Hmm....another shocking story of how police can ruin mans dreams, and i always say they hate motorcyclits and nobody believes me....

think the woman had more to do with ruining his plans, the police acted on her evidence. Although I must admit the police do seem to have a nasty habit of screwing the forensics as per the Bain case.

[Virago]

The insinuation that he was framed for being a motorcyclist is rather tenuous. Time for a chip on the other shoulder?

[CookMySock]

Farmer said he would like an explanation from the woman who made the accusation. "[/I]This is a very normal response for an aspie - after any horrific treatment, tearfully but genuinely ask why she would do such a horrible thing.

People are savage animals, and aspies have to accept this terrible truth and reserve their childlike and loving trust for those who prove themselves to be trustworthy, or at the very least not lavish it on the entire of society and make themselves vulnerable by it.

A horrible story.

[onearmedbandit]

and i always say they hate motorcyclits and nobody believes me....

That's fucking brilliant that is...

[scissorhands]

think the woman had more to do with ruining his plans, the police acted on her evidence. Although I must admit the police do seem to have a nasty habit of screwing the forensics as per the Bain case.

Farmer had an alibi (service station video showing he was elsewhere)that his first solicitor- the duty solicitor, did not include in evidence.

Farmers clothing, lack of chin stubble, fact he does not drink or smoke(when rapist smelt of both according to victim statement), rapist bike had white mudguards (Farmers bike had dark coloured mudguards) as per victim statement, plus quite a few other forensic facts...where all placed aside by police.

In the end the DNA from under victims fingernails and cervix forced a retrial. Initially, at first, DNA testing was unavailable to Farmer?? Why??

[scissorhands]

Hmm....another shocking story of how police can ruin mans dreams, and i always say they hate motorcyclits and nobody believes me....

I wonder why? Get real, cops dont hate bikers. They just dont know how to handle aspies:yes:

[maxlev]

Initially, at first, DNA testing was unavailable to Farmer?? Why??

because a result is more important than a level playing field?

[MSTRS]

Initially, at first, DNA testing was unavailable to Farmer?? Why??

Because the rozzers 'had their man'. Why complicate things?

[slofox]

Yet another case, in a long line, of NZ Police inventing a criminal.

"Anything for a conviction" eh boys?

[Maha]

Yet another case, in a long line, of NZ Police inventing a criminal.

"Anything for a conviction" eh boys?

He would have got more if he had been wrongly convicted of Murder...:blink:
Still, reasonable salary for two years I guess.

[scissorhands]

This is a very normal response for an aspie - after any horrific treatment, tearfully but genuinely ask why she would do such a horrible thing.

People are savage animals, and aspies have to accept this terrible truth and reserve their childlike and loving trust for those who prove themselves to be trustworthy, or at the very least not lavish it on the entire of society and make themselves vulnerable by it.

A horrible story.

Thank you but actually, many aspies shut down and withdraw from society, because they understand all too well how others treat them. After a time, pertinent upon how much abuse they have received, and their ability to shrug it off. But yes up till then they place trust in those that dont deserve it. In an aspies mind, they cannot understand the dishonest and convoluted machinations of neurotypical people

This case is a microcosm of that. Both Aaron and mum Bev are now very angry and distrusting of NZ Police:angry:

[MSTRS]

Both Aaron and mum Bev are now very angry and distrusting of NZ Police:angry:

And of course, they are not the only ones to feel that way, with good reason.

[HenryDorsetCase]

all of you supporting the changes to the legal aid laws need to think about this case.

[HenryDorsetCase]

Oh, and say NOTHING to the police.

"I am exercising my right to silence" is all you say.

[slofox]

Still, reasonable salary for two years I guess.

Well, I'd feel aggrieved with that sum if it was me. It's not just the time in the can - that's bad enough in itself but it's also the social consequences plus the sheer bloody angst of knowing the bastards set you up and that they barefacedly lied about their evidence.

Bad move, Detective X.

[scissorhands]

From another forum, not my posting....

Police told Aaron Farmer his DNA was on the woman, ''which of course it wasn't - so they lied to him even in his interview'', Bev Farmer said.


In the USA that is perfectly legal, and a known and studied technique that prosecutors and police regularly employ. Everyone needs to know that. (I haven't experienced it personally, but that kind of thing bugs me, especially knowing how my mind worked when I was younger.) Especially people who might be naive enough to think that police or prosecutors can't lie.

