Below is the ruling of Judge B Davidson in a private prosecution I tried to take against the government – I only chose John Key because I didn’t know who I should do it to, so I chose the boss. This judge recently discharged a rugby player without conviction for a violent assault of four people. Following the ruling I’ll put the details of my case and how I told the judge I couldn’t get a lawyer to help me so just did what I thought was right. Also this judge is the one who put me on to the Imperial Laws Application Act, which proves without doubt neo-liberalism is illegal and magna carta is being violated.
I made a formal complaint about him to Office of Judicial Conduct – they ignored me.
23 June 2015 CRI 2015-035-000633
JOHN PHILLIP KEY
1. Ms Routhan seeks to file five charging documents against the Prime Minister alleging offences under the Crimes of Torture Act 1989 and Crimes Act 1961 and the Magna Carta 1215.
2. Each is supported by a brief explanatory note and a statement from her dated 19 June 2015. As well she has lodged 179 photographs and a copy of a book. The black book of poetry, apparently dedicated to ‘casualties of abuse and neglect’.
3. For reasons which I will explain shortly it is unnecessary for me to detail those particulars, her statements, the photographs and the book content. I have however, read it all. In essence the material provides widespread and broad allegations of her torture and abuse at the hands of the state. The charges are levelled at the Prime Minister for failing to provide her appropriate protection, treatment and care.
4. Under s 26(3) I direct that the five charging documents not be accepted for filing as each is an abuse of process.
5. In particular:
5.1 The charge document alleging an offence under s 3 of Crimes of Torture Act 1989 requires the Attorney General’s consent, under s 12 to prosecute. No such consent has been provided.
5.2 The charging documents under Sections 150A and 151 Crimes Act 1961 do not disclose any offence with any degree of particularity at all. The sections referred to set out the standard of care required of certain persons and the duty itself to provide necessaries and protect from injury. Neither charging document contains any particulars of the time, date, place or occasion of breach, who by and how. The only detail given is as to date (between January 2009 and June 2015) and place (various addresses in Wainuiomata and Wairarapa).
5.3 The charging documents under sections 39 and 40 Magna Carta 1215 rely on sections that are not part of New Zealand law. The only clause of the Magna Carta applicable in New Zealand is section 29: Section section 3 and schedules 1 and 2 Imperial Laws Application Act 1988.
DISTRICT COURT JUDGE
The following are the statements I made attached to each form for filing these private prosecutions – I tell him I don’t know what I’m doing and can’t get a lawyer that I am entitled to.
19 June 2015
Statement by JER Carterton
I have been chalking section 40 of the Magna Carta around Wellington streets since 2009 when ACC illegally withdrew all my health care. There is a copy of what it says on my wall. “To no-one will we sell, to no-one will we delay or deny right or justice.”
If I could afford a lawyer I would have one to ensure I was getting the professional health care I know I am entitled to under ACC, health, disability, criminal, human rights and bill of rights laws. I would also ensure I was getting the right and justice I am seeking in regard to my health care and ability to represent myself. It is imperative a judge adjudicates on the issues I have with the government (through ACC, mental health services and welfare agencies) and the corruption of neo-liberal political theories disabled poor people are currently suffering under in New Zealand.
People are very angry, I am very angry watching what I know to be cruel, immoral, inhuman treatment of thousands of abused, mentally injured (like myself) and mentally ill people in New Zealand. Every police officer I have ever discussed this with agrees what is happening is wrong. When I am before a court for protesting (wilful trespass) about this issue every person, including the judge have their heads about as low as they can and most cannot look at me. They know what I am saying is right.
It is not right that the government can cut health and welfare services to mentally injured and mentally ill people, who are then ending up in the justice system as a matter of neo-liberal process. I don’t end up in the court system for violence or crimes against innocent people, I am there for passionately protesting about what is happening to me and others as I know it to be so wrong.
