All posts tagged inquiry

Report from Operation Burnham inquiry

Inquiry into Operation Burnham

In April 2018 the New Zealand Government announced that an inquiry into Operation Burnham and related matters would be held.

Operation Burnham was undertaken in Afghanistan by NZSAS troops and other nations’ forces operating as part of the International Security Assistance Force in 2010.   

In 2017 the book Hit & Run was published which contained a number of serious allegations against New Zealand Defence Force (NZDF) personnel.

The Inquiry has sought to establish the facts in connection with the allegations, examine the treatment by NZDF of reports of civilian casualties following the operation, and assess the conduct of NZDF forces.

In common with all inquiries established under the Inquiries Act 2013, this Inquiry has no power to determine the civil, criminal, or disciplinary liability of any person, or award reparations.  However it may, if justified, make findings of fault and recommend further steps be taken to determine liability.

The Inquiry reported back to the Attorney-General on 17 July 2020. The Government has authorised the release of the report which is now published on the Inquiry website.

RNZ: Operation Burnham: Child killed, but death was justified, inquiry finds

A civilian child was killed during Operation Burnham in 2010, but an inquiry has found their death was justified under international law.

Four others were killed, but the government inquiry could not determine if they were civilians or insurgents.

The Burnham Inquiry, led by Sir Terence Arnold and Sir Geoffrey Palmer, has also found New Zealand Defence Force (NZDF) officials did not plot to cover-up the casualties, as claimed in the book Hit and Run by investigative journalists Nicky Hager and Jon Stephenson.

It did, however, find the Defence Force never corrected claims made to the public and ministers by its personnel that allegations of civilian casualties were “unfounded”, despite knowing it was possible.

The Inspector-General of Intelligence and Security has also released its report, which found New Zealand’s intelligence agencies could have done more to help set the record straight.

Read the summary of the findings and recommendations from chapter 1. [PDF, 332 KB]

Read PDF chapters of the report through the following links: 

Read the full PDF of the report in a high resolution, easy to print version. [PDF, 14 MB]

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by Pete George on 31st July 2020  •  Permalink
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Posted by Pete George on 31st July 2020

https://yournz.org/2020/07/31/report-from-operation-burnham-inquiry/

Ardern announces separate Party inquiry alongside QC complaints inquiry

Jacinda Ardern announced that the terms of reference for the Maria Dew inquiry into allegations made against a Labour staffer had been decided but would remain secret (at the request of complainants and the alleged offender).

And she said that Dew didn’t want to investigate the party’s handling of their own inquiry, so there would be a separate inquiry into that. terms of reference were also not disclosed.

Stuff – Labour scandal: Party to conduct two separate inquiries into sexual assault allegations

Labour will conduct a separate inquiry into its response to sexual assault allegations made against a former staffer.

Prime Minister Jacinda Ardern announced the review at her post-Cabinet press conference on Monday, saying the party had failed its members.

The inquiry will sit alongside the initial inquiry by QC Maria Dew into the actual sexual assault and bullying allegations against the staffer.

Labour’s lawyers, Kensington Swan, will finish an already-begun report on the Labour response to the complaints, but this will then be handed to a separate third party lawyer to establish the facts, based solely on paper evidence.

The complainants and the party will then be able to offer comment as part of this report. Ardern said it would be released to the public if those involved were comfortable with that.

The inquiry would remain paper-based as to not subject the alleged victims to multiple interviews, Ardern said.

Asked whether her own office and senior MPs would be subject to the inquiry, Ardern said she expected anyone asked to be involved.

That doesn’t really answer the question. It depends on what and who Labour’s own lawyers check out, and what the “separate third party lawyer” chooses to investigate, or is asked to investigate.

The Prime Minister said the terms of reference for the Dew inquiry were now finalised but the complainants did not wish for them to be released to the public.

Ardern is still making it clear that she accepts that mistakes were made.

“There are no excuses for Labour’s handling of these allegations and I will offer none. Mistakes have been made. It is now my job to address that.”

A lot is riding on how well Ardern addresses that – and how well she is seen to address it. Some details will need to remain confidential, but openness and transparency are very important, or the damage of her reputation will not be undone.

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by Pete George on 17th September 2019  •  Permalink
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Posted by Pete George on 17th September 2019

https://yournz.org/2019/09/17/ardern-announces-separate-party-inquiry-alongside-qc-complaints-inquiry/

Labour’s ongoing bungling of dealing with assaults within the party

The Labour Party badly bungled how they handled the complaints of assault that happened at a Young Labour Summer Camp in 2018 – the accused person has just pleaded guilty to two charges of assault.

Worse than this, stories keep emerging of far more serious sexual assaults by a Labour staffer working in the prime Ministers’s office.

The responsibility for this disturbing mismanagement lies mostly with the party president, Nigel Haworth, but Jacinda Ardern is also tainted by association, especially by apparent close association regarding the staffer.

The party tried to deal with the Summer Camp problem internally until complaints went public, an inquiry was ordered, and police lay charges. Haworth and Ardern vowed to sort out their procedures for dealing with complaints. But they have botched again.

It finally got to trial last week, and after chargees were dreduced the trial ended with guilty pleas.

RNZ on September 4 2019:  Man accused of Young Labour camp assaults pleads guilty

The man accused of assaulting teenagers at a Young Labour summer camp has pleaded guilty to two charges of assault on the third day of his trial.

The 21-year-old, who has continued name suppression, was facing five charges of indecent assault in relation to four teenagers.

He was accused of touching the genitals of two young men, kissing and licking a young woman on her neck and face and groping another young woman’s breast and bottom.

Today, midway through the trial, he pleaded guilty to assaulting two young men at the camp near Waihi last year.

The indecent assault charges, in relation to the two young women, were dropped this morning.

The third indecent assault charge, in relation to one of the young men, was dismissed.

The man’s lawyer Emma Priest had earlier asked the jury to consider whether or not the defendant was the sexual offender the Crown suggested he is, or just a young man at a party “caught up in a political storm”.

She has indicated she will apply for a discharge without conviction.

After the charges were withdrawn, Ms Priest said her client had always been prepared to take responsibility for the two assaults.

The man will be sentenced in November.

Judge Russell Collins said he hoped what happened at the camp wouldn’t put young people off being involved in political groups.

It sounds like the assaults were relatively minor but of a sexual nature, and there were multiple victims.

While the man’s name remains suppressed there have been suggestions he may be related to someone senior in the Labour Party.

Following the trial which brought up Labour’s poor handling of the assaults, more details and claims emerge from the party problem in Parliament.

It appears that the Labour Party is failing assault victims badly here. On Sunday from Stuff:

Young Labour abuse victims barred from Parliament offices

​Labour’s president Nigel Haworth barred complainants and witnesses in an alleged bullying and sexual harassment case from one of Parliament’s main buildings.

Leaked emails show Haworth and other senior officials instructed the women, all Labour party members, to stay away from the Labour party offices in Bowen House, where the man at the centre of their complaints works.

Monday from The Spinoff:

A Labour volunteer alleged a violent sexual assault by a Labour staffer. This is her story

A Labour party staffer is alleged to have committed a serious and sustained sexual assault on a 19-year-old volunteer early in 2018. The volunteer told the Spinoff the assault was compounded by the resulting inquiry, during which the alleged perpetrator was not stood down from any duties, which included the supervision of Young Labour volunteers.

The complaint process, undertaken entirely by people within the Labour Party, has left her feeling “angry, quite fearful and desperate”.

The alleged perpetrator has ties throughout the party hierarchy. The woman, who remains a member of the Labour Party, said the man’s level of influence left her constantly frightened of the impact of speaking out.

Over the course of numerous in-depth interviews with The Spinoff, Sarah – whose name has been changed to protect her identity – detailed how she was pinned down and sexually assaulted at the man’s home during a private meeting to discuss party business in early 2018. The process that followed, beginning in April 2018 during the post-Labour Camp review undertaken by Maria Berryman, has completely eroded her faith in the party.

Sarah is one of at least seven people who made formal complaints in relation to the individual, ranging from bullying, intimidation and sexual harassment through to sexual assault. She described him as having a “pretty senior and active” role in the party, and being well-connected with several high profile Labour MPs.

The Party is running out of carpet to sweep this under. Nigel Haworth’s position must be in jeopardy.

Why Labour president must resign over sexual assault allegations

Ardern can no longer pretend that sexual harassment is someone else’s problem.

It will be a painful realisation, but Labour must accept that it has a toxic culture and does not look after its young members.

The first step in addressing that is to fire Haworth, the man who badly failed all the complainants.

This time, the party must protect them – and not turn away.

The Spinoff Editorial: Labour has failed vulnerable young members for a second time. There must be consequences

n the aftermath of revelations about an alleged sexual assault at a 2018 Labour youth summer camp, party leader Jacinda Ardern fronted the media to express her dismay. Both at what had happened, and how her party had responded to it.

“We failed the young people who told us they had been hurt – this failure left them feeling abandoned and I am deeply sorry for that,” she said.

Ardern and the party president Nigel Haworth vowed that such an experience and outcome was unacceptable, and when an inquiry was launched, announced that its scope would not simply be limited to the events at the camp, but open to other historical allegations, too.

Watching all this unfold was a young Labour member who had her own harrowing experience within Labour. Hearing their words, she found it within herself to approach the lawyer appointed to lead the investigation. After hearing from the lawyer that the summer camp allegations were taking priority, she met with the party president and assistant general secretary, who formed a panel to investigate her claims.

As The Spinoff’s reporting showed this morning, some of the experiences which motivated the young Labour members to get in touch were incredibly harrowing. The allegations they carried with them were about a single party member, and ranged from bullying to abuse of power to assault to sexual assault.

The very fact of engaging with the party was intimidating. The man they were speaking out about was an influential staffer, well-connected within the party and its parliamentary wing. The fact that it was the same party investigating made them worried about the security of their information, and unsure about where loyalties lay. Yet they fronted up on a Saturday in March, and told their stories to a panel comprised of three members of Labour’s governing council.

That panel appears to have been more intent on containing the story for political reasons, with victims claiming they have been treated badly.

As reported on Sunday by Stuff, the alleged perpetrator remains in his role. And Haworth, who has now presided over two acknowledged failures, remains in his.

He, and his party, need to quickly decide whether that is a state of affairs which should continue. At the very least they need to pledge immediately and unequivocally that all future inquiries will be run by qualified individuals independent of the party.

It has been a long and torturous process. A process which began when a young woman decided to come forward after hearing the most senior individuals in the party encourage her to do so. At the time the party acknowledged having “failed” its young people. Unconscionably, another group of young people are today living with that same sensation – of a party which they loved having badly let them down.

Jacinda Ardern had to front up at her weekly media conference yesterday.

The Spinoff:  ‘Incredibly frustrated, deeply disappointed’: Ardern speaks on Labour inquiry

The prime minister and leader of the Labour Party, Jacinda Ardern, has this afternoon responded to questions relating to allegations of sexual assault by a Labour staffer, and the controversial process surrounding an inquiry into his behaviour. She was “incredibly frustrated and deeply disappointed” by the way it had been handled, she said.

“I want to make it very clear that I am deeply concerned and incredibly frustrated by the process that has been undertaken by the Labour Party, but also obviously by the nature of the allegations,” she said, speaking to reporters at her weekly post-cabinet press conference.

“I was informed in the very beginning that the allegations made were not sexual in nature. That is obviously directly counter to what is now being reported.”

Ardern said she had “sought assurances that they were not [sexual in nature] in the very beginning. I have obvious since seen and heard questions in the media raised as to whether or not that was accurate.”

Perhaps party management and the inquiry panel have tried to shield and distance Ardern from the issues, but their bungling has put Ardern in a very difficult position.

Ardern said she had attended a meeting of the New Zealand Council, the governing body of the Labour Party, on August 10, after the story was broken by Newshub. She had “very seriously shared my view that they were not the appropriate place to undertake inquiries around concerning behaviour by members of the Labour Party, but particularly they are not the appropriate place to ever undertake an investigation into a sexual assault, and that would be their view, too”, she said.

Following that meeting, Maria Dew, QC, was appointed to undertake a review of the original inquiry.

The prime minister would not say whether the individual at the centre of the inquiry had been stood down from his role in the Labour Party, but that “the person referenced in the article has not been on the precinct … for roughly five weeks now and will not be on the precinct at least for the duration of the inquiry that’s being undertaken by a QC appointed by the Labour Party.”

She said she does not believe the alleged is still attending party meetings and events.

Ardern should know exactly what the situation is with the staffer accused of multiple assaults. David Farrar claims that as party leader Ardern has the power to terminate the employment of the staffer: The clause Jacinda refuses to use

The staffer should at least be suspended pending the outcome of the latest inquiry. That is standard practice in other workplaces.

When asked if she retained confidence in the president of the Labour Party, Nigel Haworth, Ardern said: “I absolutely believe that the president wants to do the right thing by those involved and by the party. But I have had competing reports now on the nature of the allegations and the complaint process. It was a month ago that I expressed complete dissatisfaction with the way it had been handled by the Labour Party. And I’m now going to await the findings of the QC’s report.”

Awaiting the findings will allow this to fester further, but Ardern seems to want to continue with this hands off approach. She should at the very least be talking sternly with Haworth, now.

Ardern said the QC would report directly to her, rather than the NZ Council.

“I need absolute clarity. I have not received it through the competing reports to date … I do need a third party, a reliable, trusted individual to give me clarity and I will act on the findings decisively.”

That’s what she and the party should have demanded over the summer camp assaults issue, and when the Parliamentary staffer story broke.

She added: “I will be seeking assurance that the party will provide all the information that it was provided during the original investigation to the QC.”

She should be demanding that for herself right now.

Newsroom: Labour fails to learn from its mistakes

A little over a year ago, Labour Party president Nigel Haworth promised the party he had presided over since 2015 would change.

In the wake of claims that four young supporters were sexually assaultedduring one of the party’s summer camps, Haworth announced Labour had accepted all the recommendations of a review into the events.

Among them was a commitment to review or develop policies for sexual harassment and assault, bullying and the party’s code of conduct, as well as introducing “a new open complaints process to enable complaints to be received and responded to without delay and with the appropriate degree of specialist advice”.

Now, claims about Labour’s approach to allegations made against one of its employees suggests the party has not changed as much as it should have – but its president may have to.

…it is Haworth who is the constant in both cases, and Haworth who left Ardern expressing her concern and frustration about the Labour Party’s process.

The Prime Minister would not directly state that he had misled her, but her comment when asked if she had confidence in him that he had “articulated to me that he only wants to ensure he has done the right thing” smacked of damnation with faint praise.

Speaking after the complainants’ concerns came to light, Ardern said the investigation had been “a test of whether or not we’ve now learnt from” the summer camp scandal.

It is a test the party appears to be failing – and Haworth may be the one who has to pay the price.

I think that after two major failures Haworth should step down, and if not he should be stood down.

But there is a bigger political price that may be paid.

This is seriously threatening Brand Jacinda. She has talked strongly about new standards of decency in politics, but has failed to match her own rhetoric with her distancing from these serious issues. I think it is quite possible this will impact on Labour’s re-election chances significantly.

But that’s just a political consequence.

The worst aspect of this is the victims who continue to be very poorly protected and listened to by the party they had thought was better than all of this.

Update: It looks like the problem for labour is growing, with more people and claims coming out today.

Another person (male) has gone to media, corroborating what others have claimed, and claiming the accused man took a swing at him when he confronted him over his treatment of women, and claims a separate physical assault.

Labour assault investigation retraumatised victims – witness

A man who says he was assaulted by a Labour Party staffer would like to meet with Jacinda Ardern to discuss the party’s handling of claims of sexual abuse and assault.

The Prime Minister has refused…

https://www.rnz.co.nz/national/programmes/checkpoint/audio/2018712678/labour-assault-investigation-retraumatised-victims-witness

This is a problem that doesn’t look like going away for Ardern and Labour. Waiting weeks for the outcome of the QC inquiry to be completed may be too little, too late to avert or stem irreparable damage.

RNZ also gave credence to the open letter.

https://www.rnz.co.nz/national/programmes/checkpoint/audio/2018712686/ardern-urged-by-labour-members-to-act-on-assault-complaints

As did One News.

It comes after an open letter sent by some of the alleged victims of a Labour Party staffer asked for the Prime Minister to “do the right thing”.

Also:

A complaint has been made to Parliamentary Service against the person at the centre of the Labour Party staffer allegations.

It was made by a person who does not work at Parliament, meaning Parliamentary Service cannot act on it.

https://www.tvnz.co.nz/one-news/new-zealand/complaint-made-parliamentary-service-against-labour-staffer

This may or may not be a different complainant again but the claims are a little different to what was said on RNZ.

Former Labour party volunteer says he raised allegations with party president Nigel Haworth

But one of the 12 complainants told Stuff he directly raised the matter with the investigating panel in March this year.

He has provided Stuff with an email he sent to Haworth in May which refers directly to “this investigation …which involved elements of predatory behaviour, sexual violence and physical violence.”

And the man says he spoke about it in a two-hour meeting with Haworth in early July.

Haworth has been approached for comment but has not replied.

“I definitely had those conversations with him and there is an email proving it,” the complainant told Stuff.

https://www.stuff.co.nz/national/115693354/former-labour-party-volunteer-says-he-raised-allegations-with-party-president-nigel-haworth

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by Pete George on 10th September 2019  •  Permalink
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Posted by Pete George on 10th September 2019

https://yournz.org/2019/09/10/labours-ongoing-bungling-of-dealing-with-assaults-within-the-party/

Second inquiry by State Services over budget leak

The State Services Commission has announced they investigate statements made and actions taken by the Secretary to the Treasury Gabriel Makhlouf following the leak of budget data two days before budget day last week.

This is in addition to an inquiry into the leak itself, announced last week.

Makhlouf seems to have handled things poorly, and the Government was messy with their handling as well.

But two inquiries as a result of the National Opposition ferreting for something so they could grandstand and embarrass the Government.

