re: warrant for arrest of Dean Cottle in 2009, issued Chch Court

K.Rees made this Official Information request to New Zealand Police

The request was partially successful.

From: K.Rees

DeDear New Zealand Police,

I am requesting any and all relevant information pertaining to the warrant for arrest of Dean Cottle in May 2009. The warrant was (said to have been) issued by Justice Graeme Pankhurst, during the David Bain retrial May 2009. Dean Cottle was meant to have been a (key) defence witness at the Bain retrial. He (was allegedly subpeonaed but)did not appear in court.
J Pankhurst told the court he had issued a warrant. Dean Cottle during this exact time went to Australia. After the trial was over, the arrest warrant was (allegedly) withdrawn. The warrant was issued at chch court, on or around the 19Th (?) may 2009. Cottle was known to be a resident of Dunedin. I would like information about the original warrant (did it exist?) and the subsequent followup by police in relating to bringing Cottle in to testify. A spokesman for Dunedin POlice later told the press that "police had not been tasked to look for him -" meaning Dean Cottle.
Was the warrant in question passed to Dunedin police, from the Chch end, and what happened then? I ask because there are discrepancies in what is on the public record in relation to this matter. I believe it is a matter of high public interest.
Many thanks in advance

Yours faithfully,

K. Rees

Link to this

New Zealand Police

Dear K. Rees,

Thank you for your email, which has been forwarded to the team who looks
after Official Information requests for follow-up.

Kind regards,

PUBLIC AFFAIRS TEAM
NZ POLICE

NB
-----K.Rees <[OIA #1593 email]> wrote: -----

To: OIA requests at New Zealand Police <[New Zealand Police request email]>
From: K.Rees <[OIA #1593 email]>
Date: 04/04/2014 01:10PM
Subject: Official Information Act request - re: warrant for arrest of
Dean Cottle in 2009, issued Chch Court

DeDear New Zealand Police,

I am requesting any and all relevant information pertaining to the
warrant for arrest of Dean Cottle in May 2009. The warrant was (said to
have been) issued by Justice Graeme Pankhurst, during the David Bain
retrial May 2009. Dean Cottle was meant  to have been a (key) defence
witness at the Bain retrial. He (was allegedly subpeonaed but)did not
appear in court.
J Pankhurst told the court he had issued a warrant. Dean Cottle during
this exact time went to Australia. After the trial was over, the arrest
warrant was (allegedly) withdrawn.  The warrant was issued at chch
court, on or around the 19Th (?) may 2009. Cottle was known to be a
resident of Dunedin. I would like information about the original warrant
(did it exist?) and the subsequent followup by police in relating to
bringing Cottle in to testify. A spokesman for Dunedin POlice later told
the press that "police had not been tasked to look for him -" meaning
Dean Cottle.
Was the warrant in question passed to Dunedin police, from the Chch end,
and what happened then? I ask because there are discrepancies in what is
on the public record in relation to this matter. I believe it is a
matter of high public interest.
Many thanks in advance

Yours faithfully,

K. Rees

-------------------------------------------------------------------

This is an OIA request done via the FYI website.

Please do not send progress updates as PDF files.

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[1]https://fyi.org.nz/help/officers

If you find this service useful as an OIA officer, please ask your web
manager to link to us from your organisation's OIA page.

show quoted sections

Link to this

K.Rees left an annotation ()

IF you want my address please email me for it, as I'm unsure where to send it otherwise. thanks
K.Rees

Link to this

K.Rees left an annotation ()

update, I believe the warrant was issued may 21st, not the 19th, sorry for my mistake. thanks

Link to this

From: THOMSON, Raewyn
New Zealand Police

Dear K Rees

 

I refer to your Official Information Act request of 4 April 2014 for
information about the warrant for arrest of Dean Cottle in 2009.

 

The information you are seeking is not held by Police and is more closely
associated with the activities of the Ministry for Justice. I am therefore
transferring your request pursuant to section 14 of the Official
Information Act 1982.

 

Yours sincerely

 

 

 

Raewyn Thomson

Ministerial Services

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

Link to this

From: K.Rees

Dear THOMSON, Raewyn,

thank you for your reply and I gather that it is your dept that refers the request on to MOJ- that I don't have to do that myself?
Also, could you please just clarify; do you mean the information is not held by police in general, or that there is no information relating to THIS specific warrant on your system?

Thanks again

Yours sincerely,

K.Rees

Link to this

From: THOMSON, Raewyn
New Zealand Police

In reply to your earlier email, I can confirm that your request has been transferred to the Ministery of Justice.

I have been advised that the information you are requesting is not held by Police but is more likely to be held by the Ministery of Justice.

show quoted sections

Link to this

From: K.Rees

Dear THOMSON, Raewyn,

Thank you for that information.
Unfortunately, The Ministry of Justice have failed to reply by the due date. I will send the request through again to the Ministry of Justice mysllf and ask what is the hold-up.

regards,
K.Rees

Yours sincerely,

K.Rees

Link to this

From: Vermeulen, Helen


Attachment image001.jpg
3K Download


Hello Mr Rees

I wish to advise that I have been forwarded your request for information
from the Ministry of Justice Wellington in respect of your Official
Information Request regarding the Bain trial, in particular the
information dealing with the warrant to arrest that was issued for  Dean
Cottle.  I advise that this request falls under the Criminal Procedure
Rules and not the Official Information Act as it relates to a Court
record.

 

I have referred this matter to a Judge who has asked that, before any
decision is made,  you provide detailed reasons as to why you require this
information.  This is a requirement under rule 6.10(2) of the Criminal
Procedure Act 2012. 

 

Regards

Helen

   

[1]Description: Helen Vermeulen
Description:
Ministry of Criminal Manager | Christchurch High Court| High Court of
Justice Crest New Zealand
Image
282 Durham Street, Christchurch| DX WX 10021

DDI: +64 3 962 4096 | Ext 54096

[2]www.courtsofnz.govt.nz

 

 

========================================================

Confidentiality notice: This email may contain information that is
confidential or legally privileged. If you have received it by mistake,
please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

================================================

References

Visible links
2. http://www.courtsofnz.govt.nz/

Link to this

From: K.Rees

Dear Vermeulen, Helen,

Thank you for that information. I have read up on the Rules you refer to, and am now preparing my reasons for the judge to consider. You will be hearing from me in due course. Thanks again.

Yours sincerely,

K.Rees

Link to this

Things to do with this request

Anyone:
New Zealand Police only: