My day in Court

[Gareth123]

Well the guy who caused my motorcycle accident at the end of April has finally been to court. Soon I'll be able to post pictures of the crash scene and just what my bike looked liked after a 100km/h run in with a trailer.

Would anyone like to guess what the verdict was?

I won't keep you all in suspense too long. Needless to say it seems that the law no longer seems to holds up in court. It seems that the police are mistrusted and second-guessed by the judge in court. It seems that the statement that is taken from the defendant 2 days after the crash can be dismissed in court. It seems that the truth can take a back seat. It seems that the person who can invent the best story in court wins!

The guy who almost killed me, put me in a wheel chair for 6 weeks, made me use crutches for 2 months, prevent me from doing many things that I love to do and still can't do many things that I used to do, gets off free of charge.

That's right he received a verdict of NOT GUILTY!!!

He had 3 reasons why he wasn't at fault. The first was an obstruction on the road in the direction I was travelling from. It wasn't on the road but it was surrounded by cones and could easily distract a driver and prevent him from noticing a small car or a motorcycle.

The second reason was a dip in the road. Apparently the dip is so severe that it prevents a driver at the top of the dip from seeing a low slung car or small motorcycle from being seen.

The third reason is that a road worker walked in front of him as he made his turn and he had to stop or he would hit the road worker.

The third reason was the killer. Made up of lies on top of lies. The defendant stated that he slowed down too less than walking speed to avoid hitting this road worker. Then saw a look of shock on the road workers face as the worker looked past his vehicle. The defendant turned and saw me ride straight into the draw bar of his trailer.

The policeman stated when he was up on the stand that after I had impacted with his trailer my bike had been dragged 3 - 4 meters down the road in the direction the defendant was travelling in. There were scrap marks and debris on the road to indicate this. This statement by the officer makes a mockery of the defendants "walking speed" pace unless he continued on for another 3 seconds after I hit him, which is very improbable. The judge ignored this piece of information from the police officer.

Likewise it was stated that there were no skid marks on the road from my motorcycle. This indicates to me that I was either really inattentive for at least 150m to not see a 4wd and trailer in my way (Sometimes I ride with my eyes shut:slap:) or that the defendant didn't see me and turned in front of me giving me no time at all to even apply the brakes. I may have had time to pray, I'm not sure. The judge ignored this information as well.

In the judge's summary he said that "this was just an unfortunate accident. The defendant had to stop to avoid hurting a road worker and in doing so left his trailer in the path of traffic, which unfortunately I rode into. I feel that the police have not adequately proved beyond reasonable doubt that the defendant was careless while operating a motor vehicle. Therefore the defendant is not guilty."

How can he just ignore these blatantly obvious lies/stories and find the truth? Perhaps he doesn't like motorcyclists?

:bs:Now of course I'm biased. I was the victim. I would like to know what the legal beagles think of this and if anyone else has an opinion of the judge I would like to hear it. I know I have my own opinions about the matter!:bs:

[Magua]

What a crock of shit. Hopefully there's further action you can take.

[Stickchick]

That seriously sucks!!!!

[Goblin]

That's right he received a verdict of NOT GUILTY!!!:oi-grr: You poor bastard! The really sad part is that I am in no way surprised by this verdict.:angry2:
All the best for your recovery anyway. Hope you can get back on two wheels.

[Mom]

I really feel for you mate! You have just witnessed our legal system at its best?

I cant really comment as I was not there and only have your word for what happened, I am not suggesting you are not giving the truth of the matter either.

You have met the defendant, with the smart (extremely well paid) lawyer able to put his clients case very well, coupled with the police (get done time and time again in court on technicalities, with little defense against a clever lawyer) no resources to fight a minor traffic battle eh!

Leave this lot behind you now mate. Was not a great outcome for you for sure. Energy is better spent for the living and loving, rather than the bitterness and fighting.

[spudchucka]

All any defendant has to do to defend a charge is create reasonable doubt in the mind of the judge or jury. Defendants can lie their arses off with reckless abandon and not face any duress while police can only present facts and evidence, which adds up to: if you are a good enough liar you can beat the police in court.

You are simply another victim of the system.