I also wonder if growing up with experiences and reactions, that when you try to explain them to people, always results in them saying, "baloney" -- if that makes a person tend to doubt their own knowledge, and/or expect that even if they are right, they'll be 'proved' wrong somehow, anyway. With that kind of conditioning I can see someone getting eaten alive by police interrogation techniques.

[scissorhands]

People are savage animals, and aspies have to accept this terrible truth and reserve their childlike and loving trust for those who prove themselves to be trustworthy, or at the very least not lavish it on the entire of society and make themselves vulnerable by it.
.

from somewhere on the net........ If he is told something, he takes it as truth, even if it isnt like him. When I was 18 and obviously didnt know he was on the spectrum, my sister and I played a joke on him and told him that he was inappropriate with her. Made up an eleborate story, I guess because we knew he would believe it. I knew nothing at the time of autism, I just thought this was his personality. I never met anyone before that I could convince of so many things..

He apologized to her up and down. We convinced him of this while laughing. So it wasnt even like we were so serious and upset. We were obviously having a good time.

He is very intelligent, speaks well, has a lot of knowledge on many things. I dont want him to come off as stupid to people. I do not think that, I think he is awesome! I love him so much! I hope I dont make him sound dumb on here! These are just things he has struggled with for a long time and we didnt know why till he was diagnosed with aspergers syndrome.

[marie_speeds]

His mum was just on Closeup. You could see just how angry and bitter she was by the whole ordeal. Her last statement.... in NZ you are not innocent until proven guilty, you are guilty until you can prove yourself innocent.

[AllanB]

Not a lot of coin IMO for the damage done to this guys rep and future.

Imagine the job interviews - what did you do for the last few years? - ah I was inside wrongly convicted for rape .... but I was cleared.

[Oakie]

I wonder when the cops will WAKE UP and realise that an aspie will not respond the same as a neurotypical during interview, and any tell tale clues of guilt will be very hard to decipher unless said officers ARE TRAINED to work with aspergians.
:blink:

In your opinion is it possible for a high functioning aspie to go undiagnosed for many years? What would be the (not so) obvious signs? Serious question. I'm dealing with a workmate who I and a person with considerable experience in the field think may be an aspie. It's Ok, we're not going to confront him with it. Just want to try and find a a way to communicate with him about some inappropriate behaviour that he doesn't acknowledge. PM me if you want.

[scumdog]

The keen motorcyclist said he had planned to travel the world on his motorbike before he was sent to prison, but he was "getting a bit old now".
:

Too old??

He needs to harden up...

[gsxr]

...The keen motorcyclist said he had planned to travel the world on his motorbike before he was sent to prison, but he was "getting a bit old now"...

This particular motorcyclist wasnt even capable of tightening the chain despite me showing him several times how to do it.
One needs to have some basic skills before departing on such a journey.
Too my knowledge the sickness benefit would not have funded such illustrious dreams

[scumdog]

.

Police told Aaron Farmer his DNA was on the woman, ''which of course it wasn't - so they lied to him even in his interview'', Bev Farmer said..

Must have had a shit lawyer if he didn't pick that up early on.

[Oakie]

Too my knowledge the sickness benefit would not have funded such illustrious dreams

$350,000 would.

[scissorhands]

In your opinion is it possible for a high functioning aspie to go undiagnosed for many years? What would be the (not so) obvious signs? Serious question. I'm dealing with a workmate who I and a person with considerable experience in the field think may be an aspie. It's Ok, we're not going to confront him with it. Just want to try and find a a way to communicate with him about some inappropriate behaviour that he doesn't acknowledge. PM me if you want.

a person with considerable experience in the field.....

find a a way to communicate with him about some inappropriate behaviour that he doesn't acknowledge...

what field?

aspies aint saints they do inappropriate things all the time, just like most people, like stealing lightbulbs:shit: drinking heavily to dull the pain:sick: quite a few at The Daktory too

The best way to gauge a persons score is via online quizzes, normally completed by the person themselves, maybe you could wing it and get a score for him I dont know, honesty required.

Autism NZ are just a phone call away.

My best experience of understanding aspergers was when I attended a support meeting full of the smiling ravers, even the unhappy upset ones look neutral, the face hardly changes. Youthful even in old age, trusting, open. They can go on and on and on and on about their pet interests like train schedules.

The dark side of aspie is maybe staring at tits for too long, they stare at all sorts of things that they like though, even sparrows etc. Generally they have a weaker sex drive, an appropriately so as many should not always have children

Snapping in a meltdown.:yes: Meltdown rages are from accumulated disappointments and sorrows, abuse and let downs. Most people have no idea, and many will never understand as they are involved in building up this rage in aspie.

