LETTER TO SERGEANT GARY MANCH, NEW BRIGHTON POLICE

This is a letter we sent, complaining about the way our Community Constable handled our neighbourhood harasment case. The letter says it all, really. We met with Sergeant Manch for an hour. Nothing at all was resolved, settled, or acheived. Make your own mind up:

Sergeant Gary Manch
New Brighton Police Station
Christchurch

19 February 2010
Dear Sergeant,

Gardiner (Applicant) vs McEwen (Respondent) CIV-2008-009-002002

I spoke with Sergeant Phil Barker last week, and he suggested that I write to you, prior to your return. I wish to express my deep concern about the handling of our neighbour harassment case, by your community constable, Senior Constable Shane Thompson. I refer you to the above case and associated affidavits, and ask for your help.

Since June 2007, we have received intimidation and harassment from our neighbour, Ms Robyn McEwen of 21 Monterey Place, Parklands. Disturbingly, she incites her children to participate in the needle. This has spread to the harassment of the Oughtons at 23 Monterey Place. The nature of the harassment is largely verbal, though there have been two physical assaults and a near-miss of my son by Ms McEwen in her car. Whilst Ms McEwen has no police record, her actions make her a danger to the two families being harassed. Clearly, Ms McEwen is not well. Also, it is clear; she has never had to deal with the consequences of her issues in her life.

As Constable Thompson can confirm, when the respondent receives a shock, the intimidation ceases for a time. We went to court on 14 October 2008, determined to deliver such a shock, that we believed the harassment would end:
• securing a restraining order, criminalising further abuse
• securing punitive costs, bringing home the consequences of her actions
• securing a judgement that she seek help for her personal issues

So, Constable Thompson had the opportunity to bring a resolution to this case. Despite our pleas, he chose not to complete an affidavit or attend court at the part-hearing on 14 October 2008. This allowed the respondent to omit key facts and make some offensive counter-allegations. My wife, Karyn, (the Applicant) and I had another court appearance on 21 April 2009 - it took us that long to secure Judge Crosbie again for the continuance. Only after months of lobbying, did Constable Thompson complete a short, inadequate affidavit and reluctantly agree to attend court. However, the day before the appearance, he declared himself sick. As a result, Judge Crosbie used this as an excuse to wash his hands of the matter, vacate the court and effectively end our case (see the enclosed Minute). We have spent in excess of $16,000 of our own money trying to end this harassment, to no avail.

Frankly, I found the timing of Constable Thompson’s sickness a cynical coincidence. If I was in his position, knowing the distress that our family had suffered, it would have taken wild horses to stop me attending. If I was truly sick, I would have attended court in a wheelchair, if I had to.

Constable Thompson stated that his reason for not attending court was that he is the Community Constable, and he should not have a bias. We have never asked Constable Thompson for any bias or opinion in an affidavit. We have only ever asked for him to state facts and events in court, not give opinion. Indeed, it was Constable Thompson himself who suggested we seek a Harassment Order! At no time when Constable Thompson knew we were preparing the case, did he indicate that he could not (or would not) attend court. Indeed we were given a precedent (Irvine vs Edwards 1999 DCR 171) where the community constable gave evidence for the applicant. Whilst Constable Thompson did supply some case notes, there were key omissions which should have been in his Affidavit: We were denied that opportunity.

Constable Thompson’s handling of this case has left two families with very different perceptions of our police force. In these days of continuing public debate about confidence in our police, I would ask you to take note:

• One family feels bitter, let down and unprotected by the police.
• One family realises that it can conduct a pattern of harassment and intimidation with virtual impunity

I am told, continually, that I should let this matter lie. I’m told I should “let go” and “try to move on.” However, there is the part of me that feels so wronged, that I have to write a series of letters, including this one to you. What I’m asking for is:

• Change. If no-one flags this, then nothing changes for the better. For example, if Community Constables are obliged to testify to resolve a case (and prevent a crime!), then this will be a good thing.
• Accountability. There has been no accountability from the respondent or Constable Thompson for the distress and financial hardship we’ve suffered.
• Help. If Robyn McEwen hurts someone in our street, you and I both know that all the respective parties involved will run to protect themselves or shift blame. If that happens I wish it be known that I have documented this warning, should nothing be done to prevent a tragedy. I’m asking you to prevent a tragedy.

I look forward to your help and advice, and to meeting with you soon.

Yours sincerely,


Paul C Gardiner