Nottingham’s claims of perjury and court record

Dermot Nottingham has an extensive record of litigation, most of it unsuccessful. When he doesn’t get the judgments he wants he often blames others – sometimes the judges, and this has got him into trouble with courts. He also has a habit of blaming the victims of his legal misadventures, and also the victims of his harassment.

And this is what has happened after he was convicted of five counts of criminal harassment last July – he claims the victims of his harassment committed perjury.

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

While ‘malicious and nasty’ may sound harsh from my experience with Nottingham it is an appropriate description. I think he could justifiably be called worse things than that.

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.

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.

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.

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.

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

Nottingham claimed this would prove they lied at his trial.

However, in its decision sent to the Herald yesterday evening, the Court of Appeal refused Nottingham’s application.

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

Accusations of lying and fishing expeditions sound familiar. When launching private prosecutions against myself, APN, Allied press and Prentice he didn’t have evidence, just accusations that he hoped to prove in court (not the way prosecutions are supposed to work).

The first and only time I met Nottingham face to face, outside the Dunedin court in October 2015, he falsely accused me of lying in front of my lawyer. Later viaa email he threatened to report my lawyer to the Law Society for falsely alleged ‘serious misconduct’. He also said:

In due course I will be examining certain persons that I have been reliably informed are anonymous posters on your clients hate blog.   As part of that process I will be seeking their email and others records. 

I will also obtain your clients telephone and text records, and his emails.
 
This procedure will clarify whose criminal agenda he [and they] are pushing.

His ‘reliable’ informants were as bad as him at making things up.

This is a similar tactic he has just used with the Court of Appeal. It indicates he didn’t have evidence he claimed he had when applying to a judge to file charges. He made up accusations and conspiracies  – he claimed that the police, court officials and media had conspired against him, but never produced any evidence.

After eleven months the charges against APN and Prentice were dismissed at trial, and a week later Nottingham withdrew the charges against Allied Press and myself. The costs judgment NOTTINGHAM v APN NEWS & MEDIA LTD [2018] NZHC 1004 [9 May 2018] gives some indication of how the prosecutions were conducted:

[13] Mr Nottingham had brought a private prosecution against APN and Mr Prentice alleging that they had breached confidentiality orders in contravention of the Criminal Procedure Act 2011.

[14] Judge Collins dismissed the case against APN because Mr Nottingham did not have the right defendant..

[16] Judge Collins also held that Mr Nottingham’s evidence at trial fell well short of proving that Mr Prentice was the author or guiding hand behind the website alleged to have made the offending publication. He ruled that Mr Prentice had no case to answer.

[17] Before me, Mr Nottingham did not attempt to explain how, on any appeal, he could remedy this evidential lacuna. Rather, he sought to argue:

(a) that he, as prosecutor, should not have been required to bring the best available evidence to the Court;

(b) he should not have been required to prove every element of the charges; and

(c) that counsel for the defendants had an obligation to advise him if there was an error in his charging documents.

[18] These assertions demonstrate Mr Nottingham’s fundamental misunderstanding of the criminal justice system. They are untenable propositions, and it was frivolous and vexatious to attempt to advance them.

[24] Importantly, for present purposes, the affidavit was in any event inadmissible. As I noted in my judgment, it was replete with irrelevant material, opinion evidence and pontification by a Mr McKinney, who appeared as Mr Nottingham’s McKenzie friend, as to what he – Mr McKinney – thought the law is, or perhaps more precisely, should be. The affidavit contained a number of pejorative comments about Judge Collins and how he ran the trial. It also contained pejorative comments about other persons, in particular…Mr Prentice’s solicitor.

Conclusion

[26] The respondents were put to unnecessary expense, by Mr Nottingham’s multiple procedural failings, and by his obduracy in persisting with this matter, when it was or should have been clear from the outset that the proposed appeal was devoid of any substantive merit.

This is typical of a number of judgments against Nottingham.

The website nzlii.org lists 49 legal documents involving Nottingham going from last year back to 1989. Thirty five of them have been since 2015, an average of nine per year – and these are by no means all. They don’t include any from the District Court, where many of the proceedings began, and they don’t include judgments still covered by suppression.

