Auckland Barrister

Police do not want Taser cam

2010-02-24T07:07:00.001+13:00

Marie Dyhrberg appears on morning TV to talk about Police not wanting Tasers videoed.

Taser as torture

2009-09-06T11:35:00.000+12:00

This week, a videotape was made public showing Fort Worth police Tasing and kicking a man. Now a Tarrant County civil rights group says it's becoming a disturbing trend.

The man who was Tased has filed a complaint against two officers for excessive force and perjury. The video sparked an internal affairs investigation.

Click title for article

Police dealing with Auckland Child Abuse cases

2009-08-18T09:40:00.001+12:00

Auckland Barrister Marie Dyhrberg says, in her experience, Auckland does not have a problem with delays to police investigations into child abuse cases.

Police are undertaking a national review of case loads and management, following revelations of a three-year backlog of child abuse cases in the Wairarapa.

Dyhrberg says in the cases she has been involved in, child abuse allegations are usually investigated and either resolved or are before the courts within three months. She says particularly over the past few years, police appear to be giving such cases priority and are putting resources into them.

Ms Dyhrberg says it is important for all parties that a claim is investigated fully before any charges are laid.

Multi shot tasers

2009-08-18T09:37:00.003+12:00

Marie Dyhrberg quoted in a US article concerning multiple shot Tasers, with regard to the police shooting of an Auckland actor when a Taser was not available on the scene.

The New American

Access to Justice Reduced With Legal Aid Cuts

2009-08-03T20:26:00.001+12:00

Click header to read article.

excerpt:

Barrister Marie Dyhrberg said that Mr Power had not qualified his comments by referring to "some" or "a few" lawyers. "He actually said 'lawyers' - meaning that in his view a majority or substantial number are committing fraud on the system by deliberately manufacturing false reasons for adjournments to obtain money which amounts to criminal fraud."

Ms Dyhrberg said that, unless the minister could substantiate his claims with specific examples to confirm that a majority or substantial number of lawyers had acted in this way, his statements could well amount to defamation.

She called on the minister to back up his claims by providing specific details of the names of lawyers and the times and places at which such behaviour had occured. Ms Dyhrberg said that the remarks also cast a slur on reputations of judges, as there was an implication that judges were either complicit with lawyers engaging in such behavious, or were incompetent in failing to prevent it. "The reality is that (the comments are) untrue. Only when there is a really good basis for an adjournment will you get it."

Taser use restriction

2009-07-24T19:59:00.000+12:00

Campaign Against the Taser spokeswoman Marie Dyhrberg welcomed the news that operational guidelines prevented New Zealand officers from firing near accelerants.

"At least the potential for this has been considered by NZ police and we have guidelines prohibiting it," she told the NZ Herald.

Police records show Tasers have been "presented" 33 times and discharged five times up until the end of June.

The Defence of Provocation

2009-07-22T14:07:00.003+12:00

Opinion

Provocation was used in the recent defence of Weatherston for stabbing Sophie Elliot 216 times.

There was also a recent case where "gay panic" was used as provocation successfully when a man became violent after alleged advances by a man, and killed him with extraordinary violence.

Is there a conflict between these findings? Is the defense of "provocation" being questioned due to this inconsistancy? Another question, if provocation is removed as a potential defense, since every case before the courts are defended, how would either of these cases be defended? Would it be murder vs justifiable homocide?

Unamamous verdict not required

2009-06-30T00:33:00.002+12:00

In a major change to NZ law, 11 to 1 verdicts will be allowed from Juries.

“We can’t afford in the criminal justice system to have constant retrials,” says Justice Minister Simon Power.

We are following the lead of England. In most of the United States a unanimous verdict is still required, while in Australia all states except the ACT accept majority verdicts for some crimes.

Depositions hearings have also changed. These were used to decide whether a case should go to trial.
But a leading defence lawyer says it will harm innocent people.

“The doing away with depositions is based on cost savings,” says Barrister Marie Dyhrberg.

Otara Murder Accused

2009-02-24T10:56:00.000+13:00

Enough Doubt Exists To Acquit Otara Murder Accused, Says Lawyer - article about a Marie Dyhrberg case.