I think some aspies in the US have gone on a shooting spree. David Gray re Aramoana looked like one to me, but that was just his character in the movie I saw.

Burt Munroe, Bill Gates, Dan Ackroyd, Albert Einstein, Nicola Tesla, Issac Newton, John Britten, Daryl Hannah, a shit load more. Very few entertainers or pollies will be aspie, they are found as quiet inventors and designers, at their best. At the general worst, they sit in front of the computer for too long:shutup: hiding from life

they are just like most people

[FJRider]

To my knowledge the sickness benefit would not have funded such illustrious dreams

It has for some people in the past ... the trick is not letting WINZ finding out they are ... :facepalm:

[marie_speeds]

This particular motorcyclist wasnt even capable of tightening the chain despite me showing him several times how to do it.
One needs to have some basic skills before departing on such a journey.
Too my knowledge the sickness benefit would not have funded such illustrious dreams

He is autistic so that must make you feel real superior that you know how to tighten a chain....

[CookMySock]

Thats a really fucking low remark, SD.

[scumdog]

Thats a really fucking low remark, SD.

Is it true though?


ANY lawyer worth his salt would have asked for proof of the DNA result pretty early on...

[scissorhands]

Too old??

He needs to harden up...

I think he and his mum are pretty ferken hard now by the sounds of it. My guess is they are so hard, that they will be so brittle and break.

Aspies are nearly always soft people, and should be protected from bullys, who tend to be psychopaths as adults. Hence anti bullying legislation now in Victoria Australia workplace's.

Whereas is this Christchurch instance the police would have to prosecute themselves:facepalm:

[Woodman]

Is it true though?


ANY lawyer worth his salt would have asked for proof of the DNA result pretty early on...

I agree, the lawyer obviously wasn't that sharp

[CookMySock]

many aspies shut down and withdraw from society, because they understand all too well how others treat them. After a time, pertinent upon how much abuse they have received, and their ability to shrug it off. But yes up till then they place trust in those that dont deserve it. In an aspies mind, they cannot understand the dishonest and convoluted machinations of neurotypical peopleYeah. I know.

There comes a time to fight out of it though, and they can. There comes a time to decide for oneself that their lives will be about joy and discovery, and not about dependence on others' remarks which, upon reflection can mostly be ignored.

[scissorhands]

Is it true though?


ANY lawyer worth his salt would have asked for proof of the DNA result pretty early on...

The lawyer is responsible!

[gsxr]

He is autistic so that must make you feel real superior that you know how to tighten a chain....

I said "One needs to have some basic skills before departing on such a journey."

It was a fantasy he had which would not / will not ever come to fruition.

[marie_speeds]

I said "One needs to have some basic skills before departing on such a journey."

It was a fantasy he had which would not / will not ever come to fruition.

must be a bloke thing....kinda like guys going out for drinks at a bar certain they are going to get laid:shutup:

[gsxr]

must be a bloke thing....kinda like guys going out for drinks at a bar certain they are going to get laid:shutup:

You would be amazed at the number of woman Ive met that thought the same thing when they go out.!!!!!

[A_Mans_Ruin]

Hmm....another shocking story of how police can ruin mans dreams, and i always say they hate motorcyclits and nobody believes me....

Motorcyclits tehehehehe :gob:

[FJRider]

must be a bloke thing....kinda like guys going out for drinks at a bar certain they are going to get laid:shutup:

Which bar was that again ..... :innocent:

[marie_speeds]

You would be amazed at the number of woman Ive met that thought the same thing when they go out.!!!!!

Women go out to get laid:gob:


Which bar was that again ..... :innocent:

Club 22.....

[98tls]

I said "One needs to have some basic skills before departing on such a journey."

It was a fantasy he had which would not / will not ever come to fruition.

No shit Sherlock,no doubt you like everyone else have likewise.No matter what he is/was sitting in the big house for no good reason:facepalm:fuck that the guy deserves way more $.Those that posted up typical interweb shite re what he got should offer to spend some time there though would probably waste everyones time :crybaby::crybaby::crybaby::facepalm:Aint the interweb grand:facepalm:

[Taz]

The lawyer is responsible!

Of course he is. You can't hold the police responsible for being lying sacks of shit now can ya?

[Oakie]

a person with considerable experience in the field.....

find a a way to communicate with him about some inappropriate behaviour that he doesn't acknowledge...

what field?