I can read law, I was studying to be a lawyer in 2001 before I was raped and mentally injured. I know what I am entitled to under ACC, health, disability, criminal, human rights and bill of rights laws. I know this but I have never been able to take my claims of criminal negligence and injustice to a court because of impairments related to my disability and a lack of money. As I have been forced to live on welfare for the past 13 years.
I have done EVERYTHING in my power to have these injustices dealt with to no avail. I have proof of complaints to Health and Disability Commission, Human Rights Commission and Review Tribunal – I was not believed.
The lawyers who took me years to find are John Miller and another woman I cannot remember her name now. John Miller had my case for a year then told me it was too complicated and he could not act for me (he took the $1000 legal aid though). The other woman had my case through ACC, after I had won my first review to get my care from 2009 back and ACC refused I went on a 46 day hunger strike.
My lawyer at the time begged me to stop as she could not get the case heard before I would have died. I stopped and became severely suicidal waiting for her to take my case to the District Court we had agreed. I waited for weeks in the most terrible torment, trying to stay alive and not let my dysfunction impact on my children. She had even given me a date she would be taking it to court, when this date passed and I heard nothing I phoned her and she told me she had lied and taken my case to a second review hearing. I sacked her on the spot – if your lawyer is prepared to lie to you when you are that ill then she is incompetent and corrupt.
I won the second review, though was unable to participate in it as I was very unwell. That was around four years ago now and it wasn’t until two months ago that ACC phoned me and said they were going to reinstate my care similar to what it had been in 2009. I am supposed to be seeing a psychiatrist next week for yet another assessment, which they refused to waive, in order to have my care reinstated. I have seen Dr Alan Doris before and he has been extremely critical of ACC for the way they dumped me from care in 2009. The report is in my boxes of files somewhere but I cannot find it or look for it as I become highly suicidal and want to self-harm.
This letter to accompany the charging documents under Section 40 of the Magna Carta 1215 is to also show that I desperately need a lawyer in order to get protection and justice. I have phoned so many lawyers and been told they were not trained in the area of law I was discussing, were too busy, my case was too complicated and others would not do it because I would have been needing legal aid. Please refer to my poems about John Miller Law and Something’s Wrong Tony Ellis.
Please refer to my book of poetry The Black Book (ISBN 978-0-473-31199-5) and photographs submitted to the court in relation to the five charges. I am not in a position to replicate this information five times.
My only criminal charge is of the Law Society in Wellington when I went there and refused to leave until they provided me with professional representation and protection of a lawyer to force ACC and mental health to provide me the care I knew I was entitled to, and protect me from the police who were being used to intimidate and bully me.
I will be in court again on 8 July in Masterton for wilful trespass of Masterton Hospital for a protest I did on the law outside the DHB offices earlier this year.
Having exhausted all formal avenues for justice over the past 13 years since I was raped, activism and protesting are all that is left for me. Speaking truth to power was my new year’s resolution (after I was violently arrested Xmas Eve, when sick with the flu and distraught about my unstable living situation).
In this submitting these Charging Documents I knowing they don’t have all the stories of what has happened to me and I cannot repeat them again as my disorder Complex Post Traumatic Stress disorder is also compounding. What this means is if I recollect too many traumatic experiences at one time I become severely traumatised and cannot function, will be prone to self-harm and could commit suicide. (Although with prayer and will I have managed to stay alive this long – not that it is a real life – being constantly bombarded with thoughts of suicide and death at the hands of yourself is no different to being threatened with death by another person on a daily basis – the impact on the psych is the same.)
Because of the impairments related to my disability (which under law must be accommodated if possible) it would not be right or just to refuse to allow this charge against John Key Prime Minister to go through to the next stage in front of a judge to decide.
In that time I hope either the courts will appoint me a lawyer or I will have the strength I need to gather together the further evidence to prove my case of injustice and being denied right and justice because I do not have the money to pay for legal representation.
I have become emotional and can’t stop crying, so I will have to end here and pray with all my heart that what I have said and given you to-date will be sufficient to succeed through to a court hearing.