Campaign against the Taser

2008-12-16T01:24:00.001+13:00

More judges needed to hear 'P' cases, says lawyer

2008-07-23T18:33:00.002+12:00

Marie Dyhrberg, Barrister has spoken out about the need for more judges since methamphetamine cases. They were clogging up the High Court, but now the Distrct Court may hear some cases. Already, there is a one year wait for district court hearings. Adding over a hundred cases would increase the delay - more resources were required.

Police to publish more details on Taser Trails

2008-06-09T01:44:00.001+12:00

"What information has been published by the police is scant, it is misleading and it is very, very brief in terms of the actual incidents themselves and what the public ought to be shown and consider if they're going to be part of a decision whether to arm the police again," says Marie Dyhrberg of the Campaign Against The Taser group.

Campaign against the Taser

2008-06-06T19:08:00.001+12:00

CATT spokesperson Marie Dyhrberg called on the Commissioner of Police to delay his decision on the Taser until the public has had the opportunity to view and comment on all relevant information about the trial, not just the summaries made available so far, which the Ombudsman has called "sanitised":

'I have read the summaries and compared them with the tactical options report accounts. In my view, many of the summaries are extremely brief, and have the effect of "sanitising" the original reports.' – Chief Ombudsman

The criticism has been welcomed by anti-Taser campaigners such as lawyer Marie Dyhrberg.

"The police have not been open and transparent. They have been very selective about in what information they have decided to provide to the New Zealand public," she says.

Radio New Zealand News : Latest News : 200806041940 : Bail process should include relatives, says murder victim's family

2008-06-04T22:22:00.001+12:00

Bail process should include relatives, says murder victim's family

The family of a teenager killed, ask they be included in considering bail for the youth charged with the killing, after he took up residence 1km from the family home.

Marie Dyhrberg said it is in the defense's own interests to ensure clients are bailed as far away as possible from their alleged victims and their families because it protects a client from confrontation and allegations of improper contact.

- partly extracted from radio nz posted at 7:40pm

PM Criticised for speaking on case

2008-05-27T07:49:00.001+12:00

Macsyna King's lawyer Marie Dyhrberg says PM Helen Clark should not get involved in the high profile case.

She says politicians have no right to dictate how the justice system should run.

Dyhrberg says it would not be right for police to reopen the case because of demands from political and pressure groups.

Linked article from TVNZ has details. Click on the heading.

Taser debate reignited by Christchurch police shooting | NATIONAL | NEWS | tvnz.co.nz

2008-05-21T19:59:00.001+12:00

Taser debate reignited by Christchurch police shooting | NATIONAL | NEWS | tvnz.co.nz

A senior police officer fired several shots at a 37 year old after the man reportedly charged the police office with a claw hammer.

NZ First law and order campaigner Ron Mark raised this issue as "proof of that the Taser is needed".

But barrister and anti-taser campaigner Marie Dyhrberg says there would be consequences from not having strict guidelines on the use of the Taser.

She says it could be used to make people comply with police rather than for containing someone threatening violence.

Dyhrberg says there needs to be better consultation about when to use them.

A report on the effectiveness of Tasers is due out in December.

Naming usual after conviction - Christchurch News - The Press

2007-12-22T15:55:00.000+13:00

Naming usual after conviction - Christchurch News - The Press

Marie Dyhrberg comments on name suppression following the conviction of Peter Stewart, on historical child-sex charges, who would have faced "almost inevitable" failure in his bid to keep his name secret.

Dyhrberg said rights were being trampled when defendants were identified before accusations were proven in court.

"There is a presumption (on conviction) for naming that you can't argue against," she said.

"There will be rare cases where it will still be appropriate for really emotional family issues, and particularly when the public good isn't served by naming someone."

"It doesn't hurt the public to wait a few more weeks. The argument that the public ought to know in no way outweighs the presumption of innocence."

Scoop: CATT releases report on Taser Trial

2007-12-14T22:04:00.000+13:00

Scoop: CATT releases report on Taser Trial

Marie Dyhrberg seemed a lone voice who spoke out against the Taser and its introduction into New Zealand police on a trail basis. And then suddenly a condemnation of it as a device of torture came from the United Nations. Torture has been one of the uses of Tasers as no doubt most have een portrayed in the media.