Intellectual disability. She is a manager at IDEA Services in Auckland

[FJRider]

Club 22.....

Auckland ... right ... ???? :facepalm:

[scissorhands]

This whole sad story of ignorance and poor judgement by The NZ Police, on top of my similar experiences at the hands of others, including solicitors I have paid who did nothing for me, real estate agents who have ripped me off, friends and family who have become hostile because of my neurological function.....makes me want to withdraw even more from the system.

Going by some of the straw man techniques implied here like:

He was only a retard who couldnt even tighten a bike chain

Its his fault for not finding a better solicitor than the court appointed duty solicitor

He was on a benefit for years




Why should people like Aaron Farmer contribute to his oppressors world. Indeed and why should I? or you other disenfranchised unlucky others?

I'd like certain people to remember that, when they judge the intellectually disabled,the hiding and the withdrawn, instead of turning it against these unlucky unfortunate products of our times, AS IF THE PROBLEM IS WITH THEM.

Your polluted world and society is partly responsible for creating the disabled and sickly, and sad events like this and your inappropriate responses further this divide between neurotypical and autistic.

This ugliness I see in the system, its heirachy, ring leaders and their side kicks of ignorant bully supporters can go fuck themselves up their asses.

You know who you are. Thanks for nothing.

[MSTRS]

Must have had a shit lawyer if he didn't pick that up early on.

Get ready for many more such cases...thanks to cutting back legal aid

[jonbuoy]

Is it true though?


ANY lawyer worth his salt would have asked for proof of the DNA result pretty early on...

You would hope that any half decent cop might scratch his head over that one for 5 minutes and wonder why it didn´t match as well.

[CookMySock]

You would hope that any half decent cop might [....]:no: </10 chars>

[scumdog]

You would hope that any half decent cop might scratch his head over that one for 5 minutes and wonder why it didn´t match as well.


Yep, luckily we know the whole story eh...

[scissorhands]

Dude, deflecting criticism/casting doubts away from the police over this fuck up is pretty low. Quick jibes fired off to offset critical attention here makes it all the worse.

Failure to show remorse, and or supporting the extreme wrong doing of workmates, goes a long way in my book.

SD- why dont you just admit the cop (who got a sideways promotion) in charge of this prosecution, has been grossly unfair to Aaron Farmer.

Or is an apology really that hard?? Why?

I'm starting to go to that place that many others arrive at regarding dealings with police.

This is all wrong. And yes we will know, and some people will never forget

[scumdog]

Dude, deflecting criticism/casting doubts away from the police over this fuck up is pretty low. Quick jibes fired off to offset critical attention here makes it all the worse.

Failure to show remorse, and or supporting the extreme wrong doing of workmates, goes a long way in my book.

SD- why dont you just admit the cop (who got a sideways promotion) in charge of this prosecution, has been grossly unfair to Aaron Farmer.

Or is an apology really that hard?? Why?

I'm starting to go to that place that many others arrive at regarding dealings with police.

This is all wrong. And yes we will know, and some people will never forget

Who are you expecting an apology from??

Not me I hope, I wasn't involved any more than you.

And if nothing else in this job I learned not to make critical comments on a serious matter unless I actually knew ALL the facts and preferably was there in person.

Especially if commenting on the public arena.

And unlike a lot on KB I don't expect what has been posted in the media to be fact and/or the entire story.

BTW: If the actions of a very small percentage of any organistation cause you to 'go to that place' you're going to end up going to a lot of places during your life...life is too short and stuff like that ain't worth the stress...

[scissorhands]

yes sir Mr Policemen sir

[Elysium]

Well at least he can look forward to buying any bike he wants now.

[RDJ]

Is it true though? ANY lawyer worth his salt would have asked for proof of the DNA result pretty early on...

Of course! let's not expect the people charging us to be accurate, fair or careful; we must just have to accept we gotta pay lawyers lots of our money to prevent the police from having us wrongly convicted. :facepalm:

[CookMySock]

we must just have to accept we gotta pay lawyers lots of our money to prevent the police from having us wrongly convicted.There's a whole new popular way of thinking - it's taking the country by storm - You just tell the police to go fuck themselves and walk off. It's simple, inexpensive, and it works, and the feeling of personal freedom after you've done it is enormous! Join the revolution today! :yes:

[MSTRS]

Worked well for Tiki Tane...

