Anticorruptionnz's Blog

25/06/2011

When there is no accountability for perjury what expectation is there of truth?

Filed under: corruption — anticorruptionnz @ 5:28 pm

Today’s headlines are of  Mr Patrick O’Brien  who since  2007 has been trying to address Justice by confessing  to perjury  see   todays  herald article  .  In 2008  Police hired  Wellington lawyer Bruce Squire, QC, to investigate the allegations independently.

Squire was actually  hired in 2004  according  to the police web  site  to  look into allegations about the Police undercover programme.

Mr Squire finished his inquiry and sent his report to the police, but would not comment on his conclusions.

He said the report was sent to police more than a year ago…

Now if  this guy is having so much trouble confessing     what would  it be  like if you   tried to report   Perjury or corruption…   well I  can tell you   that you are pushing it up hill and the  offender has a much better chance of taking you  to  court  than you  reporting the  corrupt practices.. I know because I have tried.

And that is how new Zealand gets to be the least corrupt.. the wheels turn  very very  slowly , I think we are still processing 1948 .

In the intervening time the   ombudsmen sit    in their 10 storey building which incidentally used to be a ground floor office  but   now  site  entirely on top  of the mountain of  complaints,  Mr Obrien’s  ombudsmen’s page  reflects  my view of the efficiency of the  ombudsmen’s office.

And in the mean time the power of the  blue uniform still prevails in court ,  any thin a cop says is truth .

The same effect is had  by having   letters behind your name  apparently a  university degree makes you  honest and trust worthy.

Imaging jack the ripper..  Now look what   a few extra letters do

Jack the  ripper MD .. must be a respectable mortician ,

and jack the ripper LLB   well he must be a reputable  lawyer  who slays his opponents.

So   instead of  sending our   criminals to  prison we should  send them to university or put them in a blue uniform  and they will  become   honest and reputable citizens  overnight.

Its time NZ got real   make cops  , lawyers  and anyone else for that matter  accountable  to the truth.. if we cannot have truth in our courts  then we cannot have justice.

But in the least  ( perceived ) corrupt country in the world   it is important to keep our stats   in line to   preserve the pretence.

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09/06/2011

How the rich get richer

Filed under: corruption,Fresh prepared Ltd,Lynne Pryor,Terry Hay — anticorruptionnz @ 8:30 pm

When we look at the  commercial landscape of new Zealand  it soon becomes evident that the  very few peaks are  occupied  by  a handful of  men  who  all appear to be inter connected  one way or another.

The other observation is that many of these   persons did not  get to the top using their own   resources but did so while trampling    a hard working Kiwi in to the ground.

Morals , values ,ethics  and truth have nothing to do with  it appears that  it’s all fair in commerce  and that includes matters which are considered illegal in other countries.

However in New Zealand the luxury of using the  court to obtain what you want  exists  and   in using the court  you have the added benefit of financially stripping your opponent  to ensure the takeover is  swift and  painless..  that is painless for  those occupying the peak  not so  for the  poor sod who   is driven into the ground.

Truth is  also easily avoided because there  consequences of telling lies in court is minimal as no  one will take you  to  court for perjury as it simply is not economical especially if you are the one  who can afford   big  gun lawyers  and write it off as a business expense .

It is time  that we  sought accountability to the truth in our courts and ensured this by making  it uneconomic for those  straying from the truth  to do so.  Currently our legal system   appears to  favour those  who  can afford the   courts    and those who can afford the courts   use it   to financially strip their victims.

Perjury prosecutions are  rare because basically they are uneconomic against those who can afford to defend them.

Culprits of this tactic are those who hide behind company names   , only when you delve further do the real   culprits come to light.

Take this judgement for example FRESH PREPARED LTD   in  paragraph 6 of this judgement it states “It is important to record that the shareholders in Beach Road Nominees were Messrs Terry Hay and David Nathan.  And that “Hay owned Pacific Flight Catering

In the judgement   the judge goes on to say  that fresh prepared Limited , (that is Terry Hay and David Nathan  ) “apparently pursued a scorched earth policy, forcing all parties to incur legal costs on interlocutories far in excess of what, by any objective measure, was the very modest amount of its claim, which was well within the District Court’s jurisdiction.”

In the end   Mr de Jong the   target of their litigation was bankrupted .

He was not the first  ,   I have  personal experience with   David Nathan and Terry Hay  and while David Nathan, a  director of the  chamber of commerce  appears to   be on the outside in my matter,   he cannot deny his involvement   in the   destruction of THE GREAT DESSERT company  Limited.

The  story  is set out quite  clearly in the court report  The Great Dessert company limited v Vague

What stands out is that Terry Hay  was acting  in a capacity  which was more than a shareholder, he was preparing GST returns which  conflicted with the  figures which the owner of the  company had obtained.  He also communicated with the bank and  then he and David Nathan   used  a company for which they were directors  ( salad foods Limited)to purchase the debenture   from the  ANZ  just prior to it rolling over for another  year   and immediately place the  company in  receivership to recover these funds.

Had the debenture remained with the bank  the  loan would have been    advanced to the company for a further   12 months and there would have been no financial pressure on the   owner of the company.

The receivers were appointed and   a legal battle  began, Terry Hay  is good at these he uses them to bankrupt people  and then he retreats to Honolulu   so that he can  escape his accountability to our  justice system  when he is faced with a  multitude of fraud charges( hay charges )

The decision was favourable  for the original owner of the great Dessert company limited   but  they ran out of finance for the appeal and the liquidators  stepped in as planned.

The financial reports from the liquidators how the extra financial pressure the litigation placed on the company. Receiver’s 1st Report   .  Receiver’s Final Report

This is probably the cheapest way to take over a company  there is no goodwill to pay  and  you can then continue to trade with the company as if never ceased to exist even take over the trade mark as though  you are still the same company

Although I have no evidence that this is the case in this instance , I suspect that he  operators  of the Great dessert company are   puppets  just like  Lynne Pryor was in fresh prepared Limited and Salad foods Limited .

Terry Hay has other people fronting his businesses for him. This was and still is the case for fresh prepared limited  which has now morphed into  Salad foods run and operated  by convicted fraudster Lynne Pryor under supervision of her brother Graham Pryor  who has moved from media  to the food industry

The reason for using other people is that  his reputation precedes him and  there are those int eh airline industry who simply will not deal with  him.

Hay is still operating  Pacific flight catering through his appointed eyes and ears John Matsuoka whose address Hay uses  here in New Zealand for his shareholding.

Pacific flight catering  supply food for Air Pacific ,Cathay Pacific , Air Tahiti Nui , China Airlines , China southern , Thai air lines  and   have just lost the contract to  Malaysia Airlines

I should  add that  the  original  owner of the Great dessert company  a very accomplished  pastry Chef is no longer with  us, the stress brought on cancer  which eventually claimed her life..  Well done  Mr Nathan  and Mr Hay looks in my opinion it looks like  legalised  theft and   murder.

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