"Introducing potentially lethal weapons into policing is a matter that must be fully justified before it is done - both to the public, and to Parliament which bears the ultimate responsibility for the welfare and safety of all New Zealanders", Dyhrberg said. "Following an independent inquiry, any subsequent decision must be made at Ministerial level, with every effort made to ensure a meaningful democratic process."

It is certainly not in the interests of New Zealanders that one individual take on this decision. A civil servant should not make political decisions.

Some of the key points of the CATT report include:

the Taser is likely to be misused or used in inappropriate situations
a decision by the Police Commissioner to introduce the Taser will itself be flawed, and will not enjoy widespread legitimacy
more than 290 deaths have been linked to the Taser in the United States since 2001

Police want to use Tasers

2007-12-14T00:31:00.000+13:00

And you have to wonder. As Marie Dyhrberg has pointed out, the UN has declared the device as an implement of torture. When you see reality TV cops using Tasers or the Polish immigrant shocked to death for nothing other than expediency - you have to wonder if Taser use is any different to other forms of torture.

If the police in NZ add the Taser to their arsenal it will no replace guns but relatively harmless pepper spray.

It is not the exception that should make the rule in matters of humanity. Police culture would be corrupted by the power of this machine that induces extreme agony. Police should never be trained to punish - that is up to judges and juries.

6PM TRANSCRIPT (30/11/07): Emma Agnew's murder trial | NATIONAL | NEWS | tvnz.co.nz

2007-11-30T23:50:00.000+13:00

6PM TRANSCRIPT (30/11/07): Emma Agnew's murder trial | NATIONAL | NEWS | tvnz.co.nz

Tasers a form of torture - UN report - New Zealand news on Stuff.co.nz

2007-11-27T07:52:00.000+13:00

Tasers a form of torture - UN report - New Zealand news on Stuff.co.nz

'A lawyer leading the charge against police adopting Taser stun guns is welcoming a United Nations report that describes the 50,000-volt stun guns as a "form of torture".'

Marie Dyhrberg from the Campaign Against The Taser advises police to take the UN report seriously.

'A police national headquarters spokesman said the overseas report was "not especially relevant" to the New Zealand Taser trial. "But that doesn't mean we don't take any notice of it."'

We hope the NZ Police do take account of the advice on the UN Committee against Torture. The classification of the Taser as a device of torture is realistic. The way in which inexperienced or unfair police use evolves with this device dehumanizes the police as a whole.

Liability Insurance

2007-11-24T20:19:00.000+13:00

When faced with the option of insurance cover for professional liabilities one needs a good broker. One that is prepared to advise you in your best interests. I phoned the company linked to the title - and enquired for informtion about competitive options. I was impressed by the help given by their consultant although it was clear it was not going to result in immediate business time was taken and for that I would recommend The Insurance Brokers. - Nicholas - Site editor

Local lesson in taser death - lawyer - New Zealand news on Stuff.co.nz

2007-11-18T21:26:00.000+13:00

Local lesson in taser death - lawyer - New Zealand news on Stuff.co.nz

Hear Marie Dyhrberg speak out against the introduction of Tasers to the New Zealand Police force in light of the death of Polish immigrant Robert Dziekanski, 40, of Pieszyce - at Vancouver airport.

Taser debate

2007-10-09T19:11:00.000+13:00

"In New Zealand our group is challenging the independence of the police investigation, the police study," says Marie Dyhrberg, anti-taser group spokesperson.

"So always there has to be some element of caution when looking at government studies depending on which interest is represented."

Polls may reflect a general acceptance by the public that Taser use may not be a) dangerous to them personally, and b) Taser use replaces weapon (gun) use.

Unfortunately neither precondition to public acceptance of generalised Taser use by police (including as a control mechanism for mentally handicapped) exists.

Police taser may more closely replace pepper-spray or close-combat rather than be used in place of guns, which would never be replaced by Tasers at all.