[scumdog]

Of course! let's not expect the people charging us to be accurate, fair or careful; we must just have to accept we gotta pay lawyers lots of our money to prevent the police from having us wrongly convicted. :facepalm:

Oh, you know all about this case on the o.p. do you??

(All the FACTS that is)

Or are you just trolling??

[KiWiP]

Farmer had an alibi (service station video showing he was elsewhere)that his first solicitor- the duty solicitor, did not include in evidence.

Farmers clothing, lack of chin stubble, fact he does not drink or smoke(when rapist smelt of both according to victim statement), rapist bike had white mudguards (Farmers bike had dark coloured mudguards) as per victim statement, plus quite a few other forensic facts...where all placed aside by police.

In the end the DNA from under victims fingernails and cervix forced a retrial. Initially, at first, DNA testing was unavailable to Farmer?? Why??

If this is true then surely Farmer has a case against his defence for completely fucking up. Could be worth another 350k

Why do we expect anything from the police though? They don't have to be educated or qualified to do what they do. Recruitment picks them up of the street and as long as they can read and write and have no 'previous' they are hired. We should be railing at the prosecution lawers who are educated and qualified but accept weak evidence and ply their insidious trade regardless of what they know in their gut to be wrong (they after all did have access to the unpresented evidence)

The police have their faults on the street but I do believe the majority are good people (if they weren't we would really be up the creek) and a few bad eggs spoil a good name for the rest. But to really fuck up justice requires higher level thinking that exists in the lawyers offices.

[FJRider]

If this is true then surely Farmer has a case against his defence for completely fucking up. Could be worth another 350k

He would need to take a civil court law-suite against those laywers .... he can afford to now ...


The police have their faults on the street but I do believe the majority are good people (if they weren't we would really be up the creek) and a few bad eggs spoil a good name for the rest. But to really fuck up justice requires higher level thinking that exists in the lawyers offices.

Are we still talking about Police ... or mototcyclists ... and a few of those think they are laywers .... (if you [or they]believe what they say)

[jonbuoy]

Yep, luckily we know the whole story eh...

No we don´t - but does anybody? There must be a reason for him being freed. Whats worse - letting a guilty man walk or putting an innocent man in jail?

[FJRider]

No we don´t - but does anybody? There must be a reason for him being freed. Whats worse - letting a guilty man walk or putting an innocent man in jail?

Where is the "saving the butt of the guilty one" ... (and NOT the FOUND GUILTY one) option .... ???

[RDJ]

Oh, you know all about this case on the o.p. do you??

(All the FACTS that is)

Or are you just trolling??

I know what is in the public domain, therefore as much as you do I assume - as you would not be privy to 'inside' information.

[scissorhands]

Associate Justice Minister Nathan Guy unreservedly apologised to Farmer yesterday.

“New Zealanders on the whole enjoy a fair and effective criminal justice system. However, the system is not infallible,” he said.

This is a scary case. An innocent man got sent to jail on such flimsy evidence. Even without the DNA evidence, he should never have been found guilty beyond reasonable doubt.

I suggest people read the report by Hon Robert Fisher QC. It is only 20 pages, but damning. He says:

In summary, it has to be said that even before turning to the various obstalces to the Crown’s case, the positive evidence upon which it relied was remarkably thin. It relied upon nothing more than a visual identification by the Complainant of a kind that is notoriously unreliable and some rather unremarkable coincidences.

Fisher also notes six inconsistencies between the rapist and Farmer. Plus the notoriously unreliable visual identification had the victim say she was only “90% sure it was him”. When did 90% sure become beyond reasonable doubt?

Generally the test for compensation is that on balance of probabilities the person is innocent. In this case, Fisher has concluded that Farmer is “innocent beyond reasonable doubt”. This makes it all the more a worry that he was ever found guilty between reasonable doubt.

[scissorhands]

Fisher has concluded that Farmer is “innocent beyond reasonable doubt”. This makes it all the more a worry that he was ever found guilty beyond reasonable doubt.

Hon Robert Fisher QC obviously does not know all the facts!

:sherlock:



http://justice.govt.nz/publications/global-publications/c/compensation-for-aaron-farmer/compensation-for-aaron-farmer-hon-robert-fisher-qcs-report-for-ministry-of-justice-on-compensation-claim-by-aaron-lance-farmer-dated-25-february-2010/at_download/file

[Metastable]

To the OP;
This story is very saddening. Personally I think the greatest injustice that can occur is convicting an innocent person. IMO, it is better to let a guilty person go, than to convict and innocent individual. On that note, it bothers me that Crown and prosecutors around the world often do not strive to find true justice, but rather try to get the "WIN" regardless of reality. I think this bankrupts justice.

