Chester Borrows in court

National MP Chester Borrows ended up in the Whanganui District Court yesterday on a charge of careless driving. A protester was injured when he drove his care out of a motel car park last year.

Evidence was heard, including a police officer agreeing with “Looking at the report, you accept you cannot attribute this incident to any factor on behalf of Mr Borrows”.

Then Borrow’s laywer applied for a dismissal of the charge. The judge will rule on that this morning.

Stuff: Attempt to dismiss case against MP Chester Borrows as first day of trial ends

Whanganui MP Chester Borrows faces a nervous sleep on Monday night, as he waits to hear if a judge will dismiss a police case of careless driving against him.

His lawyer Nathan Bourke made the application in the Whanganui District Court on Monday at the end of the first day of his two-day trial.

If the application is not successful, Borrows and deputy prime minister Paula Bennett will enter the witness box on Tuesday to give evidence.

Borrows, a former police officer, is charged with careless driving causing injury to two anti-Trans Pacific Partnership protesters outside the Collegiate Motor Inn on March 22, 2016.

In a statement read in court Borrows said…

…he was concerned about threats made about Bennett on Facebook, and people had jumped on his car at other protests. The driving was similar to what he did at similar incidents during his 24-year police career, he said.

One of the woman injured in the incident, Denise Lockett…

…said she thought the worst when she was hit by Borrows’ car.

“I thought ‘oh my god, you are going under, girl’ and I folded over the bonnet.”

Protester Tracey Treadwell…

…said the group’s intention was to make sure Borrows and Bennett knew their concerns about the TPPA. She believed police would ask them to move after a period of time.

Bourke referenced a statement from an officer on the scene, who said they saw a woman walk into the side of Borrows’ car after being pulled away.

Treadwell denied doing that, saying she stood still until she was hit, and was only pulled away by police.

Constable Stewart Bourne…

…said he had his back to the car when the protesters were hit. He filled in a crash report afterwards, which was produced by Bourke.

In the report, Bourne said the car was travelling 1kmh when it was “swamped” by protesters. Borrows was likely unaware of what had happened, and the vehicle and speed were not a factor, Bourne said in the report.

Bourke suggested to the constable the report showed Borrows had not been careless. Bourne agreed.

We will find out this morning whether the charge is dismissed or if the trial will continue.

Being able to protest is an important part of a democracy.

Keeping out of the way of cars is an important part of personal safety.

43 Comments

  1. Corky

     /  May 9, 2017

    This is bs. One look at the incident should have settled the debate . Looking at [deleted derogatory reference – PG] in court making accusations, its a pity Borrows didn’t give something to really whine about.

    • Corky

       /  May 9, 2017

      Opphs…sorry, Pete. I forgot the case is pending.

      • I was once knocked down and hurt by a car-and it bloody well hurt. I didn’t see anything on the video that looked as if the protestors were in danger. The car was going so slowly that it was hardly moving at all. The ‘worst injured’ one was never in danger of going under-nor did I see her being folded over the bonnet.

  2. David

     /  May 9, 2017

    What a ridiculous prosecution, so the coppers wont investigate dine and dash, shoplifting etc. because they seem to view it as a commercial issue but have time and resources for this farce.
    Burrows is charged yet the guy threatens a Minister of the crown with a dildo but thats no problem. Wonder what action would have been taken if it was a senior copper nudging protesters out of the way.

  3. Pete Kane

     /  May 9, 2017

    “What a ridiculous prosecution…….” – Agree David.

  4. I saw the video though it appears to have now been taken down. On the basis of that video it would seem there’s no charge to answer. I hope it gets screened in court.

  5. Nelly Smickers

     /  May 9, 2017

    Crown Prosecutor apologizes after discovering wrong video played to court ……

    XD

  6. Zedd

     /  May 9, 2017

    Mr Borrows used to be a cop.. he knows the law. Unfortunately it seems that some in ‘positions of power’ think they are above it ? we shall see…. :/

    • Corky

       /  May 9, 2017

      Buy some eyeballs so you can actually see what happened, Zedd%. I’m down ticking you for being a screaming skull.

    • PDB

       /  May 9, 2017

      Zedd is a classic example of why people are leaving the far-left in droves………

  7. Chris

     /  May 9, 2017

    If you look at the video, from memory, there is no case to answer.

    • Gezza

       /  May 9, 2017

      I’ve watched the only clip I’ve ever seen on this incident a half a dozen times, looking at what everybody involved is doing. The only woman who might I would think have any medical certification confirming any actual physical injury would appear to be Ms Treadwell – who claims the left front car wheel ran over her foot & bruised it – although a police officer obscures any view of that actually happening. From her location & a genuine sounding yelp, it seems likely to me that that did actually happen. If it did, though, it’s apparent that the lady had placed herself in harm’s way and any injury she may have received was purely accidental. Borrows’s driving certainly doesn’t seem reckless.

      http://www.nzherald.co.nz/wanganui-chronicle/news/article.cfm?c_id=1503426&objectid=11610334

      • Gezza

         /  May 9, 2017

        The video clip’s embedded in the article. They showed it last night on 1Ewes.

        • Alan Wilkinson

           /  May 9, 2017

          As I’ve said before, the video seems to show that the policeman rushing in from behind inadvertently cut off the protesters space to back away and probably caused the accident.

