Forced to relocate overseas
Judge brings malicious case (male assault female case) to an early close.
A top principal has had assault charges against him dropped after a judge ruled he’d been the victim of efforts by his ex-wife to “destroy” him.
Peter Clague, formerly Auckland Kristin School’s executive principal, was the subject of a private prosecution brought by his ex-wife relating to two alleged assaults in 2010.
How often does this happen to the ‘Deadbeat Dad’ that the media is so fond of persecuting?
“This whole prosecution is motivated by an intention on the part of Ms Denham to effectively destroy Mr Clague’s reputation and ruin his career, and to consequently damage Kristin School and possibly also to bring pressure to bear on him in relation to a property claim in the Family Court,” Judge McNaughton said.
He said no properly directed jury would be able to convict Clague.
You wouldn’t see this thrown out of the Family Court. Worse is that it’s the whole ethos of the Family Court that has the Police believing a prosecution like this would succeed.
If the judge had ordered that the officer in charge of the prosecution be charged with wasting police time – now that would be a real wake up call.
Clarification: This is a private prosecution.
The case arose here:
The former principal of one of the country’s best schools who starts his new job at the helm of one of England’s most prestigious schools next week will have to come home to defend allegations of assaulting his ex-wife.
Ex-Kristin School executive principal Peter Clague, 48, moved to the UK in August after landing the job of headmaster at 500-year-old Bromsgrove School in Worcestershire.
He is due to start in the role on Monday but will do so under a cloud after Judge Pippa Sinclair declined to dismiss the charge of male assaults female at North Shore District Court yesterday.
(Judge Sinclair said the points made did not meet the “very high threshold” to have the charge dismissed)
(Because the alleged assault had happened more than two months earlier, police could only issue him with an official warning and the case simmered until March 2014 when Ms Jackman filed a private prosecution.)
I am curious to know if costs were awarded against the private prosecutor?
Awarding of costs is meant to be a deterrent to both police and private prosecutors bringing baseless cases to caught$. It is difficult for judges to maintain reasonable access to caught$, when different parties have widely differing economic resources, such as the average man against Government/police.
UK Prosecution Policy and Guidance
Crown Law (NZ) 6.5 THE PUBLIC INTEREST TEST
Failure by the judge to award costs, that give reasonable incentives against frivolous cases, is what fuels familycaught$ and District Caught alike.
Secrecy in familycaught$ allows failure to apply the principles of costs at the end of hearings, to go unnoticed by honest, taxpaying citizens.
This maintains the flow of baseless cases, which form perhaps the majority of the “workload” in familycaught$. Similarly too, the incomes of all of the legal workers involved…..
It just doesn’t work, to rely on Saint Peter to enforce the Prosecutor’s Rules. [accountability..]
Interesting – that this case reaches the extreme, where it is (quite the opposite)not in the public interest to continue.
We saw the same thing recently, where, in the preservation of justice and the understanding of criminal law the case against a man taking photographs of women in public was thrown out.
What we are seeing is such a feminised Police Force that they no longer understand the law they are duty bound to uphold, or the peace they are obliged to preserve, and equally feminist judges who want to apply the revenge scale rather than the law.
Search for District Court Rules
That might be the theory, but it is the practice that gives incentives in the real world. The printed rules are little more than dishonest marketing/windowdressing in the real world. Far from the mental hospital that is the court$, alas.
By the time you have read a clause, they might have been changed, behind the scenes.
Lewis Carroll wrote well about these environments and his works are a better use of your fleeting time on this earth.
Do you want to take your other think now?
You have another think coming, you know?
If not, sing twinkle twinkle little bat, how I wonder what you’re at.