As for Asperger's syndrome, thanks for that enlightening post. Although I have heard about it, I didn't know much. I wonder if you can clarify for me why Aspies get picked on more than other folks? i.e. does it happen by folks who don't know an Aspie, or is it generally done by individuals who do know the person, then take advantage of them? I guess what I am getting at is how would a person an Aspie has never met know any better? I would never guess Britten was an Aspie, although I do remember reading about it.

Thanks for the post!

[MSTRS]

Oh, you know all about this case on the o.p. do you??

(All the FACTS that is)

Or are you just trolling??

Are you saying the cops got it right, and Farmer walked (eventually) on a technicality?
Or can you just not admit that the Farce isn't god?

[scissorhands]

I didn't know much. I wonder if you can clarify for me why Aspies get picked on more than other folks?

Many reasons I'd say. At an primordial unconscious level, an aspie is perceived as a variant to the group, an outsider, stranger danger. It invokes a strong response in some neurotypical people. Eventual ostracising from groups is not uncommon, everyone in agreement that he was 'a dick'.

Dr Spock from Star Trek (and Data) are extremely popular, yet both are iconic aspergian types. Though in reality if Spock was there with you always contradicting your errors, finding logical fault with emotional responses, pointing out to bully's how their comments are wrong and unfair.....Its fuck off time!

Going on and on and on would be my biggest complaint. I am fortunate enough to acknowledge and mitigate this in myself, though not always and i can annoy people to fuck. One mate who is a cruiser always got so stimulated by my rhetoric he needed to crap within 10 min of my company.:violin:

Mostly though it is an unconscious recognising of the genetic weakness that the autist would endanger the gene code/health of the group pack. Group consciousness is a product of survival of the fittest at play. The fit survive, those with disability are not chosen to mate and to further the chance of survival for the entire group, are shunned by alpha males or group leaders and matriarchs too toward female aspies. Many mammalian groups do this, and if many aspies did breed it would be problematic to the packs survival in a primitive setting anyway. Now aspies make excellent coin and can become attractive enough to mate. Hence, a global increase in autism, computer related careers are ideal for aspergian brains. We will continue to gain favour as the world moves forward with technology. Eventually aspie may surpass neurotypical in many areas...

Or, the wolves keep the caribou herd strong by killing the sickly and old caribou, as you would understand in Canada:sunny:


Interestingly though, and watch this space..... this is a worn out dialetic that causes so much inefficiency and well its often just plain dumb to be constantly fighting off males when you could be studying something worthwhile....

Competition in man must give way to cooperation for the planets survival. The primitive survival coding is effective, but not without fault.

I like the Hindu society model, where everyone has a place (far more inclusive and allowing of variants), and if Aspie comes from Thinking class or Brahman class or engineer class.... to not marry but serve the neurotypical breeders as shaman, priest or prophet who knows for sure eh?

One thing, any competant business man would relish a rhode scholar right hand man to comment intellectually on all business activity, as Star Trek's Captain Kirk had Spock, and in the politically correct 90's the new Kirk had a woman adviser on all matters emotional.....

Bill Gates is aspergian so he has himself, as does Warren Buffett?, Richard Branson?

If natural selection does rule humans in the future as it has in the past, high functioning aspergian brains may have an increase in advantage due to the importance of technology.

Many lower functioning autistics are going to waste, at present society in non inclusive, yet many offer savant like behaviours that in some conducive types could be channelled into productive and positive endeavours and outcomes.

But sadly, the more autistic you become, the less able you to earn money, build self and breed successfully.

And you probably shouldnt breed anyway, if you are unable to survive in the world. So says natural selection...

[oneofsix]

I hope scissorhands would allow for one critical fault in the Hindu system in that whilst everyone has there place their place is decided by their birth rather than their ablities. If you were born to an untouchable you are an untouchable, a lot like the colonially despised British class system.
Poor Mr Farmer was screwed as soon as he was picked up because he would not have displayed the "appropriate" and "usual" responses.
Aspergian types are nice people with frustrating habits.
I think the only thing I like about Shortland Steet is the actress protraying the Asperius surgeon.

[avgas]

Farmer said he would like an explanation from the woman who made the accusation.