Earlier this week the government had a function organised by Chistopher Finlayson to commemorate the Magna Carta – the very people who are abusing it are pretending they abide by it. This is not true and this must be addressed, thousands of innocent abused and disabled people are suffering prolonged neglect and poverty. They are being left in inappropriate, unstable, unsafe housing in the community and from a recent poll of discrimination it was found over 50% of people would not like mentally ill people living next to them.
This document and charge is related to five other charges I am bringing against John Key under various criminal laws, all filed today 19 June 2015, the 800th Anniversary of the signing of the Magna Carta.
I would like to refer you to the NZ National Anthem and the line that says we will be protected from dissension envy and hate – I can assure you this is what we have in New Zealand now after 30 years of austerity against the poor and vulnerable while advancing the wants of the rich and powerful.
I have attached a copy of a statement of account for legal aid debt from last year when Michael Bott represented me against the Law Society wilful trespass charge and two other charges (that were dropped) of ACC and Ministry of Health in Wellington. I get $400 per week on invalid’s benefit and have to apply for this every three months or it would be $315 (it is nothing more than repeated degradation). My rent is $250, I am unable to sustain flatmates as I am continuously victimized by people I have lived with (including two attempting suicide) and even further traumatised. I would like to tell the court about all these experiences when it is appropriate and in a safe place.
If I do in fact get my care back, which I don’t believe I will, as ACC have lied repeatedly then I hope to be well enough to talk about what has happened to me as a disabled abuse victim begging for care, being a parent, daughter, sister, friend and citizen. It is happening to me and it is happening to many I meet when I am protesting, the stories break my heart and motivate me to go to such extremes as taking a private prosecution just so I can get this gross miscarriage of justice exposed and stopped.
Kia kaha to us all
19 June 2015
Statement by JER, Carterton
I am about to start this and the emotion is overwhelming me, how the police have been used to intimidate and bully me for demanding and needing the professional health care promised under ACC, health, disability, criminal, human rights and bill of rights laws is persecution and torture.
How I am treated by the police varies greatly depending on the person, I would like to refer to my police file at this point to highlight all the times I have been seen by police, have been detained by police and been prosecuted by police.
I am not able to look at my police file as it makes me very unwell, I got a copy of it a few years ago and on page 3 it said I was ‘mental’ and a danger to police safety. I wasn’t able to read past that and have had a rocky relationship with police since ACC illegally cut all my care in 2009, after National became the government and installed neo-liberal Business Round Table advocate John Judge, then Paula Rebstock.
Can the judge please consider my police file as being evidence to what has been happening me as I fight for the care I know I am entitled to. Please note that all complaints to police about me being suicidal are from people who are public servants and/or agents of the government. I would tell these people I was begging for help or justice from how bad I felt and they would phone police but never help me get care. This is a gross miscarriage of justice and proof what is happening in the real world I live in is very different to what the government and these agencies promote.
It makes me want to be violently ill when I think that forcing suicidal people to take their clothes off and put on the crazy suit is police policy and when I tried to challenge it as being extremely degrading and against human rights laws I was ignored. They only got my clothes off me once, during my first protest, chalking Journalists are Maggots on the Times Age building in Masterton. When I got down to my underwear I was told to take them off as well, I had my period and said I couldn’t – I was told I had to. That is when my respect for the police and the government ended. I told the officer I would fight her for my underwear as there was no way I was going to let blood run down my leg in front of so many men. This policy is not law and therefore was not subject to scrutiny under Bill of Rights and Human Rights laws.
Over the past 30 years as neo-liberalism has relentlessly destroyed our unique Kiwi culture these attacks and laws on suicidal people have steadily increased. It are the policies that are driving people to suicide and then the government and authorities blame the victims for a completely human response to an inhuman living environment.