Questions in the House

2007-08-16T15:38:00.000+12:00

Thursday, 16 August 2007, 11:58 am
Press Release: Office of the Clerk

Questions For Oral Answer - Thursday, 16 August 2007

(excerpt)

7. HONE HARAWIRA to the Minister of Police: Has she been advised of the statement from Marie Dyhrberg that “the taser is increasingly being deployed against mentally disturbed individuals”; if so, what research has been undertaken about the long term effects of taser guns on people with mental health problems?

Hysteria threatens taser trial

2007-06-28T12:39:00.000+12:00

Scoop: Hysteria threatens taser trial

Hysteria over violence against Police threatens trial

“Violence against police has always been a serious concern,” Marie Dyhrberg, spokesperson for the Campaign Against the Taser, said today. “But there is no evidence that violent assaults on police are increasing.”

“It seems Mr.O’Connor needs to be reminded that the taser is being trialled in New Zealand. During a trial, risks and benefits are carefully considered before a decision is taken. It seems that Mr.O’Connor has made up his mind already, even though the trial hasn’t ended yet,” she said.

Adverse Effects From Tasers Study

2007-05-19T13:58:00.000+12:00

No Short Term Adverse Effects From Tasers: Study

A "new study" shows "no adverse short term effects" from Taser user on healthy people.

Auckland Barrister and spokesperson for New Zealand's Campaign Against the Taser, Marie Dyhrberg said this research, conducted by University of California, has glaring omissions, as it failed to explore long-term effects of taser use or how it has affected some with heart conditions, pacemakers or on drugs.

BustedInfo also questions the effect having the paralysing weapon has on police tactics and how it may affect public attitudes toward the police.

Three-month drugs trial

2007-05-17T16:43:00.000+12:00

Three-month drugs trial takes its toll - New Zealand news on Stuff.co.nz

A drugs trial, possibly the longest and most expensive in New Zealand history is going on at the High Court and has done so since February 12 and every working day since.

Defence lawyer Marie Dyhrberg said any very long trial put a huge pressure on jurors and could seriously impact on the potential pool of jurors because many could simply not afford to take that time off for a variety of reasons.

The trial has 10 defendents represented by 14 defence lawyers.

Marie Dyhrberg said that the increased maximum sentences for Class A drug offenses set the bar so high that defendents were not pleading guilty or negotiating when they should and some sentences for drug crimes exceed those of violent crime.

She said some of the offenders at the lower end of the scale of seriousness were also getting significant sentences, particularly when compared with other offences unrelated to drug offending such as a serious attack where someone was seriously hurt.

"Quite properly, they may well get five years for that but someone who is on the lower end of the conspiracy (drugs) chain may well get eight or nine years.

"In my professional view as a lawyer the sentences for drug offending are too high," she said.

When the maximum penalty for some offences is increased to life in prison with no other ability to impose lesser charges, she predicted it would bog down the courts and lead to long trials.

She also said there was no provision to obtain a sentencing indication in the High Court, as there was in the District Court. That could also influence a defendant in a decision about a guilty plea.

City officer fires Taser, fatally injuring woman who had attacked him - baltimoresun.com

2007-04-28T02:36:00.000+12:00

City officer fires Taser, fatally injuring woman who had attacked him - baltimoresun.com

The headline reads that the woman Tasered attacked the police. But in the article it clearly says that she attacked the crack addict that the police were chasing.

Woman dies after hit by cop stun gun - Examiner.com

2007-04-28T02:31:00.000+12:00

Woman dies after hit by cop stun gun - Examiner.com

A woman dies in the Baltimore Taser trial period. The police consider the trial a success.

In March, Baltimore County police reported that Ryan Lee Meyers, 40, of Middle River, died after being shocked with the device.
His family said he suffered from bipolar disorder. The police said he refused to drop a baseball bat in the house he shared with his parents.

School Taser Incident Under Review

2007-04-26T14:55:00.000+12:00

School Taser Incident Under Review - Local News Story - WRTV Indianapolis

A sixteen year old special needs student was Tasered by police to subdue him.

Father hit with Taser while holding baby

2007-04-25T04:35:00.000+12:00

A Houston father is angry. He was hit with a Taser by police while he was holding his newborn daughter. It's the first time he's talked publicly and you'll only hear from him on Eyewitness News.