In my case (alongside Allied Press) none of the proceedings documents are online. Over three years there were nine District Court appearances up until the charges were withdrawn. And following that there were two costs judgments in the District Court, two in the High Court (appeals) and one in the Court of Appeal. Nottingham must have been to court over a hundred times over four years.

Lying and perjury are common accusations.

From Nottingham v Real Estate Agents Authority [2015] NZHC 1616 (10 July 2015)

[29] The appeal is on the grounds:

That the Tribunal acted corruptly, dishonestly, and immorally…

1.1 Misreporting or not reporting evidence that proved that [the defendant] was guilty of the alleged offending;

2.1 Misreporting or not reporting evidence that proved that the CAC had acted corruptly;

14.1 Relying on the impossible explanations of [defendants] when the evidence that was before them proved those explanations as clear and relevant perjury;

[153] I also note that the Tribunal described itself as being concerned and disturbed that the Messrs Nottingham “generated an atmosphere of intimidation in our courtroom”.

[154] Given the nature of some of the appellants’ allegations against the Committee,the Tribunal had to ensure that the hearing was conducted in a structured and measured fashion and that the more extreme allegations did not detract from the real issues.

[155] I am satisfied that the exchanges of concern to the appellants amount to no more than the Tribunal doing its best to manage proceedings and to deal with issues sensibly and reasonably while being fair to all parties.

From Nottingham v Auckland District Court [2017] NZHC 777 (27 April 2017):

[8] Mr Nottingham commenced the present proceeding on 12 September 2016. The proceeding is styled as an application for judicial review. However, it alleges a criminal conspiracy to pervert the course of justice and seeks relief that cannot possibly be given in the context of an application for judicial review.

[9] In particular, Mr Nottingham alleges that Judge Paul and Judge Collins (who made procedural directions and rulings in the criminal case) conspired with District Court staff, the second defendants, the second defendants’ counsel and unnamed others, including members of the judiciary, the executive and the legislature, to “defeat, prevent, pervert, interfere, and obstruct justice in order to wrongfully acquit the second defendants” and to award costs in favour of the second defendants.

[10] The asserted “overt criminal actions” are baldly stated in 43 subparagraphs. These comprise outrageous and scandalous conclusory allegations which are wholly unsupported by any factual particulars. This can be illustrated by reciting the first ten alleged overt criminal actions on the list: “committing perjury”; “suborning perjury”; “promoting perjury”; “maladministering judicial office by protecting perjurers”; “maladministering judicial office by ignoring perjury”; “maladministering judicial office by encouraging perjury”; “making formal and informal applications that were based on, and supported by perjury, which perjury also contained false accusation against the plaintiff, [and others, involved]”; “maladministering judicial office by encouraging, and/or ignoring such applications, as cited immediately above”; “making [knowingly] false written, and/or oral, submissions, and/or rulings, as to facts, and law, in order to defeat, prevent, pervert, interfere, and obstruct justice”; and “ordering and/or carrying out the destruction of evidence”.

[11] No one is entitled to make allegations of serious misconduct, such as fraud or bad faith, let alone the extremely serious allegations of criminal conspiracy, corruption and dishonesty that have been advanced in this case, without being in possession of sufficient evidence to establish a prima facie case to prove it. Detailed particulars of the specific facts relied on must be pleaded to support the allegation. The statement of claim filed in this case fails miserably when judged against that standard.

Three months later Nottingham was granted leave to file charges against myself and three others after making conspiracy allegations that for which no cogent evidence was ever presented.

[14] The hopelessness of the present claim becomes even clearer when one examines the relief sought, almost all of which could not possibly be entertained in the context of an application for judicial review. The relief sought includes:

(a) an order setting aside the judgment of the District Court acquitting the second defendants and replacing it with a judgment of this Court entering convictions against the second defendants on all charges brought against them by the plaintiff, including convictions on charges that were not accepted for filing or heard;

(b) an order setting aside the judgment awarding costs to the second defendants and replacing it with an award of indemnity costs against the second defendants and their counsel in favour of the plaintiff;

(c) an order holding the second defendants and their counsel “in contempt for perjury, suborning perjury and conspiring to falsely accuse, and conspiring to defeat the course of justice”;

(d) a declaration that the perjury committed by the second defendants and suborned by their counsel was of a most serious nature and that the police should be notified of the specificity and impact of that perjury;

(e) an order directing that the behaviour of the defendants’ counsel be reported to police and the Law Society;

(f) a declaration that the District Court judges have criminally mis-conducted themselves in public office and should be subject to removal procedures as a result;

(g) a declaration that the judges should be investigated for contempt of court;

(h) an order giving access to the plaintiff of all communications between judges and staff and the second defendants, any anyone else [who] communicated with the District Court and the judges;

(i) a substantial award of damages in favour of the plaintiff against the judges and unnamed District Court staff; and

(j) an order stopping the defendants from harassing the plaintiff and his family.

[16] I have no doubt that Mr Nottingham’s claim must be struck out. It is replete with scandalous and outrageous allegations without any attempt having been made to provide supporting factual particulars. Further, almost all of the relief sought could not be granted in the context of an application for judicial review. I am satisfied that these flaws in the claim are of such a fundamental character that they could not be saved by amendment.

That last relief sought (i) is ironic given that Nottingham was the one who was later found guilty of multiple charges of criminal harassment, but he had a habit of accusing others of doing what he did. I was accused of harassing him and his family and associates when they were clearly the ones doing the harassing.

Those here who witnessed the extensive attacks on myself, commenters and Your NZ in late 2015 will attest to who was harassing who.

From Maltese Cat Limited v Doe [2017] NZHC 1634 (14 July 2017):

[26] Mr Nottingham seeks to obtain a declaration that there exists a strong prima facie case to lay criminal charges against those involved in these proceedings where false allegations and fraud have been committed (in the Family Court proceedings). This is opposed on the grounds that it is not an interlocutory application. I agree. False allegations in the Family Court let alone fraud are not an issue in these proceedings.

[27] This is a statement of an intention to prove perjury by the plaintiffs and others under cross-examination etc. This is not an interlocutory application, contemplated in a Part 18 High Court Rules hearing.

[28] This application intends to prove that others have sought to promote, assist, and fund the litigation in order to subvert the due process. Similarly this is an abuse of a Part 18 hearing.

Nottingham made similar (false) accusations against me.

[37] This is an application to have the Court hold the deponents for the plaintiffs in contempt for perjury and conspiring by order to obtain a fraudulent means.

[39] This is an application by Mr Nottingham for search orders of the providers of the emails and phone services to the plaintiffs, to prove a collateral purpose. There is no basis for such an order.

Similar to what he has just tried with the Court of Appeal.

[45] This litigation is in a form far removed from that contemplated when the Court was asked and agreed that the proceedings should continue as an application under Part 18 of the High Court Rules. It is not possible in interlocutory proceedings to resolve all issues of admissibility of the hundreds of pages of “evidence” Mr Nottingham intends to rely on.

[46] I am also concerned that Mr Nottingham apparently does not intend to give evidence himself when there is a live suspicion that he is the person who is the source of the defamatory material on the internet.

Subsequent to this Nottingham was found guilty of posting such material on his website, and he admitted he was the author, but claimed he was immune from New Zealand law, and (NZH): He had tried to argue at trial that his “articles” were covered by freedom of expression rights.

From Nottingham v District Court at Auckland [2018] NZCA 345 (3 September 2018):

Background

[2] In 2014 Mr Nottingham commenced a private prosecution against the respondents, Mr Martin Honey, Mrs Stephanie Honey and Mr Hemi Taka. The charges arose out of claims by Mr Nottingham that the respondents had operated a fraudulent real estate website. There was also a charge of perjury. After a 17day judge-alone trial, Judge Paul dismissed the charges on the basis that there was no case to answer.[3] He acquitted the respondents and made an order that Mr Nottingham pay them costs totalling $117,000 under the Costs in Criminal Cases Act 1967.

So a private prosecution alleging perjury was dismissed. Costs awarded against Nottingham in this lengthy proceeding and others, amounting to hundreds of thousands of dollars, led to him being declared bankrupt in September 2018 – see HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018].

I am not aware of any of Nottingham’s allegations of perjury or conspiracy being proven. He has been unsuccessful in almost all of this long litany of legal failures.