What has been achieved overall? More self inflicted discrediting of Parliament and politics in general. I don’t see anything positive from all of this.

There is no benefit to the public.

Last week:  Inquiry into unauthorised access to Budget material

The State Services Commission will undertake an inquiry into how Budget material was accessed at the Treasury.

The Secretary to the Treasury, Gabriel Makhlouf, asked the Commissioner to inquire into the adequacy of Treasury policies, systems and processes for managing Budget security.

“Unauthorised access to confidential budget material is a very serious matter,” said State Services Commissioner Peter Hughes.

“Mr Makhlouf has asked me to investigate and I am considering my options. This is a matter of considerable public interest and I will have more to say as soon as I am in a position do so.”

While there is no evidence of a system-wide issue, Mr Hughes has asked Andrew Hampton, the Government Chief Information Security Officer, to work with the Government Chief Digital Officer, Paul James, to provide assurance that information security across the Public Service is sound.

“This is an important issue because it goes to trust and confidence in the Public Service and in the security of government information,” said Mr Hughes.

“The inquiry will seek to understand exactly what has happened so that it doesn’t happen again.”

Today:  Investigation into statements made and actions taken by the Secretary to the Treasury

State Services Commissioner Peter Hughes has today announced an investigation into recent questions raised concerning the Chief Executive and Secretary to the Treasury, Gabriel Makhlouf, and his actions and public statements about the causes of the unauthorised access to Budget material. 

The investigation will establish the facts in relation to Mr Makhlouf’s public statements about the causes of the unauthorised access; the advice he provided to his Minister at the time; his basis for making those statements and providing that advice; and the decision to refer the matter to the Police.

Mr Hughes said the questions that have been raised are a matter of considerable public interest and should be addressed.

“It’s my job to get to the bottom of this and that’s what I’m going to do,” said Mr Hughes.

Mr Hughes has asked Deputy State Services Commissioner, Mr John Ombler QSO, to lead the investigation. It will be done as quickly as practicable and the findings, and the Commissioner’s view of them, will be made public.

“Mr Makhlouf believes that at all times he acted in good faith,” said Mr Hughes. “Nonetheless, he and I agree that it is in everyone’s interests that the facts are established before he leaves his role on 27 June if possible. Mr Makhlouf is happy to cooperate fully to achieve that. I ask people to step back and let this process be completed.”

Neither Mr Hughes or Mr Makhlouf will be making any public comment until the investigation is finished. Mr Makhlouf will be working as usual during this period.

The investigation announced today is separate to the inquiry announced last week into the unauthorised access of Budget information. The Terms of Reference and who will lead this inquiry, which is expected to take some months, will be announced shortly.

What about an inquiry into why politicians waste so much time (and public service time) doing negative crap that has no real benefit to the country?

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by Pete George on 4th June 2019  •  Permalink
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Posted by Pete George on 4th June 2019

https://yournz.org/2019/06/04/second-inquiry-by-state-services-over-budget-leak/

Hager’s presentation to Operation Burnham inquiry

RNZ – Operation Burnham Inquiry: Hager accuses Defence Force of spin and lies

Journalist Nicky Hager has launched a scathing attack on the Defence Force during a presentation to the Operation Burnham Inquiry, accusing it of not telling the full truth about its operations in Afghanistan and Iraq.

The Inquiry, which is investigating allegations that six civilians were killed in Afghanistan during a New Zealand-led raid in 2010, and the military covered up what happened is holding a public hearing in Wellington today.

During his presentation Mr Hager spoke about the military and political context of events covered by the Inquiry, but said there was a gulf between what the New Zealand Defence Force does and what it chooses to tell the public and Parliament.

“NZDF seems to believe it is entitled to hide news that might not be welcomed by New Zealanders and to bend the facts whenever necessary to avoid criticism or scrutiny … not just mistakes made in war, but toxic foam used in bases, the scale of sexual abuse in the forces and much more.

“NZDF almost never admits mistakes until utterly forced to, and even then they will minimise and spin the news. Reputation trumps being up front.”

@Economissive:

Nicky Hager’s presentation to Operation Burnham is quite a read:

Operation Burnham public hearing 22 May 2019

Nicky Hager: the military and political context

The bit about false redactions to protect national security should be hard for the Inquiry to ignore….

Particularly as some of the names have been disclosed already:

This thread has a lot more coverage:

Website: Inquiry into Operation Burnham

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by Pete George on 23rd May 2019  •  Permalink
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Posted by Pete George on 23rd May 2019

https://yournz.org/2019/05/23/hagers-presentation-to-operation-burnham-inquiry/

Documents reveal NZDF knew civilians were killed in SAS raid.

