I can see where the judge is coming from:
Better an innocent 17 year old is found at fault, than ANOTHER cop is found to be a fuckwit
I can see where the judge is coming from:
Better an innocent 17 year old is found at fault, than ANOTHER cop is found to be a fuckwit
Of a car that is on the other side of the road and may turn in to your path?Originally Posted by NordieBoy
Fuck off noddy
Agreed, there is no such law.Originally Posted by Pixie
What it does state in the road code is on a road with no centre line you must be able to stop within half the viewable distance ahead of you. On a piece of road with a centre line you must be able to stop within the viewable distance ahead of you. A car pulling into your path from the side of the road is not a benchmark for your viewable distance.
Sure the media is biased but it does seem pretty hard to believe the outcome of the Police report.
The boy could appeal the decision but it would probably cost him more than what he's been dished out now but I would fight it on principle.
In some future courtroom in NZ:
"If it please you Honour,I wish to present to the court this file of all the dodgy findings in favour of the police, as evidence that constable plod's testimony is of dubious veracity"
"I will not allow it"
"I have nothing else to say,your Honour"
"Do you have anything to say in mitigation?
"I was drunk as a judge,your Honour"
"Don't you mean 'drunk as a Lord'?
" I beg your pardon,...yes m'lud"
Jeez youse guys.
Ya gotta have some perks in yer job!!!
I take the odd pen and Post-It Note home myself.
...she took the KT, and left me the Buell to ride....(Blues Brothers)
It was on the front page of the Southland Times today.
I understand that the car belonged to his girlfriend who's father is a crash scene investigator.
He is putting a complaint into the PCA.
I can't remember whether they intend to appeal.
...she took the KT, and left me the Buell to ride....(Blues Brothers)
At last someone who can take on the police at their own game. This should be interesting if it kicks off.Originally Posted by idb
Skyryder
Free Scott Watson.
Originally Posted by Skyryder
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Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........![]()
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
It got your attention.Originally Posted by scumdog
Skyryder
Free Scott Watson.
I have attention???Originally Posted by Skyryder
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........![]()
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
Well if you don't know?? But on to the real subject. Did the cop lie or not?Originally Posted by scumdog
Vehicle wheel lock specs would be interesting. Exact psition of vehicle prior to the commencement of the u-turn. And can the vehicle perfom the manouver without having to stop on the centre of the road. I would say that an 'expert' on this may provide some 'interesting' answers. But sadly this is going to come down to who has the most money for appealing decisions. One of the major problems in this country is that the Police and others have forgotten what they are here for. And that is to serve the public. In the case of this seventeen year old youth, the police, with the assistance of the judge, see their role to serve themselves.
Skyryder
Free Scott Watson.
17 Jun 2008
http://www.odt.co.nz/the-regions/cen...rehearing-case
Rehearing of case
By Rosie Manins on Tue, 17 Jun 2008
The rehearing of a case against an Alexandra man convicted in 2006 of crashing into a police car and injuring a police officer will be heard in the Alexandra District Court on Thursday.
In March 2006, Shane Te Ihorangi Cribb (then aged 18) was found guilty by Judge Stephen O'Driscoll of careless driving causing injury to Senior Constable Neil Robert Ford at Earnscleugh Rd on July 14, 2005.
At the Alexandra court on January 16 this year, Judge O'Driscoll ruled there should be a rehearing after hearing from defence lawyer Russell Checketts.
When convicted, Cribb was fined $600 and disqualified from driving for six months.
Time to ride
Fri, 20 Jun 2008
http://www.odt.co.nz/the-regions/cen...ver-vindicated
Three-year fight over; teen driver vindicated
By Diane Brown on Fri, 20 Jun 2008
Shane Cribb left the Alexandra District Court a happy man yesterday after what he described as three years of being "stuck in a time warp", but his supporters vowed to continue the fight for accountability.
There were tears and hugs from the more than 40 people who came to show their support.
Mr Cribb (20) said he was at last able to hold his head up with pride, after police offered no evidence at yesterday's re-hearing on a charge of careless driving causing injury, following an accident in Earnscleugh Rd near Alexandra on July 14, 2005.
"It took just three minutes [today] to wipe away three years of injustice," Mr Cribb said.
His lawyer would seek reimbursement, "but how do you work out what it costs for three years of one person's life?".
In March 2006, Mr Cribb was found guilty by Judge StephenO'Driscoll of careless driving causing injury to Senior Constable Neil Robert Ford in Earnscleugh Rd on July 14, 2005.
Mr Cribb's vehicle had collided with an unmarked police Holden Rodeo twin-cab utility vehicle which was turning right into a driveway.
Mr Cribb was disqualified from driving for six months and fined $600, which was paid back to him after the re-hearing was granted.
In court yesterday, prosecutor Sergeant Tom Scoullar, of Dunedin, said police offered no evidence.
Judge O'Driscoll then dismissed the charge.
In making an application for costs, counsel Russell Checketts, of Alexandra, said the case had cost Mr Cribb's supporters more than $25,000.
He presented a memorandum to the court requesting reimbursement and asked for the matter to be heard by Judge O'Driscoll at his next Alexandra court date, on September 25.
Police have 21 days to respond.
Mr Cribb maintained his innocence throughout the case and claimed the police officer made a U-turn in front of him, causing him to crash.
Steve and Denise Potter, whose daughter was Mr Cribb's girlfriend at the time, led the fight to clear Mr Cribb's name.
Yesterday, Mrs Potter said the family was calling for a full police investigation.
"It has taken us two and a-half years since the first trial to get this back to court, which is unbelievable and unacceptable."
