Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
New Zealand: The independent police watchdog is investigating the arrest of a man whose farm was seized under the proceeds of crime act, after claims of corrupt police conduct.
Shaun Allen has spent 15 years and a $500,000 Lotto windfall after he came out of jail fighting to clear his name.
Mr Allen, who served an 18-month sentence and had his $365,000 Hawke's Bay farm seized after he was convicted of growing marijuana in 1993, says he found evidence of doctored documents and manufactured evidence in the police case.
He is planning to apply for a prerogative of mercy, in which the governor-general pardons a person who has been wrongly convicted.
"I want to clear my name. When I went to jail it was bad enough, to have my kids come to jail and ask me to come home, that was hard. But even though I'm out, it never leaves me. Day and night, every night, I can't switch it off. I want it to end."
Mr Allen had owned his 840-acre farm for just a few months when police raided the property and found 1000 cannabis plants.
He has always maintained his innocence and says the crops were being grown by a previous owner or a trespasser. He thinks he was set up by police determined to convict someone. With the help of a team of lawyers and private investigators, he says he has uncovered evidence of corrupt police practice.
The Independent Police Conduct Authority has confirmed it is investigating. Police did not return requests for comment.
National MP Chester Borrows, a former police officer, said he had seen Mr Allen's evidence and described the case as "very concerning".
"There are documents here and procedures here where police have worked well away from the norm," he said.
Mr Allen said he had spent "many hundreds of thousands" of dollars in fighting to clear his name.
"But it's not the money - it's the emotional part that's the worst part. It is horrible what it's done to me. I used to be a strong person. It's knocked me around."
Mr Allen's farm was the first property seized under the Proceeds of Crime Act in 1993. Since then, the Government has seized lifestyle blocks, Rolex watches, gold bullion, tropical fish and cars.
The act allows courts to seize assets bought with the proceeds of crime, sell them and the money given to the Crown.
He admits he sold cannabis in his youth, but that was in the past.
Wayne Kiely, a private investigator hired by Mr Allen, said he was convinced his client had been wronged. Mr Kiely said at one stage, when things were not going well, he asked Mr Allen when he would give up.
"Shaun said: `I don't care how long it takes me, I don't care if it takes till I die, I'm going to clear my name'."
MR ALLEN CLAIMS:
* The police document filed after the search – called a moda for Misuse of Drugs Act – required by law for the search to be legal – has been made from a computer terminal code that never existed. It is in a format that was created after 1994, meaning it is impossible that it was filed in 1993.
* Mr Allen had the police notebook recording the 1993 raid forensically examined. The report found pages had been torn out, blank pages filled in, and three different inks used for the entry on the day of the 1993 raid.
* Mr Allen had owned the farm only a few months. Police recorded the marijuana plants found in the raid as being "immature, between the height of 0.5 and 1.5 metres". But a DSIR scientist recorded the exhibits as being "mature".
* Police also found cannabis seeds at Mr Allen's house. His acquaintance, Tory Te Kaku Edwards, is adamant the seeds were his. He said he made a statement to police but was never charged. Police never disclosed those interviews.
* Mr Allen claims six of the jurors who convicted him had close working or family relationships with police officers or their families.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Dominion Post
Author: EMILY WATT
Copyright: 2008 The Dominion Post
Contact: Stuff.co.nz: New Zealand's leading news and information website
Website: Claim of corrupt police conduct - National News - Dominion Post
Shaun Allen has spent 15 years and a $500,000 Lotto windfall after he came out of jail fighting to clear his name.
Mr Allen, who served an 18-month sentence and had his $365,000 Hawke's Bay farm seized after he was convicted of growing marijuana in 1993, says he found evidence of doctored documents and manufactured evidence in the police case.
He is planning to apply for a prerogative of mercy, in which the governor-general pardons a person who has been wrongly convicted.
"I want to clear my name. When I went to jail it was bad enough, to have my kids come to jail and ask me to come home, that was hard. But even though I'm out, it never leaves me. Day and night, every night, I can't switch it off. I want it to end."
Mr Allen had owned his 840-acre farm for just a few months when police raided the property and found 1000 cannabis plants.
He has always maintained his innocence and says the crops were being grown by a previous owner or a trespasser. He thinks he was set up by police determined to convict someone. With the help of a team of lawyers and private investigators, he says he has uncovered evidence of corrupt police practice.
The Independent Police Conduct Authority has confirmed it is investigating. Police did not return requests for comment.
National MP Chester Borrows, a former police officer, said he had seen Mr Allen's evidence and described the case as "very concerning".
"There are documents here and procedures here where police have worked well away from the norm," he said.
Mr Allen said he had spent "many hundreds of thousands" of dollars in fighting to clear his name.
"But it's not the money - it's the emotional part that's the worst part. It is horrible what it's done to me. I used to be a strong person. It's knocked me around."
Mr Allen's farm was the first property seized under the Proceeds of Crime Act in 1993. Since then, the Government has seized lifestyle blocks, Rolex watches, gold bullion, tropical fish and cars.
The act allows courts to seize assets bought with the proceeds of crime, sell them and the money given to the Crown.
He admits he sold cannabis in his youth, but that was in the past.
Wayne Kiely, a private investigator hired by Mr Allen, said he was convinced his client had been wronged. Mr Kiely said at one stage, when things were not going well, he asked Mr Allen when he would give up.
"Shaun said: `I don't care how long it takes me, I don't care if it takes till I die, I'm going to clear my name'."
MR ALLEN CLAIMS:
* The police document filed after the search – called a moda for Misuse of Drugs Act – required by law for the search to be legal – has been made from a computer terminal code that never existed. It is in a format that was created after 1994, meaning it is impossible that it was filed in 1993.
* Mr Allen had the police notebook recording the 1993 raid forensically examined. The report found pages had been torn out, blank pages filled in, and three different inks used for the entry on the day of the 1993 raid.
* Mr Allen had owned the farm only a few months. Police recorded the marijuana plants found in the raid as being "immature, between the height of 0.5 and 1.5 metres". But a DSIR scientist recorded the exhibits as being "mature".
* Police also found cannabis seeds at Mr Allen's house. His acquaintance, Tory Te Kaku Edwards, is adamant the seeds were his. He said he made a statement to police but was never charged. Police never disclosed those interviews.
* Mr Allen claims six of the jurors who convicted him had close working or family relationships with police officers or their families.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Dominion Post
Author: EMILY WATT
Copyright: 2008 The Dominion Post
Contact: Stuff.co.nz: New Zealand's leading news and information website
Website: Claim of corrupt police conduct - National News - Dominion Post