Documents previously kept secret by the NZ Defence Force with the support of the Ombudsman have now come out in advance of an inquiry.

NZ Herald:  Documents too secret to be seen – but now the inquiry into the NZSAS raid says they should be public

New documents have revealed NZDF had intelligence showing civilians were killed just days after the 2010 NZSAS raid which is now subject to a government inquiry.

The details are part of an extraordinary document dump previously blocked by NZDF with support from the Office of the Ombudsman.

The documents have emerged as the inquiry prepares for public hearings this week at which lawyers for the Afghan villagers – those people directly affected by the raid – will not appear. The lawyers representing the villagers had pulled out of the hearing after complaints sufficient funding is not available to properly represent them.

That’s as much as I can see, the rest is behind the paywall, but this seems to be a big deal.

18 Comments
by Pete George on 20th May 2019  •  Permalink
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Posted by Pete George on 20th May 2019

https://yournz.org/2019/05/20/documents-reveal-nzdf-knew-civilians-were-killed-in-sas-raid/

Release of Mueller report

It sounds like the report detailing the findings of the Robert Mueller inquiry in the US is imminent.

UPDATE:  Robert Mueller has submitted his report on the Russia probe

Special counsel Robert Mueller has submitted a confidential report to Attorney General William Barr, marking the end of his investigation into Russian interference in the 2016 election and possible obstruction of justice by President Donald Trump, a Justice Department spokeswoman said.

The Justice Department notified Congress late Friday that it had received Mueller’s report but did not describe its contents. Barr is expected to summarize the findings for lawmakers in coming days.

In a letter to the leaders of the House and Senate Judiciary committees, Barr wrote that Mueller “has concluded his investigation of Russian interference in the 2016 election and related matters.”

Barr wrote that Mueller submitted a report to him explaining his prosecution decisions. The attorney general told lawmakers he was “reviewing the report and anticipate that I may be in a position to advise you of the Special Counsel’s principal conclusions as soon as this weekend.”

Attorney General Barr has sent this letter to the heads of the Senate and House of Representatives Judiciary committees:

Dear Chairman Graham, Chairman Nadler, Ranking Member Feinstein, and Ranking Member Collins:

I write to notify you pursuant to 28 C.F.R. 600.9(a)(3) that Special Counsel Robert S. Mueller III has concluded his investigation of Russian interference in the 2016 election and related matters. In addition to this notification, the Special Counsel regulations require that I provide you with “a description and explanation of instances (if any) in which the Attorney General” or acting Attorney General “concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.” 28 C.F.R. 600.9(a)(3). There were no such instances during the Special Counsel’s investigation.

The Special Counsel has submitted to me today a “confidential report explaining the prosecution or delineation decisions” he has reached, as required by 28 C.F.R. 600.8(c). I am reviewing the report and anticipate that I may be in a position to advise you of the Special Counsel’s principal conclusions as soon as this weekend.

Separately, I intend to consult with Deputy Attorney General Rosenstein and Special Counsel Mueller to determine what other information from the report can be released to Congress and the public consistent with the law, including the Special Counsel regulations, and the Department’s long-standing practices and policies. I remain committed to as much transparency as possible, and I will keep you informed as to the status of my review.

Finally, the Special Counsel regulations provide that “the Attorney General may determine that public release of” this notification “would be in the public interest.” I have so determined, and I will disclose this letter to the public after delivering it to you.

Sincerely,

William P. Barr

Attorney General

CNN:  This was the last week of the Trump presidency as we know it

This all began on May 17, 2017, when Mueller was appointed as special counsel by deputy Attorney General Rod Rosenstein. In the intervening 22 months (statistics courtesy of CNN Mueller probe expert Marshall Cohen):
  • Mueller brought criminal charges against 37 people and entities.
  • 6 of them were associates of President Trump: Campaign chairman Paul Manafort, deputy campaign chairman Rick Gates, national security adviser Michael Flynn, foreign policy adviser George Papadopoulos, Trump ex-attorney Michael Cohen and political svengali Roger Stone
  • 5 people have been sentenced to prison
  • Trump has referred to the investigation as a “witch hunt” more than 170 times.

 

44 Comments
by Pete George on 23rd March 2019  •  Permalink
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Posted by Pete George on 23rd March 2019

https://yournz.org/2019/03/23/release-of-mueller-report/

Police refuse to reveal any details of Dowie text inquiry

A police investigation into an alleged crime committed by a Member of Parliament is newsworthy – especially when the complainant or claimed victim is also an MP.

It’s common with major newsworthy crimes for the police to issue statements and have media conferences, with some outline and details of the investigation being made public.

