I have received my summons and a lovely letter from the nice Police Detective who visited me in person. I have to turn up at the Auckland District Court 5 Jan 2010 at 08:30. All my loyal fans are welcome to come along.
Apparently they think pictures of random items constitutes naming someone. Interesting. Using their definition Google image search identifies offenders with name suppression.
Maybe I’ll ask Deborah Manning to defend me? If it worked for Zaoui it’ll work for me.
What on earth does this say?
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Cam Im wondering if ya should delete ya address and DOB off the internet copy as in conjunction with ya full name could lead to ID fraud no?
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Chris Comesky will do it for the publicity won’t he? Oh, hang on, isn’t he #$@^&% *&%$^#@%‘s lawyer?
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hey mate your scribd links are password protected
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I’m not having any problem with them
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I am…I’m all signed up and they’re still password protected.
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nvm told me password protected but I just had to sign up.
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You know who will also be in court on the 5th. Everyone’s favourite comedian..
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Time for a “WhaleBalls” fighting fund…..?
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Doesn’t the law cover not only naming the person, but providing information that assists in identifying them?
I think you’re guilty Whale, but guilty of something that probably shouldn’t be a crime anyway.
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Actually, looking at it again, “particulars” would seem to suggest the things being published would have to relate to the person, and therefore help identify them.
Guess it (as usual) depends on the interpretation, and i’m not a lawyer.
Good luck!
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Exactly and as the images aren’t about the individual in particular or anything about them then it is moot.
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Very best of luck. The rules around this need dragged into the 90s. All a high-profile suppression does is kick off a hilarious spot-the-bob exercise at every office in the country.
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What BS, you’d think the police had more important things to spend their time on
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Oh Whale, if only I was back in NZ I’d be delighted to take a punt for you.
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This is a terrible time to try to find a lawyer, let alone a pro bono one. You get a summons 2 days before Christmas for an appearance just after new years. Most lawyers have stopped for the year or stop sometime today and many will not be back until after your hearing.
Meanwhile readership for all online media drops sharply from right now – so the chances of rousing a crowd is sharply reduced.
Whatever you do please make sure you actually have a lawyer – this is nothing to take lightly.
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Agree. You need a competent lawyer. Unfortunately, they are not free (and generally avoid working for the taxpayer).
As a non lawyer, how can pictures in code be disclosure unless everyone can work it out?
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what lance said
this is remarkably (and conveniently) nimble by the plod. you should aim for a long extension.
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Those pictures you posted in this thread. Orca, Massage oil, Cuts of meat, Body piercing. Pretty meaningless to me.
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WHALE OIL BEEF HOOKED!
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Look on the bright side Whale. If you are convicted, you’ll have a criminal record to add to your CV.
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The last picture kind of represents what is happening to you now.
I will be amazed and delighted to see you wriggle off it.
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Dont you just love the “Safer Communities Together’ blurb at the bottom of the page.
When shooting of police has become common, the together part is wee bit hopefull.
I suggest a new byline.
Bullet/stab proof vest , dont leave your police station without one.
BTW I suppose we arent going to hear about a former National MP whose name would be much harder to put into pictures
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I was kicking around a Gilbert rugby ball the other days and gace it a huge boot, it sailed absolutely Miles, I think they are great.
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Will the cops be visiting an astrologer and former racing journalist usually seen at the ‘top’ pub in Onehunga?
When you say ‘pro bono’ are they a variation on the ‘car boot’ kind?
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the cops have no choice really BUT what a great chance to bring this crap into the publics face.
Someone had to do it and you are a perfect champion of the cause .. good luck
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If only you were burgled, you wouldn’t have seen hide nor hair of them. Very nice of them to pop round before Christmas though, nothing at all to do with stacking the odds in their favour. They wouldn’t be that petty would they?
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Its probably too late to join the Labour Party.
Perhaps Trevor could put in a good word, he seems to see a lot of them. Chances are he will see them again. Imagine if you two ended up in a two beddy container cell together?
It would make a good reality series. Maybe you should pitch this to Julie Christie and pay for your Legal fees that way.
But seriously, good luck.
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I shall be there to add support on January 5th.
This matter does seem a bit childish when there are prison escapers, murderers and other criminal types the Constabulary and Courts should be dealing with.
(As a word to the wise… perhaps you could refrain from making any comments and delete this blog entry?)
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You know something Whale, I knew as soon as I read that somebody had actually cracked the puzzle and named the arsewhole as Kermadec Crunchywasp on your website, there was likely to be trouble. Good luck and thanks for doing your bit to make this a ‘safer community’.
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Refrain from making any comments? Delete this blog entry? This is NZ not China – free exchange of information and ideas Elijah say no to a police state.
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Was Kermadec Crunchywasp a greeo-roman wrestler? I cannot find him on the olympic’s team sheet. Also can anyone name a song that the entertainer “Bag of Flour and Cash” released?
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The pictures, I’ve got it:
The Belly Flopper Greased up and T-boned the Freak.