Talking of lying and perjury, in his failed attempt to prosecute me, in court documents Nottingham denied responsibility for posts on the now shut down laudafinem.com website.  From Notes of Judge J C Down on Sentencing 26 July 2018 (not online):

[22] Now, I make some findings of fact. Consistent with the verdicts of the jury I have concluded that between 2010 and 2015 Dermot Nottingham published or had published numerous articles on the blog site laudafinem.com. Either Dermot Nottingham is Lauda Finem (in other words, the leading mind of that blog) or
he is so intimately related to it that it is proper to conclude that he provided information and draft articles to that blog site knowing and intending that they would be published.

[23] During that five year period the defendant undertook numerous campaigns of harassment against a number of individuals, the most egregious and persistent of which were represented by the five complainants in the trial.

There were many others, including against myself and commenters here. I think that it is debatable that the worst were represented by those Nottingham was convicted of harassing. I have been contacted by a number of victims, who have gone as far as claiming Nottingham has ruined their lives.

[41] In relation to the breach of non-publication orders, Mr· Nottingham states as follows at paragraph 40 of his submissions:

It would seem odd that a severe sentence would be imposed on a party to supplying information to an overseas website on two killers that received no punishment, inclusive of no convictions, and name suppression, as to their identities.

[42] Not only does such a statement reinforce the contempt with which Mr Nottingham holds the decisions of the Court and the non-publication orders, but establishes beyond doubt that Mr Nottingham harbours no sense of remorse in relation to any of this offending.

So he now doesn’t deny providing posts to the infamous blog, despite denials of involvement (lying or at least misleading) in other court proceedings.

Nottingham is appealing his conviction and sentence. The Crown is also appealing his sentence.

Court of Appeal daily list for Monday 20 May:

2:15pm
CA472/2018 & CA492/2018 (to be heard together)
CA472/2018 Dermot Gregory NOTTINGHAM (In Person) v The Queen
CA492/2018 The Queen v Dermot Gregory NOTTINGHAM (In Person)

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7 Comments

  1. Alan Wilkinson

     /  18th May 2019

    It’s far past time to declare Nottingham a vexatious litigant. At present he belongs either in jail or a mental institution.

    • Kitty Catkin

       /  18th May 2019

      Yes to the first, no to the second.

      A small island with food and shelter but no computer or phone would be ideal for such people.

  2. Maggy Wassilieff

     /  18th May 2019

    It’s like he is the Courts own “Make-work scheme”.

  3. duperez

     /  18th May 2019

    The way things work in this part of history someone like Nottingham gets to be called ‘malicious and nasty’ or officially tagged a ”vexatious litigant.

    In parts of the world in other times some of the first signs of his errant behaviour would have seen Nottingham suffering the metaphorical ‘taken out the back and being dealt to.’

    Unfortunately we live in civilised times when pieces of shit sometimes get stuck on people’s shoes and dragged into places where normal people live and have their normal lives polluted.

  4. Duker

     /  18th May 2019

    Someone did some recent reserach ( 2016 , just before major rewrite of Courts Acts) on ‘Lay Litigants’ (LL) and vexatious litigants (VL).
    Apparently there has been an ‘explosion’ of LL before the courts including Supreme Court

    Not sure why Nottingham hasnt been declared a VL

    These are very similar to some of the accepted indicators of “vexatiousness”:
    • Extravagant allegations;
    • Non-compliance with procedure;
    • A failure to accept final outcomes;
    • Drawing more defendants into a circle of litigation;
    • Protracted proceedings;
    • The fact that one or more proceedings or statements of claim have been struck out;
    and
    • Improper purpose in commencing proceedings

    seems to tick every box , multiple times

    Its very wordy but usefull parts seem to describe the process of getting VLs out of the system? ( I hope its way over my head)
    https://researcharchive.vuw.ac.nz/xmlui/bitstream/handle/10063/6289/paper_access.pdf?sequence=2

    • Kitty Catkin

       /  18th May 2019

      It’s real thesis-speak, complete with endless footnotes and unneccessary quotes/detailed attributions (the Auden quote, the pointless explanation of why she’s using ‘they’ as a pronoun throughout) I recognise the style from my own and other people’s thesis work 🙂

      I didn”t read much, I must admit. I found it rather tedious.

    • Kitty Catkin

       /  18th May 2019

      He does indeed fit the criterion of a ‘VL’.