Wednesday, February 24, 2010
Police do not want Taser cam
Marie Dyhrberg appears on morning TV to talk about Police not wanting Tasers videoed.
Sunday, September 6, 2009
Taser as torture
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
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
Tuesday, August 18, 2009
Police dealing with Auckland Child Abuse cases
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.
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
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
The New American
Monday, August 3, 2009
Access to Justice Reduced With Legal Aid Cuts
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."
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."
Friday, July 24, 2009
Taser use restriction
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.
"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.
Wednesday, July 22, 2009
The Defence of Provocation
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?
Tuesday, June 30, 2009
Unamamous verdict not required
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.
“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.
Tuesday, February 24, 2009
Otara Murder Accused
Enough Doubt Exists To Acquit Otara Murder Accused, Says Lawyer - article about a Marie Dyhrberg case.
Tuesday, December 16, 2008
Wednesday, July 23, 2008
More judges needed to hear 'P' cases, says lawyer
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.
Monday, June 9, 2008
Police to publish more details on Taser Trails
"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.
Friday, June 6, 2008
Campaign against the Taser
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.
'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.
Wednesday, June 4, 2008
Radio New Zealand News : Latest News : 200806041940 : Bail process should include relatives, says murder victim's family
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
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
Tuesday, May 27, 2008
PM Criticised for speaking on case
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.
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.
Wednesday, May 21, 2008
Taser debate reignited by Christchurch police shooting | NATIONAL | NEWS | tvnz.co.nz
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.
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.
Saturday, December 22, 2007
Naming usual after conviction - Christchurch News - The Press
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."
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."
Friday, December 14, 2007
Scoop: CATT releases report on Taser Trial
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:
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
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.
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.
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