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ever think Whale this not about naming the child killing wife raper, more there is a political undertone here taking aim at yourself as they have fuck all else to do over the holiday?
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I think you should read subsection 5 a little more closely. The word “evades” might be relevant.
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To PK (and Whaleoil)…
The reason I suggested deleting this blog post was for four reasons -
1. District Court Judges do not like chaps who appear to be thumbing their nose at the law or the system.
2. Whale oil’s comments here and elsewhere about this matter more or less admit guilt.
3. To attract this level of publicity is extremely unwise if, due to having effectively admitted guilt, he is to be sentenced in due course.
4. Whale – you are doing yourself no favours if you continue along this road (of vast publicity and unwise comments); I strongly urge you to say nothing further online about this matter.
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I think Elijah is correct .. pity. Is it too late for you to join the Labour Party?
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Whale, I wish you had just left it with identifying the “musician”. I supported you on that – the guy was guilty and the suppression order when the case was finalised was a very bad decision by the Court. It was a good case for a civil disobedience protest to highlight the inappropriateness of suppression orders after someone has been found guilty. Someone should have done that with Shipton and Schollum too.
But with the “sportsman”, you went way too far. His case is completely different – he hasn’t even gone to trial, and the alleged victim can be identified from your post too without much effort. Your alleged breach of the suppression order may well jeopardise the Police case against the “sportsman”. Sorry, that one was a very bad call Whale, so I won’t be turning up at Court to support you on 5 Jan.
If you’d just left it with the “musician” I may have.
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Thanks Toad, but the \”Sportsman\” also has form. I know it is before the courts. It is also a stretch to say I identified the victim, because a) there are multiple victims b)The names are different c) His name was changed by Deed poll anyway after his last stretch.
I only linked to the NZ Herald article and that was it, the rest is pure supposition and also my searches of the Olympics database hasn’t found anyone called Kermedec Cruchywasp to have represented New Zealand. I’m not even sure Kermedec Crunchywasp has even been charged with anything.
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Correct on all counts, Whale. But he hasn’t been convicted of what he is currently charged with.
Schollum and Shipton had been convicted, and I agree their names should have been made public for what they had done. The suppression should have occurred in the subsequent trial re the alleged rape of Louise Nicholas, not on their convictions.
I know where you are coming from, and I agree with the principle, but I think you have it wrong tactically. Outing the “sportsman” pre-trial jeopardises the likelihood of him being convicted if he has done what he is alleged to have done.
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SO they CAN get a case to court at short notice– who would have thought!
Prepare for a Tim Selwyn style inquisition!
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You looked good on the MSM news item tonight whale. I don’t know why but I was expecting to see a much tougher angrier looking bloke than how you came across – I think if you show up in a suit, express the correct level of contrition, do some work for charity and post something really positive about the fabulous work that district court judges do you might even be eligible for diversion bro….
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Apply for name suppression.
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whale – just run the agressive defence – just say fuck that child killing wife raping black wanna be olympic hopeful. burn him to the ground, and say that it is in the public interest – go hard mate
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why are you the one to publish the name? What gives you the right? You must be a prick.
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I haven’t published the name idiot. I did no uch thing, the Police allege I published the name.
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‘Fraid you be goin‘ down Whale,you would have been better off raping ‚murdering or pillaging all those “crimes” seem to get a free pass.
But when it comes to self-defense,dissent or disobedience to judicial rulings, all of a sudden the cops and the judiciary grow a pair.Contempt of court is the worst crime of all according to judges.Probably because they know that‘s what we‘ve all got for them.The spineless fat fucks.
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Pretty simple buddy. On your first appears ask for a remand, at large without plea, this is due to the fact that there were no lawyers available. the penalty isn’t huge a max $1000.oo.
The prosecution must prove you knew who the suppression applied to so i think youve said fuk all to them i hope.
then its just a matter of pleading not guilty, ask to their evidence as part of their disclosure.
merry xmas.
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Whale now, you’ve got yourself into a mess that should have been beneath you – and beneath ALL of you, for that matter. Fact is, it doesn’t matter if the name-suppressee is a “musician” or not. Couple of questions:
* would you be so incensed if it was Joe the Plumber? answer: probably not
* would Joe the Plumber have got name suppression? answer: probably not
So why did this happen, and why are we interested? Because some non-adult-supervised immature little female starfucker went down an alley, for the usual reasons, and the “musician” lost it, made a bad judgement call and drew the short straw, and is now carrying a weight that should be being shared – I’ll tell you who doesn’t deserve name suppression: the girl’s parents.
ALL of you are way off base on this, and wasting your time as frivolously as the police now are. It’s all bullshit; not just what the police are doing.
Whale, my advice: bite it, pull back, get a life, save what you can of your skin. You aren’t going to win this one, and it wasn’t worth fighting in the first place.
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Do chidren invariably make good judgements – no. That is why they are protected by social conventions and by laws.