The family had provided two witnesses and two crash investigators.
"The evidence we have had is incredible," she said.
"It is over in terms of getting Shane off the charges, but it won't be over because no-one else is being charged," she said.
The judge made a decision on the basis of information presented to him which was incorrect, and someone had to be made accountable for that, she said.
Mr Potter said it was not about the money.
He was disappointed there was no recognition by police in court that a mistake had been made.
There had been a suggestion of an internal police investigation, "but when you see how they do their external ones, it doesn't give you much faith".
He had made five separate complaints about the case over the past couple of years.
"We're not trying to undermine the integrity of police by continuing the fight. We need the police in our community. It's about the justice system and how it operates."
Inspector Phil Jones, of Queenstown, confirmed yesterday police had received a complaint relating to the case and had referred it to the Independent Police Complaints Authority.
Outside court, Mr Potter publicly thanked everyone who had supported Mr Cribb throughout the lengthy proceedings.
"It's been a very long journey and we couldn't have done it without your support and encouragement.
"We can now put this behind us and Shane can get on with remoulding his life.
"This would have been too hard a battle to fight on our own and we needed the community support," he said.
Mr Cribb said he had lost his job as a result of the crash and it had been difficult living from day to day, waiting to see what would happen next.
"I couldn't go anywhere or make any plans while we were fighting the conviction, as I would have had to come backwards and forwards."
Originally from Hamilton, Mr Cribb moved to Alexandra to live with his father and stepmother.
He was now considering returning to the North Island.
Mr Cribb's first priority was to get a good night's sleep.
"I haven't slept well at all, and I had no sleep last night worrying about today," he said.
Time to ride
20 Sep 2008
http://www.odt.co.nz/the-regions/cen...-investigation
Judge critical of crash investigation
By Rosie Manins on Sat, 20 Sep 2008
Alexandra man Shane Te Ihorangi Cribb has been awarded $17,900.45 costs for his defence of a dangerous driving causing injury charge, dismissed during a re-hearing in the Alexandra District Court in June.
And Judge Stephen O'Driscoll, who has dealt with the three-year-old case since it came before the courts, said the initial police investigation of the incident was "less than satisfactory" and "not in accordance with best practice". Mr Cribb (20) fought for three years to clear his name after his vehicle and another being driven by a police officer collided at Earnscleugh in 2005.
He last night told the Otago Daily Times he intended to apply for compensation.
Judge O'Driscoll yesterday issued his decision regarding an application by Mr Cribb for more than $25,000 costs incurred in defending himself against the charge.
"There was not an 'independent' investigation of the crash, nor was `independent' evidence provided to the court by the police at the defended hearing.
I am satisfied that the investigation of matters, post-conviction, has also been less than satisfactory," the judge said.
Police yesterday accepted the court decision.
Southern district road policing manager Inspector Andrew Burns said police would deal with the matter internally.
"In a situation like this, we do review what we've done and the mistakes we've made and learn from them and move forward."
Senior Constable Neil Robert Ford, the officer at the centre of the incident, is now a member of the police Southern area's Commercial Vehicle Investigation Unit (CVIU), and is based in Alexandra.
Insp Burns yesterday said Snr Const Ford's role with the CVIU included dealing with commercial vehicle drivers, log book entries, the weight of vehicles and large vehicle safety.
Snr Const Ford could not be contacted yesterday.
Mr Cribb's supporter Steve Potter said Judge O'Driscoll was not critical enough of the police involved in the case.
Mr Potter and wife Denise, both of Alexandra, paid for Mr Cribb's defence from the time he was charged.
The couple incurred costs of $17,900.45 for lawyers' fees and to pay for an independent expert's report on the incident.
"It was stressful because we had to put it all on the mortgage, although I always knew the truth would come out."
Direct costs to lawyers and a crash investigator were covered in Judge O'Driscoll's awarding of costs, but Mr Potter said more than 1000 hours of his and his wife's time was not. Mr Cribb said he would be "happy to go back to court" to apply for compensation.
"The judge has only awarded enough costs to pay Steve [Potter] back for lawyers' fees but we will fight for compensation on my behalf, as well as Steve's."
Mr Cribb, who last month admitted in the Alexandra District Court a charge of possessing cannabis and was fined $150 and ordered to pay court costs of $130, did not know how much compensation he would request from the police.
Time to ride
12 Jul 2008
http://www.odt.co.nz/the-regions/cen...ating-evidence
Police investigating evidence
By Diane Brown on Sat, 12 Jul 2008
Some of the evidence presented in the Shane Cribb case in the Alexandra District Court in 2006 is being investigated by Police National Headquarters.
Mr Cribb was convicted of careless driving causing injury after his vehicle collided with a four-wheel-drive vehicle being driven by Senior Constable Neil Ford on Earnscleugh Rd at Alexandra in 2005.
His conviction was dismissed last month after a re-hearing was granted, and police did not present any evidence.
Inspector Andrew Burns, of Dunedin, has confirmed a decision to investigate discrepancies in the position of the four-wheel-drive had been made immediately after police decided not to offer any further evidence at the re-hearing.
Insp Burns said police had received new information that the position of the vehicle was in a different place than was reported at the time of the crash, based on the contents of the statement that was made at the time.
"Quite clearly the information we had at the start was why the charge was laid. New information from other witnesses has changed that, and if we had had that information at the time we would not have charged Mr Cribb," he said.
The Otago Daily Times has not yet been able to confirm the terms of reference for the investigation. Snr Const Ford could not be contacted yesterday.
Time to ride
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