New Zealand is a beautiful country, there is enough resources for everybody to have the necessaries of life. Giving massive tax cuts to the wealthiest people and organisations in this country while at the same time stopping poor people (rich people can still get this care and justice) from getting the health care and justice they are entitled to is immoral and against the law.
Also the massive social issues that have arisen due to high unemployment and concentration of wealth into the richest 20% of society – are being somehow blamed on the victims of these social issues, like violence, mental illness, poverty, ill health etc. It was very sad to see all the changes that have been made to the Social Welfare and Social Security Acts over the past decade, all aimed at blaming those who can’t get work. When we all know deregulation, free trade and neo-liberalism was instrumental in hundreds of thousands of manufacturing jobs moving offshore to be done by people who are treated like slaves in poorer countries.
I will be addressing this issue in another private charge in the near future.
I told a judge recently, when going through the court system over my protests at Masterton Hospital that I will take no more – and I won’t. No more are you going to treat disabled, abused, mentally injured and ill people like you are. Everybody knows it is wrong – EVERYBODY.
I know other people who are degraded and persecuted by police for being suicidal and I have experiences of people who attempted suicide who were living with me that I would like to be able to present to the court. I cannot talk about them now I am too unwell.
I would like all book of poetry The Black Book ISBN 978-0-473-31199-5 to form part of this case but I do not have the resources to do a copy for each of the five charges. I would also like all my photographs to form part of this.
Please help me get a lawyer, there is so much you don’t know, so many things. These people have driven me insane, they have turned my family and community against me, just because I couldn’t get the professional health care I was entitled to.
I can’t go on with this document.
Kia kaha to us all.
19 June 2015
Statement by JER, Carterton
My evidence of this torture is contained in my The Black Book of poetry ISBN 978-0-473-
31199-5 and in the selection of 179 photographs I have presented showing my ongoing years of protests and the art works I have done. If this charge goes through to the next stage I will be able to discuss in more detail what was happening in many of these photos. There are also videos I wanted to submit as part of this complaint but was unable to download them, due to lack of knowledge. These also would form part of my case if this goes further.
I have also included a few letters of the type I have been sending since 2002, when I was raped and started trying to get the professional health care I was entitled to and needed to heal from my mental injury, return to work and study as well as parent my two children to the best of my ability.
I have years of letters and emails to prove my case of torture, but I am only able to give you what I have now as I do not have legal representation to help me. I hope and pray with all my heart that this evidence will be proof enough that my private prosecution case is sufficient to go to the next step and I get these injustices against me decided on by a judge. As required under the Magna Carta 2015.
Please consider all evidence for the five charges I have levelled at the prime minister under this charge. I do not have the resources or fortitude to provide all documents for each charge.
I find it desperately sad that I am having to take this action when I know the law and know how I should be treated and what justice I am supposed to be receiving. I know I am extremely insignificant and you will see from some of my poetry and songs, consider myself human sewage. My poetry repeatedly refers to being traumatised and tortured.
Because of my stress disorder I have been discredited by other justice and health agencies. However I do have a report (ordered by the court when mental health refused) last year by Justin Barry-Walsh that states, I am intelligent, do not have a personality disorder and am not delusional. This is what mental health and justice services had been saying for years (not Alan Doris) just those services who were rejecting me over and over again. Mostly because of underfunding of mental health services to the point of abuse and criminal neglect.
If Justin is right –which of course he is then I have every right and every reason to take the government and John Key to court for torturing me. It also hurts me deeply watching other people I know being harmed in this way and so many stories when I am protesting of people suffering and killing themselves. I cannot take a charge of murder or manslaughter because I am not dead – no matter how many times I have come so close following abuse and discrimination by mental health and justice services. For me it has to be torture and it is. Being told there are services, reading in the law how disabled sick people are supposed to be treated and experiencing exactly the opposite drives you insane.
I can’t go on with this statement.
Kia kaha to us all.
19 June 2015
Statement by JER, Carterton
Please refer to all the information I have given for the other four charges I have bought against John Key, I do not have the resources or ability to reproduce everything for each charge.