Taser incident during huricane Ivan

2007-04-25T04:34:00.001+12:00

A former Pinellas County sheriff's deputy was sentenced to a year in federal prison Monday after a jury said he used excessive force while responding to a 2004 hurricane in the Florida Panhandle.

Richard G. Farnham received the maximum sentence for his role in an altercation days after Hurricane Ivan hammered the small coastal town of Navarre.

Farnham, 35, kicked and Tasered a 56-year-old resident who thought Farnham was looting a nearby house, authorities said. Farnham also hit the man's wife, leaving her partially blind in one eye, the man said from his home Monday.

"It was an absolute nightmare," said the resident, Daniel Thompson, a former New York City corrections captain.

Suspect dies after HPD officers use Taser on him | Chron.com - Houston Chronicle

2007-04-25T04:34:00.000+12:00

Suspect dies after HPD officers use Taser on him | Chron.com - Houston Chronicle

Another death, by Taser stun gun. This one died overnight, later on, proving that the damage of a Taser may cause death as a suspect is languishing in a cell, overnight. Hardly the basis of a fair justice system for all.

Elderly Man Beaten and Tasered in Road Rage Attack

2007-04-24T11:43:00.000+12:00

Elderly Man Beaten and Tasered in Road Rage Attack | WOAI.COM: San Antonio News

Civilian use of Tasers is a concern. Read about a man in Florida who was Tasered in a case of road rage. The offender was arrested but as the elderly victim points out, he has a pacemaker and if he had turned in the other direction, it could have electrocuted his chest and instantly killed him.

Meantime, Taser is bringing out consumer versions of their stun gun in four colours. Police show some concern about facing Taser weilding criminals, but the use of Tasers by civilians is dangerous as is illustrated in the above case.

Chillicothe Gazette -

2007-04-24T02:40:00.000+12:00

Chillicothe Gazette - www.chillicothegazette.com - Chillicothe, OH

A man was Tasered four times and still resisted arrest in Chillicothe, Central Ohio. He was finally subdued and handcuffed but fought again at that station and was tasered a fifth time after being taken to jail.

He was charged with criminal trespassing, disorderly conduct intoxication and resisting arrest. He had visible burns on his back and marks on his face.

Man subdued by stun gun, dies

2007-04-24T02:36:00.000+12:00

Man subdued by stun gun, dies - Boston.com

Another report of a Taser death - a 26 year old man speaking incoherently told police he was on drugs. He fought with a friend and when police tried to separate them he kicked and bit police officers. So they Tasered him.

He died.

Full Public Disclosure

2007-04-16T12:04:00.000+12:00

Anti Taser campaigner Marie Dyhrberg has claimed that the public are not being given all the information on tasers in the police trials of the weapon. The latest police report on the taser stun gun trial shows it has been discharged 13 times since the trial began in September last year.
Marie Dyhrberg said the report does not include vital information, including whether any injuries were sustained in many of the incidents and is seeking publication under the Official Information Act.

Police taser trials

2007-04-07T13:11:00.000+12:00

Taser incidents are not always harmless - being given 50K volts via a taser would give anyone a nasty shock and risks fatality in 1 of 870 cases. Being tasered a few seconds later increases the odds by squaring it, this becomes 1 in 30.

The 1 in 870 ratio must be considered acceptable by the police trialing the taser device. Triggering heart attacks seems the most likely reason a large shock causes fatality. Using the weapon twice magnifies the risk. How can that be acceptable? What about damage to internal organs or other possible long term results? How can they justify the introduction of 50,000 volts to the nervous system of those they have not even had the decency to arrest yet?

This is indescriminate murder insofar as the propensity the police have had on occassions to go for the wrong target. Recent examples of demonizing their own victims highlighted in recent police rape trials where juries had to balance the careers of "good men" against the possibility of ruin. In fact two of the three accused were already serving eight year sentences and this was hidden from the juries in accordance with our laws about name supression. It may seem a questionable path to justice, but it is there to ensure that each case is judged on its own merits of its own presented evidence.

Does that mean that you can be tried for the same crime twice, so long as there is more than one victim? That would seem to be an effect of name supression. If you are found guilty twice from independent crimes, it may be that you are considered twice as guilty?

Leave a comment if you have an opinion.

