Misleading Justice

Lawyers are meant to  be officers of the court   and the court   is supposed to be a place for truth honesty  and justice. But that is where the fairy tale   starts and finishes.

I have   long used the equation for  corruption  as

CORRUPTION= MONOPOLY + DISCRETION -ACCOUNTABILITY

Looking at the   equation in terms of the court  we see that lawyers   are a group of persons  who through the very legislation which  allows them  to practice  also  have exclusivity  to the court .

The court is run by rules  and there are rules which    dictate how  lawyers should act in the  rules of  conduct there are  specific references to Fraud .

Assisting in fraud or crime

2.4 A lawyer must not advise a client to engage in conduct that the lawyer knows to be fraudulent or criminal, nor assist any person in an activity that the lawyer knows is fraudulent or criminal. A lawyer must not knowingly assist in the concealment of fraud or crime.

  • 2.4.1 A lawyer may assist a client in seeking to avoid or minimise any penalty or adverse effects that flow from fraud or crime.
Prevention of crime or fraud
  • 11.4 A lawyer must take all reasonable steps to prevent any person perpetrating a crime or fraud through the lawyer’s practice. This includes taking reasonable steps to ensure the security of and access to electronic systems and passwords.

But where a lawyer  alters  or  manufactures documents  they  have protection from  allegations by the following   section .

Reputation of other parties
  • 13.8 A lawyer engaged in litigation must not attack a person’s reputation without good cause in court or in documents filed in court proceedings.

    • 13.8.1 A lawyer must not be a party to the filing of any document in court alleging fraud, dishonesty, undue influence, duress, or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensure that reasonable grounds for making the allegation exist.
    • 13.8.2 Allegations should not be made against persons not involved in the proceeding unless they are necessary to the conduct of the litigation and reasonable steps are taken to ensure the accuracy of the allegations and, where appropriate, the protection of the privacy of those persons.
It can be argued that if a lawyer   alters or creates a  document as shown in this example on u tube   and he himself does not  gain financially from it then  the  lawyer is not committing fraud  as a  fraudulent  document  has two requirements   and that is   that  the document  must be false and  it is used  for pecuniary ( financial ) gain.
The correct offences which should be considered  are those which come under the heading  Misleading justice  in the crimes act.
When lawyers are not held accountable to the truth  either   by their  own society or by the police    then   we will not get the truth in our courts.
It follows that any decision made  on false evidence  will therefore  lack integrity .
It is time that we  called for  the  utmost honesty in our courts  and any one  who is  found swearing  a false declaration or affidavit  or any one  giving false  evidence  or  providing the court with   fabricated documents or evidence needs to be charged.  the penalties are there as a deterrent  but when no one is charged then the penalties are never  enforced.
the real problem in New Zealand courts  is  that  we  do not  enforce these  sections of  the crimes act as  we have  the issue     which is summarized in  John 8:7
This is the very reason why lawyers  cannot judge other lawyers  and   we need an independent commission agaisnt corruption.
The police in such cases do not prioritize this work as the police is now  a business and the priority goes to  ACC and LTSA who together fund the police   to ensure that  injury and traffic matters are dealt with  .
My recommendation to the  the person who posted the U tube clip  is to make a complaint to   the law society with regards to the lawyers concerned.    and if he has no  success there then   write to the minister of justice  and make her aware . If we all  independently bring our issues of corruption     to their  attention then they  will at some stage have to take notice.
Transparency New Zealand will happily  link to your  blog, u tube item or  what ever  you produce to prove the   offence.
Our aim is to give a public portal  of links  which illustrate    how often this occurs.
Please advise any one  who has suffered injustice that   you can put up a blog through WordPress,  put the evidence up there  and  we will   link to you .
this is the copy of the email I received.  may our  list begin

I have serious forgery problems commited by NZ lawyers, but NZ police refused to investigate it.

Please refer to my youtube link

http://www.youtube.com/watch?v=lF5iht_EXEM

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