[SPman]

You are simply another victim of the system.

Now you know the other side of the system, where the cops can build a good case against someone they know is a toe rag arsewipe only to see him walk after a some nifty tongue work and a receptive judge/jury.

It sucks!

[Gareth123]

My parents are angrier than I am. I went down to my polo club afterwards and watched a few games and just relaxed with the really good looking rich horse girls (They're good looking girls not good looking horses) and got my mind in a happier place before going home and sleeping a solid 8 hours.

My Dad swore at the defendant when he went up to him to shake his hand (apparently I don't exist!) and refused to touch him and my Mum, who never swears, snarls at him "Why the f*** do you want to shake his hand you pric?!? He's not the one you almost F****** killed!"

I have no grudge. As the police officer said "Now we know who he is and what he's like, he's a marked man. He'll get pulled over everytime an officer sees him in Rangiora. Also if he keeps driving like he was that day we'll get him, unfortunately, when he kills someone.

You always get whats coming to you. No matter who you are.

[Gareth123]

What a crock of shit. Hopefully there's further action you can take.

The only action I could take is to take a civil action suit (Not sure if I have the name right) out against him. I don't have the money for that sort of thing unfortunately.

[spudchucka]

I have no grudge. As the police officer said "Now we know who he is and what he's like, he's a marked man. He'll get pulled over everytime an officer sees him in Rangiora. Also if he keeps driving like he was that day we'll get him, unfortunately, when he kills someone.

You always get whats coming to you. No matter who you are.

You can't beat karma, just ask Earl.

[Gareth123]

I could start my own program "My name is Gareth" The Kiwi version! Have to say I'm better looking. Except at work. Bakers trousers are just not cool. I don't care what the old ladies think!(I've seen them wandering around with them on) They are comfortable though. They're like wearing pyjamas to work!

[Dave-]

that sucks dude, you're alexs' brother yeah? he told me of this accident a while ago, sounded awful, keep well dude.

take the LTSA to court that a road worker was stopping the flow of traffic

that the road has a dangerous unmarked dip

and that the road cones block view for motorists.

[nadroj]

Didn't you get the judges bank account details? he must have.

[Gareth123]

Didn't you get the judges bank account details? he must have.

I don't think the judge wanted my money. Just a steady supply of viagra so he and the defendant could get chummy :buggerd:

[Gareth123]

...you're alexs' brother yeah?...

I sure am. He's off on his trip around the south island at the moment. Crazy bastard did 900km in one day! Haast to Nelson with a big detour somewhere in the middle. Couldn't get the gist of where he ended up. Something like 200km down a dead end road. I think he should have cut across country instead of riding back the 200kms. Its not about getting somewhere it's the adventure!:2thumbsup

[skidMark]

why did you come over a dip at 100 kph tho...if i come over something like that that is fully blind i slow down so i can stop if need be....

ahhh well shit happens right.....

and yes...you are beinmg biast to be brutally honest.

[scumdog]

Sorry to read that Gareth123, it really sucks.

I bet the cops were gob-smacked too and more than a little riled at the guys bullshit.

Hope the prick get T-boned by something bigger and loses in Court too.

[jimbo600]

Yep, good ol' legislature and Judiciary. Train with firearms and napalm, train and threaten to "kill pakeha" and get away with it all. I tell ya cops these days are on a hiding to nothing. They have absolutely no support from the courts or govt. But if the email anything slightly offensive then my god they're in the gun.

[The Pastor]

ahhhh sux dude :( not much you can do about it either :(

at least your alive, did insurance pay out for the bike?

[peasea]

Bummer about your accident but two questions;
1) Did you really expect justice in this country?
and....
2) The police are reknowned liars and really don't give a fuck about you or anyone else so; did you really expect them to stick up for you?

Again, sorry to hear about your accident, hope you make a full recovery.

[Timber020]

A mate had his day in court after a woman in town pulled out infront of him, causing him to crash and then fled the scene. Witness got the rego and turned up in court to tell them what he saw. Cops laid charges.
Defendant brought along a lawyer who dragged a very simple case for a whole day, and got her off.
Face it, the world doesnt give a shit about the lives of bike riders.