Dad wasn't dad after all, but still owes child support | csmonitor.com

2007-02-12T04:47:00.000+13:00

Dad wasn't dad after all, but still owes child support | csmonitor.com

Police lose landmark job privacy case - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

2007-02-12T04:46:00.000+13:00

Police lose landmark job privacy case - New Zealand, world, sport, business & entertainment news on Stuff.co.nz

Campaign Against the Taser | Trialed, tested and found lethal

2007-02-02T16:58:00.000+13:00

Campaign Against the Taser | Trialed, tested and found lethal

Victim's mother against teen's parole | NATIONAL | NEWS | tvnz.co.nz

2007-01-25T16:21:00.000+13:00

Victim's mother against teen's parole | NATIONAL | NEWS | tvnz.co.nz

Prison guard stabbed with bucket handle - 22 Jan 2007 - National

2007-01-22T14:18:00.000+13:00

Prison guard stabbed with bucket handle - 22 Jan 2007 - National

Mixed views on teens parole hearing | NATIONAL | NEWS | tvnz.co.nz

2007-01-22T12:38:00.000+13:00

Mixed views on teens parole hearing | NATIONAL | NEWS | tvnz.co.nz - Marie Dyhrberg comments on the release of a teen-ager found guilty of manslaughter.

No guilty verdict

2006-12-31T05:14:00.000+13:00

In a recent trail, a jury failed to established a verdict in a trail of a man accused of manslaughter of his own daughter due to careless break dancing.

Defense Lawyer, Marie Dyhrberg established it was a matter of identification. The crown had to establish the defendant caused the injuries.

Campaign against the Taser

2006-12-11T13:14:00.001+13:00

The website for the campaign against the taser weapon.

Tasers may be deadly

2006-12-11T13:11:00.000+13:00

The second shot from a taser may be more deadly than the first shock.

Police Taser use

2006-12-11T11:29:00.000+13:00

The police have published their fourth report on taser use.

Police Stabbings

2006-12-11T11:12:00.000+13:00

A man accused of stabbing a police officer with a screwdriver is being held in custody while police wait to interview another officer stabbed in the chest. The accused is being represented by Auckland Barrister Marie Dyhrberg.

The article linked appears to say that an 18 year old officer chased the man who then collided after which it is alleged he attacked the officer.

The police are bringing forward body armour for front line officers.

2006-12-11T10:50:00.000+13:00

The Taser weapon - what is wrong with arming the New Zealand Police

Common wisdom is that the taser is a quick way to bring down an offender who may otherwise be a danger to others, including arresting officers of the law. It is also obvious to many that a quick sharp jolt is a disincentive to mess with police or break the law.

The police are not an army going to war on crime. The police are the guardians of the safety of the citizen. If the police carry guns, then the criminal will carry bigger guns. Conversely, one may assume that if the criminal carries bigger guns, then the police should carry bombs, and before long the only way to limit criminal activity is to nuke downtown.

Our culture is what is at risk, and it is not a culture that needs to be placed at risk. It is easy to arm police and then it is easy to say that all police are good and all criminals are bad, therefore police with weapons that can take down a crazy miscreant is preferable. What can a taser do that a net can not? It can stop the heartbeat of its target and turn an offender into a victim. It can cause death.

Is that not better than allowing criminals to stab police? Not all criminals bear weapons and to say that most do would be suspect. That some criminals carry a weapon is not a good reason to treat everyone like a criminal and for the same reason you can not treat every suspect as a guilty party. If the law is seen to dish out punishment without fair trial, then the law is no longer respected or trusted by average citizens who normally rely upon society's guardians to protect them, so the primary relationship that the law relies upon is corrupted.

Auckland Barrister

2006-12-11T10:06:00.000+13:00

Auckland Barrister, Marie Dyhrberg is heading a campaign to stop police use of the Taser in New Zealand. Police historically have been an unarmed force except the specialised armed offenders squad. Now police are conducting a one year trial of Taser weapons to subdue offenders who may otherwise be armed or violent. The use of the Taser is seen as risky as it can cause heart failure, it can cause severe and lasting injury and there is a problem with the assumption of guilt and police using it as a psychological punishment and that changes their role in the balance of justice.