Why did it happen? Because some opportunistic minor celebrity made the wrong decision. Tough for him. Now he is a convicted sex offendder. And since the victim has publicly identified herself it shouldn’t be difficult (even for WAKE UP) to work out the identity of the victim’s parents.
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DTC – easy for you to say, probably because the opportunity to screw up like that has never presented itself to you. At its worst, it’s called entrapment, often followed by blackmail; at best, it’s often called “oops, it seemed like fun at the time but I changed my mind later, ‘cos my parents are mad at me”. Not one of you, so keen to stick to the judiciary/the celebrity/ the man seems to have allowed that the judge just might have been on to this.
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ffs whats the assholes name? I cant find it anywhere?
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Bobby Jean, fascinating – this could well be a significant part of Whale’s defense.
Where have you looked just out of interest?
I entered NZ musician on sex charges into google and nailed it by the eighth link and it was a montage of album covers with the production credit for each one highlighted, how come that web site is not being done for breach of the suppression order?
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captain crab.. i think we are related
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How can we contribute to the Save the Whale campaign?
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WAKE UP, you were not at the crime, and nor was I, so you do not know what was on the girls’ minds and nor do I. We do know that this pond scum admitted the crime. Most people regard sexual crimes against minors as repugnant. I am one of those people. This criminal low-life is in his 30s, so he is old enough and experienced enough to avoid this sort of problem. I don’t “screw up like this” because I have no sexual interest in children. Your mileage may vary.
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DTC, whatever’s driving you to abuse me is irrelevant. As it happens, I’ve been around the traps (and around these traps in particular) a long time. Emotive language like “pond scum” contributes nothing –and FYA I’m coming the point of view that, by musicians, he mightn’t even be a “musician”
. All I’m saying is (a) I think Cameron made a bad call taking this particular one on (b) there is a different take available on this case © too much of the reaction to this (and to my maverick contribution) has been just that – reaction, not thought (d) there’s no doubt that the New Zealand judiciary need a giant boot up the arse, but this particular case may not be the issue to do it on (e) contrary opinons are permitted on blogs robust enought to take them – these are all opinions I’m entitled to, and an ad hominem attack on me personally is no substitute for debating them.
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Surely you jest?
You don’t like ad hominem attacks but wrote ” Because some non-adult-supervised immature little female starfucker went down an alley, for the usual reasons, and the “musician” lost it, ”
I repeat: you were not there, and nor was I. We are not privy to the facts. His guilt, hovever, is not in contention. You attacked the victim, whose name is in the public arena, and I attack you for doing so.
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DTC, watch that space – there are reasons for this name suppression that make this a very bad case to bet the farm on. I’ve never said his guilt was not in contention. What I have said is that others are avoiding theirs; and in your eagerness to hang draw and quarter the one target that you can, you are aiding and abetting that.
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Ok Whale oil had some time to peruse the information.
IMO its defective.
1. They have spelt Auckland Wrong in the body of the charge.
2. it must fairly inform you of what you did wrong. The blanket has been thrown too wide. It doesn’t tell you exactly what supression order you breached.
At your first appearance DO NOT let the prosecutor amend the information.
Ok hows that didn’t cost ya a cent.
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Mike, neither of those ‘defects’ are of any value in negating the charges. Even if they were seen as being an issue, which they won’t be, then any judge would let the police amend them without hesitation. In this day and age the best you can hope for is that the information isn’t signed.
If you want to get picky, see who swore the information. If it isn’t a cop related to the investigation then get him/her in the witness box to see what they knew about the information when they swore it. At my local Courthouse the cops have the bad habit of swearing a pile of informations at a time, all in a neat pile and with the one oath covering all of the informations but completely ignorant of what any of them say. That, my friend, is perjury, but nobody makes anything of it.
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Thanks Smithy, sorry Cameron that’s me done :S
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I think you suck as much as the next leftie, but good luck fighting this Cameron.
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Surely daddy will pay for a lawyer for you? Why can’t he pull some strings, he was president of the National Party once. He must know some judges or lawyers from the old boys club?
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I understand your situation Whale and I’ll be there on the 5th to support you. It is my belief that this countries justice system is out of focus with whats really important and essential to any democracy. Its an offence to
“post pictures” which may or “MAY NOT” lead to the identification of a person so we’re told but we’re also told that there is 1 law for all people. Why are CERTAIN people exempt from name publication ? Lets institute a law that contains so much ambiguity that it confounds the masses but serves to perpetuate a justice system that does nothing in the end but line the pockets of lawyers. Laws are supposed to protect people NOT persecute them or are we to believe that if your station in life is of a higher level then most then its ok to commit crime with impunity – Does posting pics in a certain order constitute an offence ? Where does civil liberties and freedom of expression some into play !!! I’LL BE THERE TO SUPPORT YOU CAMERON
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I’m hoping that Kermadec Crunchwasp will show up so I can show the judge who I was talking about.
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w[ho] tf is Dwayne Franks?? Ive never heard of him.
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Wrong, it isn’t him.
Though he is a sick puppy.
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