But with investigations involving politicians they often if not always seem to prefer secrecy. There is no obvious reason for this, apart perhaps from protecting politicians from media mayhem.

David Fisher at NX Herald has used the OIA to seek information about an inquiry: Sarah Dowie and the text message inquiry – what the police won’t tell you

Police headquarters has pulled down the shutters on the investigation into the text message sent from National MP Sarah Dowie’s to Jami-Lee Ross.

Even basic details such as the date on which the complaint was laid and the part of the country where the investigating officer is based have been kept secret by police.

It came months after the end of their extra-marital relationship and included the words: “You deserve to die.”

Ross has previously said he did not make the complaint, which was received through the Crimestoppers freephone number.

Ross, 33, revealed the investigation just before his return to Parliament this year. It was a move which led to Dowie being named as one of the women with whom he had an extra-marital relationship while National MP for Botany.

Ross was obviously aware of the complaint and the means of making the complaint. It hasn’t been revealed whether this was due to contact with the police, or contact with the complainant.

Dowie said she was not aware of the complaint and had bot been contacted by the police.

Police headquarters had refused to make comment on the investigation, leading to the NZ Herald seeking specifics through the Official Information Act.

The sort of information sought was intended to place a context around the police inquiry involving a sitting MP – an unusual occurrence in any Parliamentary term.

Details sought included the date Crimestoppers took the complaint, when it was passed to police and where in the country the investigation had been assigned.

Other details included the rank of the officer leading the investigation, whether he or she worked in a specialised police area and the amount of time spent carrying out the inquiry.

Detective Inspector David Kirby, manager of the National Criminal Investigations Group, said: “The investigation is still ongoing and whilst the investigation is ongoing police is not in a position to go into specific details of the complaint.”

Kirby quoted the section of the Act relied on to refuse providing the information, which says OIA requests can be knocked back if doing otherwise would “prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial”.

Other areas police ruled out were the date on which Ross had been told there was an investigation, whether he had been interviewed – if at all – and whether Cabinet ministers had been told of the inquiry.

if the police had not been in contact with Ross when he revealed the complaint had been made it would indicate that Ross knew via the complainant. He has not said he had no connection to the complaint, just that he had not made the complaint himself.

It has prompted a former senior police officer to ask: “Why would this investigation be treated any differently to any other investigation?”

The blanket withholding of basic information, commonly released by police, was at odds with normal practice, said a former detective, who would not be named.

Do politicians get special treatment from the police? That’s how it appears. If so, why?

A basic tenet of our system is ‘open justice’. This sort of statement is comment in court judgments:

The starting point is the principle of open justice and the right of the media to report on decisions of court as reflected in s 14 of the New Zealand Bill of Rights Act 1990. The principle in favour of open justice should only be departed from in circumstances where the interests of justice so require, and only to the extent necessary to serve those interests.

See Erceg v Erceg [2016] NZSC 135, [2017] 1 NZLR 310 at [2]

New Zealand Bill of Rights Act 1990:

Freedom of expression

14. Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

But that is often balanced against the right to a fair trial, and this was given as a reason by the police for secrecy in this case. Claiming a right to a fair trial is a common grounds for seeking name suppression,  but in this case the names of both alleged offender and claimed victim are already known – because the claimed victim Ross revealed it to media.

So Ross chose to go public for political PR purposes, but despite this the police are refusing to give out any information or context, as seems common with inquiries involving politicians.

The difference in this case is a politician claims to be the victim and has already publicised the inquiry. This is an unusual situation.

Politicians are usually subject to more scrutiny than the general public, but not when the police are involved.

47 Comments
by Pete George on 17th February 2019  •  Permalink
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Posted by Pete George on 17th February 2019

https://yournz.org/2019/02/17/police-refuse-to-reveal-any-details-of-dowie-text-inquiry/

Mental Health and Addiction report repeats well known problems

The Mental Health and Addiction report details well known problems with mental health and drug issues, and makes 40 recommendations. Will the Government actually do something major to address the issues?  Or will we just have another inquiry in a few years time, as people keep suffering and dying?

Beehive: Mental Health and Addiction report charts new direction

Health Minister Dr David Clark says the Inquiry into Mental Health and Addiction represents a once-in-a-generation opportunity to rethink how we handle some of the biggest challenges we face as a country.

The Government has today publicly released the report of the Inquiry in full, less than a week after receiving it.

“Mental health and addiction are issues for all New Zealanders. Every community and just about every family has someone in it that has lived with a mental health or addiction challenge.

“The Inquiry heard many stories of people who did not get the help they needed and deserved. We must listen to these voices of people with lived experience.