[jafar]

As the defendant got a 'not guilty' your chances of winning a civil suit are minimal. Your best bet is to move on, he will get his eventually.

Just goes to show that justice is for those that can afford it...

[peasea]

As the defendant got a 'not guilty' your chances of winning a civil suit are minimal. Your best bet is to move on, he will get his eventually.

Just goes to show that justice is for those that can afford it...
Yup, get yourself a good lawyer and anything goes; ask any cop, they have a bottomless pit of money, they get the best lawyers and screw anyone they like. They lie through their teeth end who pays for it? Yup, you guessed; us!

[scumdog]

Yup, get yourself a good lawyer and anything goes; ask any cop, they have a bottomless pit of money, they get the best lawyers and screw anyone they like. They lie through their teeth end who pays for it? Yup, you guessed; us!

Meh, I guess I must have been lucky - 28 years in the freezing industry and other jobs and they somehow missed the chance to screw me - the story of my life, I always miss out...?

[sAsLEX]

In the judge's summary he said that "this was just an unfortunate accident. The defendant had to stop to avoid hurting a road worker and in doing so left his trailer in the path of traffic, which unfortunately I rode into. I feel that the police have not adequately proved beyond reasonable doubt that the defendant was careless while operating a motor vehicle. Therefore the defendant is not guilty."


SO how is speeding a careless charge even if no accident or injury or anything bad comes about from it?

Yet this persons actions has resulted in injury yet he has no comeuppance.

[peasea]

SO how is speeding a careless charge even if no accident or injury or anything bad comes about from it?

Yet this persons actions has resulted in injury yet he has no comeuppance.

It's called a quota

[spudchucka]

SO how is speeding a careless charge even if no accident or injury or anything bad comes about from it?

Yet this persons actions has resulted in injury yet he has no comeuppance.
Speeding isn't a careless charge, its an infringement offence, unless your speed is 51+kph over the posted limit, then its a traffic offence and you will go to court.

Only the judge can answer that. Alternatively you could just let yourself get as bitter and bent out of shape as those PC and Ix3 retards and put it down to the cops lying.

But wait, it was the defendant that got off, so who lied?

[scumdog]

Speeding isn't a careless charge, its an infringement offence, unless your speed is 51+kph over the posted limit, then its a traffic offence and you will go to court.

Only the judge can answer that. Alternatively you could just let yourself get as bitter and bent out of shape as those PC and Ix3 retards and put it down to the cops lying.

But wait, it was the defendant that got off, so who lied?

First of all good morning chaps - yes last nights brain dead drongos were lying bastards as I expected, anyway, enough of them.

Spud, standard answer on this thread: the defendant got off 'cos the cops were lying??????

[scumdog]

'shower grime and soap SCUM.....use easy off bam power degreaser... - yes it's well past my bedtime offica'

Found the above words in the 'comments 'posted by a person giving me rep, anybody else able to decypher it?????????

Or is it a result of too much liquid fun??

[Mikkel]

Aw man, that sucks! Anyway to appeal - or is that only for the defendant to do?

Hope you'll make a nice recovery!


2) The police are reknowned liars and really don't give a fuck about you or anyone else so; did you really expect them to stick up for you?

Reread the original post... The cop's testimony supporting Gareth was ignored by the judge.

[Swoop]

I really feel for you mate! You have just witnessed our legal system at its best?
Unfortunately I have to take an alternative viewpoint here. After spending time on a jury recently and wondering "what happened with sentencing" - to the extent of doing searches! Today I receive a letter from the M.O.J outlining the sentencing verdict for the case.
I have been most impressed - apart from the spelling though...

if you are a good enough liar you can beat the police in court.
Unfortunately, in the court case I refer to above, I witnessed one of the detectives openly lying to the court. Yes, it does happen. Luckily it did not bare relevance to the evidence submitted or the outcome of the trial. (No, I will not reply to your or anyone elses' posts regarding this).

The police are reknowned liars and really don't give a fuck about you or anyone else so; did you really expect them to stick up for you?
Liars in court? Yes.

Alternatively you could just let yourself get as bitter and bent out of shape as Ix3 retards...
This really deserves consideration of bling!!!

