A client was charged under the Crimes Act 1961 with using a forged document and obtaining by deception. The client had assisted a family member in his dealings with Work and Income. There was evidence that the family member was, to some extent, mentally impaired. Other members of the family brought accusations against Tony Beach’s client to the attention of the Police and the charges followed. After a trial before a Judge alone, the Court found, after carefully considering all the evidence, that both charges were not proven beyond reasonable doubt, and were dismissed.
Possession of drugs, utensils, firearms and ammunition charges dismissed
Tony Beach’s client was facing charges of possession of Class A drugs and possession of utensils (a pipe) under the Misuse of Drugs Act 1975, as well as charges of possession of firearms and ammunition under the Arms Act 1983. Tony Beach argued that the possession charges should be dismissed on the grounds that the search of the client’s property by the Police was unlawful. The Judge agreed: the Police can enter and search a place without a warrant under section 20 of the Search and Surveillance Act 2012 – but only in certain circumstances. The Police could have obtained a warrant in these circumstances. As well, the Police had failed to provide a written report of the circumstances of the warrantless search as they were required to do. The Judge then considered whether the evidence of the drugs, pipe, firearms and ammunition should be admitted, despite the unlawful search (section 30 of the Evidence Act 2006). The Judge found that, due to the small quantity of drugs involved and the ancient firearms, the evidence should be excluded – consequently, all charges arising from the unlawful search were dismissed.
Tony Beach interviewed by TV3 about Mt Eden Prison
There are fresh revelations private prison operator Serco went out of its way to make sure its squeaky clean record stayed that way.
In Mt Eden prison where inmates are king, are guards who say they’re understaffed and afraid.
“It’s about time we all spoke out and say what it’s actually like,” says one guard, who spoke to 3 News on the condition of anonymity.
He says when prisoners or guards break the rules, management would rather official reports tell a different story.
“You’re told to state the facts, but to leave all other things out of it.
“They go missing off the system several times, or they get edited and you’re not told that they’re edited.”
The Government says it didn’t know what was going on, despite the fact three prison monitors – who are Corrections employees – have been there since Serco’s first day.
Under the Corrections Act, prison monitors must report to the chief executive at least every four months. The sole purpose of their job is to report on prison management and any concerns they may have about the prison’s running.
The union representing prison guards says after a dispute with one of these monitors, it was told to back off.
“They sent me a letter saying our members weren’t allowed to talk to the monitor and we’re not allowed to talk to the monitor,” says Corrections Association president Bevan Hanlon.
“You get told not to mention anything to them, and when they come around make sure your books are up to date, which is a little bit hard,” says the unidentified guard. “Because, for instance, if you’ve done something wrong or you’ve tried to cover it up after being told to … that’s not very professional, is it?”
Meanwhile, behind bars, prisoners are still on lockdown and kept in their cells 23 hours a day.
Lawyers say speaking to clients is becoming almost impossible.
“People aren’t getting the advice they need from their legal advisors,” says lawyer Tony Beach.
The list of problems facing Mt Eden’s new managers is growing longer.
3 News