“The report charts a new direction for mental health and addiction in New Zealand, one that puts people at the centre of our approach.

“It is clear we need to do more to support people as they deal with these issues – and do a lot more to intervene earlier and support wellbeing in our communities.

“The Inquiry panel has delivered a set of strong and coherent recommendations covering everything from the social determinants of health and wellbeing, to expanding access to treatment services and taking strong action on alcohol and drugs.

“We are working our way carefully through the 40 recommendations and will formally respond in March. I want to be upfront with the public, however, that many of the issues we’re facing, such as workforce shortages, will take years to fix.

“Reshaping our approach to mental health and addiction is no small task and will take some time. But I’m confident this report points us in the right direction, and today marks the start of real change for the better,” David Clark says.

Clark and Labour said urgent action was required – last year. Now he says “Reshaping our approach…will take some time”.

ODT:  Mental health shake-up urged

Mental health and addiction services are unbalanced, under-resourced, unfocused and require a major shakeup to make them patient-centric, the Government Inquiry into Mental Health and Addiction says.

A 219-page report released yesterday made 40 recommendations in a broad assessment of health issues which affect an estimated 20% of New Zealanders each year, and 50%-80% of people at least once in their lifetime.

”We think New Zealand’s future mental health and addiction system should build on the foundations in place, but should look and be very different,” the report said.

”At its heart should be a vision of mental health and wellbeing for all … hospital and inpatient units will not be the centre of the system.

”Instead, the community will be central, with a full raft of intervention and respite options designed to intervene early, keep people safe and avoid inpatient treatment where possible.”

Some recommendations are controversial, such as setting a targets for reduction in suicides – a 20% drop by 2030 – and to measure the effectiveness of mental health and addiction services.

New Zealand’s approach to drugs needed to change, the report said.

”While New Zealand was the first country to introduce a state-sponsored needle exchange programme, we seem to have lost our spirit and failed to put people’s health at the centre of our approach.”

It was similarly forceful on the place of alcohol in society.

”We do not believe one in five New Zealanders drinking hazardously each year is a small minority,” it said.

”We also know that alcohol’s reach across society is far greater than simply the sum of its impacts on individual drinkers; families, friends and communities are all touched through one person’s drinking ”

Key recommendations

• Repeal and replace the Mental Health Act.
• Review laws and regulations concerning drug possession and sale of alcohol.
• Set a target of a 20% reduction in suicide rates by 2030.
• Establish a suicide prevention office.
• Establish a new Mental Health and Wellbeing Commission.
• Significantly increase access to mental health and addiction services.
• Make improving mental health a specific focus of the primary healthcare system.
• Strengthen the consumer voice in developing mental health and addiction programmes.
• Make families more involved in treatment.
• Improve training and retention of mental health and addiction workers.

 

 

9 Comments
by Pete George on 5th December 2018  •  Permalink
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Posted by Pete George on 5th December 2018

https://yournz.org/2018/12/05/mental-health-and-addiction-report-repeats-well-known-problems/

Mental Health Inquiry report being released today

RNZ:  Govt to release Mental Health Inquiry report today

The panel, led by the former health watchdog Ron Paterson, has spent roughly 10 months consulting people around the country, holding more than 400 meetings and considering about 5000 submissions.

It delivered a 200 page report and 40 recommendations to the Health Minister David Clark last week.

The government will release the report today, but will not formally respond with its plan until March.

Dr Clark has said the inquiry will shape the country’s response to mental health for years to come.

There is pressure on the Government to act quickly with claims that current mental health care is in crisis.

Like:  Teens face up to three month wait for mental health services

Teens needing non-urgent mental health services in the top of the south currently face a wait of up to three months before they are seen.

There had been five resignations in CAMHS team across the district in the past six months and there were three vacancies.

Working in mental health care is very demanding.

The Inquiry website:  Government Inquiry into Mental Health and Addiction

Our purpose was to identify unmet needs and develop recommendations for a better mental health and addiction system for Aotearoa New Zealand.

We wanted to set a clear direction for the next five to ten years that Government, the mental health and addiction sectors and the whole community can pick up and make happen.

On 28 November 2018, we presented He Ara Oranga : report of the Government Inquiry into Mental Health and Addiction to the Government.

The Government has indicated it needs time to consider the report’s findings, but expects to release the report prior to the end of the year.

Once the report has been released it will be available on this website in various formats.

That should be today.

 

4 Comments
by Pete George on 4th December 2018  •  Permalink
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Posted by Pete George on 4th December 2018

https://yournz.org/2018/12/04/mental-health-inquiry-report-being-released-today/

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