Nottingham refused fishing expedition by Court of Appeal

Dermot Nottingham’s appeal against his conviction and sentence is on the Court of Appeal fixture list for next Monday. He has already been to the court trying to get cellphone records, emails and medical notes of three of his criminal harassment victims, claiming they lied at his trial, but the court refused that, calling it a fishing expedition.

NZ Herald: ‘Malicious and nasty’ blogger accuses former MP of perjury, asks court to release their emails

A “malicious and nasty” blogger, who was convicted of criminal harassment and breaching court orders, has now accused a former parliamentarian of perjury.

Dermot Gregory Nottingham was found guilty of five criminal harassment charges and two breaches of court suppression orders following a lengthy trial, in which he represented himself, during April and May last year.

He was then sentenced to 12 months’ home detention and 100 hours’ community work for what Judge Jonathan Down described as a blatant and contemptuous breach of court orders and an arrogant view of right and wrong.

Nottingham was targeting business people, civil servants and a former member of Parliament.

He had taken and published photos of them, their homes and was making false claims of drug abuse and corruption.

One of the five victims, all of whom have permanent name suppression, said they had been stalked and photographed, with their images appearing on the blog page.

The sentencing judge said they were the five worst cases of harassment, but that’s debatable. There were many victims of attacks from Nottingham and associates – including myself and others participating here at Your NZ.

Now, however, Nottingham wants the cellphone records, emails and medical notes of three of his victims.

He claims they are guilty of perjury, having testified at his trial.

This isn’t the first time he has made claims like that when court judgments haven’t gone his way (he has been a frequent visitor to courts over the past ten years, unsuccessfully most of the time).

In an application for a non-party disclosure hearing, Nottingham asked the Court of Appeal for the emails sent and received by the then-MP about himself.

Nottingham claimed this would prove they lied at his trial.

He also sought the cellphone records for the past six months from a second victim and the medical records of a third.

He has made a number of accusations in the past without having evidence, including in his failed prosecution of me.

But as in the past the Court of Appeal ruled against him.

“We are neither satisfied that those persons are likely to hold the information Mr Nottingham seeks nor, even if we thought that was likely, that all or part of it appears to be relevant,” Justices Stephen Kos, Brendan Brown and Denis Clifford ruled.

“The open-ended and speculative nature of the reasons on which Mr Nottingham based his application reflect the almost inevitability of that conclusion.”

The three judges said the application is “in reality, a fishing expedition”.

“Moreover, and most importantly, each of [the victims] gave evidence at Mr Nottingham’s trial and were cross-examined at considerable length.

“That cross-examination was an opportunity to test their evidence, both as to its credibility and its reliability.”

The Court of Appeal judges said because those being asked to divulge personal information were victims of Nottingham’s criminal harassment, it was further reason not to put them through the invasive process that a hearing would occasion.

Court of appeal judges referring to “victims of Nottingham’s criminal harassment” suggests it will be challenging for Nottingham to get the convictions overturned.

Nottingham, meanwhile, also appealed both his convictions and his sentence.

He had tried to argue at trial that his “articles” were covered by freedom of expression rights.

He has admitted writing “articles” on ‘that blog’ which will be nameless here, and I think that many who have read articles there, especially about themselves, will suggest Nottingham abused freedom of expression rights.

The prosecution against him, he claims, was a “false case” and the police had created evidence to “fit him up”.

That sounds like what he tried to do with me and others. Court costs awarded against him in those failed cases led to him being declared bankrupt last September.

Brian Dickey, Auckland’s crown solicitor, said Nottingham’s harassment was at the high end of the criminal spectrum, calling it “so malicious, so nasty”.

“He shows absolutely no insight into his offending, no remorse,” he said at the blogger’s sentencing.

The Crown had asked for a prison sentence after Nottingham’s conviction and is appealing the sentence. That will be heard at the same time as Nottingham’s appeals.

See Dermot Nottingham sentenced for criminal harassment, suppression breaches

Leave a comment

4 Comments

  1. Alan Wilkinson

     /  15th May 2019

    Nottingham in danger of having his missing scruples surgically implanted by the courts.

    Reply
    • Kitty Catkin

       /  15th May 2019

      …and the cellphone inserted where it won’t be much use to him….

      Reply
  2. Blazer

     /  11th June 2019

    Prison is a suitable outcome for this vexatious,unprincipled individual.

    Reply
  1. Nottingham fails in court again | Your NZ

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