Please ensure this charge goes through to the next level so I can prove and gather together the years of evidence I have that my standard of care was unprofessional and influenced by neo-liberal political theories rather than scientific fact.
I am feeling very unwell and would like the opportunity to present my evidence in the future, when hopefully I have the support of the health providers I know I am entitled to and the legal representation the Magna Carta guarantees me.
Kia kaha to us al
19 June 2015
That John Key had legal duty to provide professional health care to me as a mentally injured disabled person and did not. Also the standard of care did not follow international and professionally recognised models of treatment care and rehabilitation.
It was him as leader of National who coerced public servants and health professionals to discriminate and neglect those people who had mental health issues and were living in poverty.
19 June 2015
Statement by JER, Carterton
The horrendous and unsafe situations I have been subjected to while supposedly disabled and under care of the NZ government are varied and across all sectors of welfare, health and justice. This is why I consider John Key, the Prime Minister as ultimately responsible. It is his power and influence that has created this gross miscarriage of justice against abused and traumatised people who become dysfunctional and suicidal – due to neglect and lack of professional health care.
Please refer to the photographs and book of poetry I have submitted under Crimes of Torture as being part of this charge. I do not have the resources or ability to replicate this information for all five charges. Please refer to all information I have supplied during these five charges.
Please give me the opportunity to find justice by allowing this charge to progress – of not providing the necessaries of life and to protect from further injury. To disclose this now would cause me considerable harm – nothing less than any violently raped or abused person would experience when challenging their abuser.
Please get me a lawyer and refer to my rap song Wherefore Art Thou ACC about how I have won two other cases in the Environment Court and Employment court representing myself/my business (as president of Capital Offroaders and owner of Enzo’s Pizza). It is obvious I was capable of presenting myself then, but am not now – which was caused by my disability and mental health issues.
When the person who raped you is found not guilty by a jury of nine white haired old men, one old woman and one woman who looked intellectually handicapped, even when admitted he was asleep and had plied you with alcohol before he did it – it degrades and destroys you in ways you cannot even imagine.
Kia kaha to us all
19 June 2015
That John Key failed to provide necessaries and protect from injury a recognised sick person.
Especially with regard to accommodation, provision of professional health services and protection from further injury after a series of unsafe living situations.
Offence Description – Crimes of Torture Act 1989 – Section 3
That John Key as Prime Minister of New Zealand has committed acts of torture against disabled abused mentally injured and mentally ill people like myself by not providing professional treatment, care and rehabilitation as required under New Zealand’s ACC, health, disability, criminal, human rights and bill of rights laws.
This particularly refers to those people removed from ACC care in 2009 (of which I was one) as a result of government pressure and the appointment of John Judge a well known proponent of neo-liberalism and member of the Business Round Table and NZ Initiative group. They did not change the law and caused harm to hundreds of people on ACC.
These acts of torture also were perpetrated by the Ministry of Social Development and the ongoing ‘reforms’ aimed at disabled poor people on welfare.
JOHN KEY AND THE NZ JUDICIARY DO CONDONE VIOLENCE!
I have been told repeatedly by Legal Services Agency I am can get legal aid but am told by hundreds of lawyers I have rung that there is nobody doing civil legal aid currently. When I challenged the Ministry of Justice about this through email they stopped replying to me, when I went into their office at the High Court I was told there was nothing they could do and was trespassed when I started singing and reciting poetry about this gross miscarriage of justice.
Then when I went back to try and watch Tony Ellis take a case of torture against the Attorney General and 3 DHBs – so I would know how to do the case myself – I was assaulted by security (which I made a complaint to police about) and refused entry.
Now I’m in court for using chalk pen to draw a swastika on the High Court and breach of trespass. Also for chalking a swastika and LIES etc on Appeal Court building that has words all around it talking about human rights and justice.
Sadly NZ media know all of this and so do several MPs but they do nothing.