          • Gezza

             /  May 9, 2017

            Well, at the most elemental level of the whole incident, it seems to me the protestors deliberately attempting to prevent Borrows from lawfully exiting his driveway caused the accident.

            • Alan Wilkinson

               /  May 9, 2017

              I don’t think you can know that was their intent. Yes, they were blocking the driveway but moved when he moved. I suspect their actual intent was to do anything necessary to get on TV. I think the law will consider who had the opportunity to prevent the accident when it was imminent and foreseeable. Probably the answer will be nobody.

            • Gezza

               /  May 9, 2017

              Alan when you see that car coming out of a driveway and a few people stand right in front of it, in the driveway, & don’t immediately move aside to let it simply exit the driveway – what is it exactly that you think they might have been doing? Seeking to prove that they were actually capable of somehow dematerializing & letting it pass right through them ?

              You can certainly speculate on how long they intended to prevent it from exiting for, but you simply cannot argue that their intention was not to prevent it from simply exiting as & when reasonably intended by the driver. How long they did it for was probably going to be determined by what happened, such as whether they were moved out of the way by a lightning bolt, by the police, or a nudge from the driver, or both the last two, as it turned out.

            • Alan Wilkinson

               /  May 9, 2017

              Obviously they were deliberately being obstructive. They were intent on delaying him.

            • Gezza

               /  May 9, 2017

              Well, Chester certainly disproved my dematerialization demonstration hypothesis.

  8. Brown

     /  May 9, 2017

    I may be missing something here but it looks to me as if the police officer says there’s nothing to answer for yet the police have issued an offence notice. Are the police so stupid that a ticket would get issued and court ensue when the police evidence is that it shouldn’t have been?

  9. Nelly Smickers

     /  May 9, 2017

    BREAKING….

    XD

    • Gezza

       /  May 9, 2017

      Andrea was on 1Ewes talking about the case last night. Honestly, she really needs to do something different with her hair. She’s being a bit smutty here. I wonder what on earth she’ll come out with on the news tonight. Thank god Wendy & Simon are presenting during weekdays. They might have a grin. Melissa would probably get the giggles.

      • Nelly Smickers

         /  May 9, 2017

        LATEST…..

  10. Nelly Smickers

     /  May 9, 2017

    JUST IN….

    *Judgement on Burrows case due at 4.30pm……*

  11. Blazer

     /  May 9, 2017

    overkill ..hope Chester beats this …one.

    • Blazer

       /  May 9, 2017

      churr..Blazer.RIGHT..again…bitch.

      • PDB

         /  May 9, 2017

        I think you mean – right FOR A CHANGE…….

  12. So he’s been found not guilty. Not surprising. If you don’t want to risk being run over by a car keep away from it when it’s moving.

    In her decision, Judge Stephanie Edwards said she was satisfied Mr Borrows was prepared to stop if he was told to by police and if he felt anyone was in danger.

    She said the prosecution had not proved their case.

    http://www.radionz.co.nz/news/national/330420/whanganui-mp-found-not-guilty-of-careless-driving

    • Gezza

       /  May 9, 2017

      Good decision. The lady making a big thing out of trying to make it look & sound like she was thrown onto the bonnet wouldn’t even be considered as an extra on Shortland Street, imo.

  13. Alan Wilkinson

     /  May 9, 2017

    He was acquitted.

    • Gezza

       /  May 9, 2017

      Where’s Kitty. I’m getting a bit concerned.

      • Nelly Smickers

         /  May 9, 2017

        I’ve been asking *the very same question* for the last couple of days, G……I’ll bet she’s back with a vengeance any day soon ❗

        [deleted personally targeted image]

        • Wasn’t bad but that sort of thing too easily escalates so it’s easiest just to not have any of it, as Nelly should know by now.

        • patupaiarehe

           /  May 9, 2017

          Um, OK. Is moderation here now being done surreptitiously? Pete???

          • No, I’ve been open about aims and what I don’t think is appropriate. If unrestricted some have proven they can’t be responsible, if i do nothing they push things further and further over the line.

            I’ve explained often enough, too often in fact. Personal attacks and criticisms and digs and provocations are unnecessary and detrimental to decent debate and too easily end up in shit fights and whinging about unfairness because someone else did something etc etc.

            So to keep things so that people aren’t deterred from commenting without risk I sometimes need to intervene.

            Keep things decent and civil and I don’t need to do anything, it’s fairly simple really.

          • I should add that there’s a small number who have shown they can’t be trusted or I need to take cautions to protect the site who are on auto moderation. If there comments meet behavioural criteria they get through.

            I haven’t got the time or inclination to keep dealing with messes so some preventative action became necessary.

            • patupaiarehe

               /  May 9, 2017

              OK, fair enough, your call. Just for the record, I wasn’t trying to provoke.

            • I didn’t think you were. Sometimes people get caught up by the actions of others.

              I don’t want to stop harmless banter but it’s an imprecise art in stopping problems from growing.

          • patupaiarehe

             /  May 9, 2017

            Yup, that does happen. My point is that only you & I know what we are discussing. And that’s all I’m going to say about it. Your blog, your call…

            • patupaiarehe

               /  May 9, 2017

              BTW Kitty, I know you don’t need any help from Pete or myself… 😀

            • Nelly Smickers

               /  May 9, 2017

              Remember you can rely on *Me & Wayne* if you need any assistance Catkin….. XD

            • patupaiarehe

               /  May 9, 2017

              Snort! You & Wayne would be about this useful…