The Paua Palace

My royal blog, life, opinions and me, it’s all about ME.. Right?

Herald again attacks Police over Pumpkin Case

Posted by pauaprincess on September 22, 2007

In a last word on the subject, scathing editorial NZ Police and the NZ Customs Service have been attacked over the Pumpkin Case.

While Police have stated yes, they could have searched the car earlier, they also note that the result would have been the same. They were already searching for Xiu. An An Liu’s home was and still is the crime scene, that was being processed initially. Read this for the full story.

The New Zealand Customs Service has nothing, whatsoever to do with this issue. Why the Herald includes them in the blame game is anyone’s guess. But they shouldn’t be a factor in the equation as the Herald itself should know.

The facts:

Nai Xin Xue was the subject of a Protection Order. Protection Order’s are court orders which prevent the subject contacting the applicant or any persons named on the protection order face to face, via phone, letter or third parties. They also prevent the subject abusing the applicant or any named person.

However, protection orders do not prevent the parties associating by consent. This means that any number of people with protection orders currently live with their violent partner, as Annie Liu was. Breaching a protection order can only be prosecuted with the consent of the applicant. Had Annie Liu rung the Police when Xiu made contact with her in Wellington and made a complaint, he could have been arrested for breaching the order. Had a Policeman who knew of the existence of the Protection Order seen them together at the supermarket, arrested Xiu and taken him to the station, without a complaint from Annie Liu, the case wouldn’t have made it past the interview room.

Protection Orders are only good, if the Applicants themselves enforce them. That is the Applicant/named parties must make a complaint every time the order is breached in order that the subject can be prosecuted.

This amazing loophole is in place in order that couples CAN get back together, in case the violent partner changes for the better. Unlike the Non Molestation orders of old, they don’t lapse if the couple reunites to cover the possibility that the rehabilitated partner, isn’t as rehabilitated as the applicant first thought. The legislation is well meaning, but renders the order of protection useless in a lot of cases.

Flags with customs are not generated for this reason. Father’s that are the subject of protection orders, can have visitation with their children, it doesn’t necessarily follow that the spouse names the children on the protection order.

There are couples all over NZ living together, where one of them is the subject of a protection order. Protection Orders are regularly abused by women who use them to control their partners and invoke them at their convenience, sad but true. I could tell you a million stories about that.

The way it should work?

A protection order should be applied and used properly. Applicants should not be cohabitating with subjects, no contact should mean no contact. An Order of protection should be taken out only when the applicant is serious about getting away and staying away from an abusive partner. That’s it, end of story. Perhaps if there wasn’t all this allowable toing and froing, flags could indeed be raised.

The Herald editorial attacks the wrong people. The Police did not invent this legislation, yes they had input but by in large it was invented and enacted by Politicians and lawmakers, with input from Woman’s Refuge and various other Woman’s groups who wanted to provide more comprehensive protection but have yinxueonly given those who really need it less!

What puzzles me, Australian Police are not being criticised at all. Why is that? Australian Police had the identity of Xiu by Sunday. Why was a notice not issued for Interpol to get LAPD searching for him then? Surely abandoning a child at a busy railway station was enough to have them look for him? If not, why not? Valuable time in locating Xiu was lost because he wasn’t be sought officially until NZ Police issued an arrest warrant through Interpol on Wednesday, 4 days after he landed in Los Angeles. Australian Police claim they were liasing with Interpol but we all know LA Police Forces were not looking until they got the red notice.

What about Interpol? What were they doing from Sunday until Wednesday? As the case gathered momentum with revalations that NZ Police held grave fears for the safety of Annie Liu, why were they not doing something? Why did it all hinge on an arrest warrant being issued when the crime of abandoning a minor had already been established?

It seems even the Australian Media is joining the witch hunt against NZ Police, and allowing their own Police to get off scott free. Even if Xiu hadn’t killed his wife, leaving their child, alone at a railway station endangered her beyond comprehension, it’s a serious crime. How come Interpol aren’t being attacked? Why is this a NZ Police ‘Bungle’ when multiple agencies sat on their hands? At least the NZ Police were acting and the label of Keystone cops, is just insulting and erroneous.

The media do themselves no favours and they certainly do the NZ Police no favours, this storm of blame is their invention perhaps to keep the pot boiling in NZ and Australia now that the focus is in the USA. Without due process and the obligation to respect the rights of potential offenders, if Police could search at will, without warrant, gather evidence without a care for chain of custody or contamination, this would be a Police State.

Meanwhile the hunt for Xiu gathers force at speed!

The FBI is assisting LAPD and other California Law enforcement agencies with the offer of teams. Xiu’s face has been plastered all over the media. However Xiu could be anywhere by now, he could have changed his appearance and melted into US society or have established an alternative identity and moved on.

We have to find him.


One Response to “Herald again attacks Police over Pumpkin Case”

  1. Kelly said

    Argh! I find this so frustrating! Because we get “fed” so many television cop dramas like CSI or similar, we are all suddenly experts on police procedure now? I don’t think so. Our cops are the ones at the coal face so to speak – and yes, I’ve been wondering why the aussie cops aren’t getting more flak because it could be argued they were just as slow off the mark. In order to actually get a result (hopefully a conviction that throws away teh key!) our cops have to make sure they dot their i’s and cross their t’s. It might be slow but we aren’t watching a 60 minute episode here.

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