That would be my fault too. While the cops fucked up - there is always one whom starts the chain of events. And its usually a woman :shutup:

[scissorhands]

We shouldn’t be alarmed that cases like Farmer’s are resulting in guilty verdicts we should be alarmed they are getting to court at all, because even an eventual “not guilty” verdict means the accused’s life has been made sheer hell for months (if not years) and they’ve been stripped of every penny to pay an often barely competent lawyer.

In fact those who are imprisoned wrongfully often end up better off, financially speaking, than those found not guilty because a spell in prison is seen as worth compensation whereas months of hell being investigated and then with a charge hanging over your head isn’t.

We need to compensate the wrongfully accused as well as the wrongfully imprisoned.

We need to sack every officer found to have acted with malice or reckless disregard for the facts in laying charges.

We need to charge, convict and imprison every person found to have laid a false complaint – their time in prison to be proportionate to the time that would have been spent by the accused person if wrongfully convicted (e.g. lie and accuse someone of rape, you serve the same term as a rapist).

The prevailing attitude is that people like Farmer were “lucky” that their injustice was brought to light.

Even when an accuser says after that she’d been intimidated by police into making a false statement....

[scissorhands]

from http://www.starcanterbury.co.nz/local/news/wrongly-convicted-autistic-man-speaks-out/3948695/ :gob: 1hour ago

An autistic man wrongly convicted of rape says the promotion of a detective who misled him while he was being interviewed does not send a good signal to the public.

Aaron Farmer, 41, was found guilty of raping a 22-year-old woman in a Christchurch street in 2005.

He was sentenced to eight years in prison, but the Court of Appeal quashed his conviction in 2007. Shortly after, new DNA tests excluded Mr Farmer as the attacker. He was awarded $351,575 in compensation.

The detective, widely criticised by the courts and his superiors, has been promoted to senior sergeant. He now works in Wellington.

Police spokesman Jon Neilson would not comment about the promotion other than to say: He "applied for the job and got it".

Mr Farmer said "I'm not too happy. It's definitely not very good in the public eye."

He believed the detective should have received a pay cut, a demotion and formal disciplinary action.

Mr Farmer, a sickness beneficiary, was charged with rape after the victim picked him out of a photo lineup.

In prison, Mr Farmer wrote to the Court of Appeal protesting his innocence. In Feilding his mother Bev was also writing to politicians and authorities, which led to the appeal, and a written apology from the Government for her son's conviction.


Sundays Herald

http://www.nzherald.co.nz/crime/news/article.cfm?c_id=30&objectid=10719821

5:30 AM Sunday Apr 17, 2011

Aaron Farmer got a formal apology and $350,000 this week for the 27 months he spent in prison for a crime he didn't commit. Police consider the case closed, but it remains wide open - and it smells.

For one thing, whoever raped the woman Farmer was wrongfully convicted of raping in Christchurch in 2003 remains at large. Police are not investigating, presumably because the trail has long gone cold.

But the case raises deeply disturbing questions about police mindset and practice, which may not be easily dismissed. Associate Justice Minister Nathan Guy, who announced the compensation package this week, was at pains to emphasise that "we have a strong and fair justice system in New Zealand but occasionally it gets things wrong".

Assistant Police Commissioner Mark Burgess - who, as it happens, was the Acting District Commander in Christchurch during the period that the case against Farmer was being prepared - gave an equally bland response.

"We know that our interviews are subject to scrutiny," he said, "and the courts have told us 'Don't mislead suspects'. So to do it is just dumb."

His remarks referred to the fact that a detective told Farmer that his DNA had been found on the victim. It had not. And later, more sophisticated DNA testing specifically exculpated Farmer.

But Burgess' comment is a none-too-subtle piece of sophistry. It seeks to imply that the fault lay with that single officer, who has been sternly criticised by the courts and his superior but is still working for the police - though not as a detective.

The problem is that the Farmer case hints at a much deeper systemic failure. The Court of Appeal quashed his conviction, on the grounds that his lawyer had not presented potentially important alibi evidence, and ordered a retrial. When the new DNA evidence excluded him, the Crown dropped the charge.

Robert Fisher QC, who was engaged by the Ministry of Justice to advise on the matter of compensation, found that "[the] deceptive police conduct ... did not contribute" to the conviction. But much more damning was his conclusion that "the evidence positively supporting [Farmer's] guilt was particularly thin". Apart from the alibi evidence and the improbability of the timelines, he raised six separate and striking differences between Farmer and the rapist as he was described by the victim.