[idb]

Bummer about your accident but two questions;
1) Did you really expect justice in this country?
and....
2) The police are reknowned liars and really don't give a fuck about you or anyone else so; did you really expect them to stick up for you?

Again, sorry to hear about your accident, hope you make a full recovery.

Oh yes, you know how to ask the tough questions...
Let me see...ummm question 1...weeelll...that was obviously addressed to Gareth and I don't know him and wasn't there so I'll let that one pass but question 2...now that...that's a statement with a question to follow...hmmm...hang on...I'll go and check the original post and get back on that one...

[idb]

...hang on a bit longer...I must have found the wrong post...I'll look a bit more...

[idb]

...shit I must be too tired or pissed or something...I can't seem to find the right post at all...give me a few more minutes...

[idb]

....

The policeman stated when he was up on the stand that after I had impacted with his trailer my bike had been dragged 3 - 4 meters down the road in the direction the defendant was travelling in. There were scrap marks and debris on the road to indicate this. This statement by the officer makes a mockery of the defendants "walking speed" pace unless he continued on for another 3 seconds after I hit him, which is very improbable. The judge ignored this piece of information from the police officer....

Shit Peasea, sorry mate, I know that you know a lot more about cops than me but is this the bit that you're referring to?
Have I chopped too much out?
This is the only bit that mentions cops at all.

[idb]

...As the police officer said "Now we know who he is and what he's like, he's a marked man. He'll get pulled over everytime an officer sees him in Rangiora. Also if he keeps driving like he was that day we'll get him, unfortunately, when he kills someone.
....

Sorry Peasea buddy, I didn't look hard enough...he did mention the cops again.
Ummm...damn...now I've forgotten what you're point was.
It's too late for me anyway...when I get to this time of night I sometimes don't read posts properly and my own biases make me see things that aren't there.
Best I catch up with your insights tomorrow when my head's clear and I can maybe understand tough concepts ...like why sometimes black is white.

[Clockwork]

I'm puzzled.... surely the road worker was a witness...


.....

The third reason is that a road worker walked in front of him as he made his turn and he had to stop or he would hit the road worker.

The third reason was the killer. Made up of lies on top of lies. The defendant stated that he slowed down too less than walking speed to avoid hitting this road worker. Then saw a look of shock on the road workers face as the worker looked past his vehicle. The defendant turned and saw me ride straight into the draw bar of his trailer.

What did he have to say?

[Gareth123]

Bummer about your accident but two questions;
1) Did you really expect justice in this country?
and....
2) The police are reknowned liars and really don't give a fuck about you or anyone else so; did you really expect them to stick up for you?

Again, sorry to hear about your accident, hope you make a full recovery.

I've always told the truth to the police and been looked after by the police before so yip, I did expect that the truth would prevail and justice would be served...perhaps it was and I'm just not smart enough to realise it?

To answer your second question, the police officer was actually a friend of my landlord and I'd met him a couple times before. He was really gunning for this guy because he'd seen an accident like this a couple weeks earlier where the same thing happened and that biker had died. He definitely cared!


Sorry to read that Gareth123, it really sucks.

I bet the cops were gob-smacked too and more than a little riled at the guys bullshit.

Hope the prick get T-boned by something bigger and loses in Court too.

They were a bit awestruck by what the judge had to say. I could see the police officer getter angrier and angrier as he had to listen to the judge's summary.


why did you come over a dip at 100 kph tho...if i come over something like that that is fully blind i slow down so i can stop if need be....

ahhh well shit happens right.....

and yes...you are beinmg biast to be brutally honest.

Yes I know I'm biased :yes: The dip I mentioned is hardly a dip at all. I can sit in a lowered sports car at the top and see down the whole thing quite clearly. It was just an excuse he was using. If you want I'll get you a picture of it.


I'm puzzled.... surely the road worker was a witness...

What did he have to say?

He didn't have anything to say. No one could find him at all. They scarpered pretty quickly I'm told and the policeman, more concerned about my welfare didn't catch who they were. They weren't doing official council work and nobody, not even the defence team could find them. I know the police looked! I was there as he made phone calls to the council etc.