Downunder I totally agree with your “… feminised Police Force …” comment. In my case a “feminised Police Force” and feminised Crown Prosecution conspired to uphold complaints made in 1996 in relation to incidents that allegedly occurred in 1980 when the complainants claimed to be living in my house in Northland. The fact that Ministry of Education records showed that the complainants spent all of 1980 at a boarding school in Auckland and would have been known to Police in 1996 had they bothered to check didn’t stop a nasty, vicious, vile, feminist Crown Prosecutor taking case to trial in 2013 and a densely corrupt Judge telling the Jury to ignore the 17 year prosecution delay because it was irrelevant. It is for this reason we desperately need a Criminal Cases Review Commission but wont get one because Amy Adams and her criminally insane predecessor Collins both hold that our current Court System is perfect and never makes mistakes. Try telling that to Arthur Thomas, David Dougherty, David Bain, Scott Watson and many others still in our prisons.
You can judge a society, by the care it takes of it’s most vulnerable members.
(This includes men as well as women. This includes people with occasional mental health problems, as well as people in poor physical health. This includes children, as much as adults. This includes people with gambling addictions, as much as members of the National/Sky City Party. This includes people who buy milk, as much as the Farming Industry who vote Sky City/National Party. This includes electricity consumers, as much as people who vote Sky City/National Party. This includes coalminers who gamble with their lives at work, as much as executives responsible for their Health & Safety, who vote Sky City/National Party. It includes the people who fell on the viewing platform at Cave Creek, as much as the Minister of the Crown who defunded Conservation Department and led the she’ll be right culture, that fuelled his own high wages.)
You can judge a justice system, by the care it puts to righting the wrongs it has done itself.
How long and how much effort was required, to sort out each of the legal fiascos listed by JONO, above?
To what extent did the failed organisations take effort to sort out their mistake, themselves?
It is all different pieces of the pie called accountability.
Accountability that was never really intended to work !
I am not saying that NZ is as bad as USA, Russia, China, India, UK or France (or mothers or solo mothers).
Nonetheless, we need to improve the quality of our country, by quite a bit.
A couple of generations of self entitled greedy females and there’s only one direction that will take us and that is backward.
I had almost the identical matter- my son attended Kristin (and I knew Peter Clague), I am described by BDO as a man of substantial means. I have never been in any trouble of any sorts with Police in my life My ex a trained industrial psych-o(of 13 years) got pregnant by donor and begged me to be the legal father, We already had a 5 year old son ( my apple of my heart). I refused and so she literally set me up. As I was driving my son for an ice cream, she tried to grab him out of a moving car ( just started reversing ) and she claims to be run down and had a tiny graze to her knee. I stopped and assisted and she told me “she had me” and claimed to Police I ran her down and that it was intentional. My life has been hell for 3 years. I won the criminal case- Judge threw it out but I had lost 18 months of my life and literally hundreds of thousands of dollars defending 2 charges -assault with a deadly weapon ( a car) and male assaults female – when we knew within days could not win but had to wait in a long line to get to court. I learned Police are thicker than bricks when I had to deal with them and you cant sue them despite their obvious lack of competence. Prior to that I never came across their ineptitude and PC rules (and that is what this DV curse is) While this was going on she used the criminal charges to malign me in the family court and destroy my reputation by innuendo despite assaulting me some years earlier and Police just ignored it-She had my son taken from me suggesting that I might hurt him and no one cared I never had, no one cared I might be innocent, simply no one cared at all about a son and his dad being broken up and the allegations just continued for 3 years till we finally saw a judge in June 2015. My ex under examination had no evidence to support her scores of allegations – despite 3 years and 1000 pages of affidavits. Where else in society can you discriminate, malign, hurt, humiliate and destroy someone with no evidence and still be able to walk out the court head held high and no consequences. If I fought back the law determines I am emotionally , psychologically and financially abusing this “brave’ Domestic violated female. Good on the Police Courts and those deceptive lawyers who know its lies but as there is no adverse penalty for perjury – just keep lying. Justice is a myth in NZ. Make those crazy women pay for their deception and this crap just might stop. Good on you Peter. Fight for your honour and ours. I am.