In other words, a single barrister quite easily spotted gaping holes in the police case which the police themselves had either missed - or wilfully ignored. Not only did Fisher draw the conclusion that Farmer was not guilty beyond reasonable doubt - a cornerstone of our criminal justice system - but that he had established his innocence by the same margin.

This is not, then, a matter of a single bullying cop attempting to bluff a suspect into a confession. The case against Farmer went across the desks of senior officers and Crown prosecutors, who pursued it despite its manifest and manifold implausibilities. And it has been almost four years since the Crown abandoned the case. That's a long time to wait for Guy's "strong and fair justice".

The prosecution, albeit unsuccessful, of Sergeant Martin James Folan on six assault charges can be seen as demonstrating a police commitment to call officers to account, and Folan still faces internal disciplinary hearings. But the Farmer case will do nothing to ease disquiet, particular when top brass seek to make light of a serious - and apparently cynical - failure to do the right thing.

[Metastable]

Very interesting.... if it is any consolation, this sort of things happens a lot in many places. Our police forces have been dealt a few black eyes in the last while. Two of the worst included a tasering of a Polish speaking man and his subsequent death, completely unnecessary and the death of a motorcyclist hit by a Drunk Driving cop (very close to cop's house) who left the scene and walked back to the scene while drinking alcohol, so that he couldn't get convicted by a blood/alcohol test.

BTW you used the wrong emoticon :sunny: ..... a snowflake would have been a better one today.... I can't believe we are STILL getting snow!!!! :shit:

[scissorhands]

Coldest day of the year here in Auckland. Must be only half a year or so that you can ride a motorbike in some parts of Canada?

I dont really want to harangue the police with every mistake every officer has ever made.

More than anything, I would like to see some training of police when dealing with suspects who are neurodiverse.

It appears to me that Aaron Farmer was a victim of bullying.

[Metastable]

Most cops do a great job and it really is a bad few that spoil it for the others....and yes I agree, training in this sort of thing would be a huge help.

As for riding up here. There are some nutcases that ride year round.... snow and all. As far as decent riding weather.... 12C and up... you're stuck with Aprilish to Octoberish.... so ya about 1/2 the year with reasonable temps. I got my early year fix with a February trackday in Florida. Although I must admit... when I was younger and dumber I did ride in temps below 0 and on fully snow covered roads on a sport bike.... sometimes you just don't want to admit riding season is over. :D

[scissorhands]

I hope scissorhands would allow for one critical fault in the Hindu system in that whilst everyone has there place their place is decided by their birth rather than their ablities. If you were born to an untouchable you are an untouchable, a lot like the colonially despised British class system.
Poor Mr Farmer was screwed as soon as he was picked up because he would not have displayed the "appropriate" and "usual" responses.
Aspergian types are nice people with frustrating habits.
I think the only thing I like about Shortland Steet is the actress protraying the Asperius surgeon.

What I meant was lepers fucking, and breeding.

I'm not into the right of kings carry on either.

[scumdog]

Are you saying the cops got it right, and Farmer walked (eventually) on a technicality?
Or can you just not admit that the Farce isn't god?

If it's aimed at me? - (I hope not)
No
and
Never claimed anybody was God...let alone the Farce (Is that a branch of KB??:blink:)

[MSTRS]

If it's aimed at me? - (I hope not)



Yeah - your post seemed to be suggesting that there was more to this case than a CIB-type pulling a swift one to get a conviction.



...let alone the Farce (Is that a branch of KB??:blink:)
There seems to be two types of Police organistion in this country...well, three maybe
1. Police Force
2. The Farce
3. Traffic

[jonbuoy]

Who did do it? :sherlock:

[Taz]

If it's aimed at me? - (I hope not)

Or I will F#@K you up!

:lol: .

[oneofsix]

Who did do it? :sherlock:

Do you refer to the rape or the wrongful conviction?

Rape they suspect we will never know in one report I read so an injustice for Mr Farmer and the rape victim. Imagine her position! she had convinced herself or been convinced, that the rapist had been caught and was being punished and now its like another attack, legal system screwed up and is putting some of the blame on her cause they used a dodgey system to get her to id the Farmer as the attacker. :sick:

Wrongful conviction, all you will see is a lot of finger pointing an self justification even to the point of screwing the rape victim over to hide their culpability (see above).

[MSTRS]

Chances are the bloke what done it has left the country...
Rapists tend not to stop at just the one, and with his DNA now in the system, and samples taken from all charged with any serious crime, it is only a matter of time before he is sprung. IF he is still here.