Latest news with #WellingtonDistrictCourt
1News
a day ago
- 1News
Fourth person charged with manslaughter over Loafers Lodge fire
A fourth person has been charged with manslaughter over the Loafers Lodge fire that killed five people in Wellington in 2023. Three people were charged with manslaughter last week following a two-year investigation into whether the state of the building and the management and compliance of its fire safety systems contributed to the fatal outcome. Michael Wahrlich, Melvin Parun, Peter O'Sullivan, Kenneth Barnard and Liam Hockings died in the blaze that began shortly after midnight on May 16, 2023. A 72-year-old man is set to appear in Wellington District Court on Monday. Last week, two men aged 75 and 58, and a 70-year-old woman appeared in the Wellington District Court facing manslaughter charges. ADVERTISEMENT Detective Sergeant Olivia Meares said police allege all four were responsible for aspects of the building's fire safety systems. A 50-year-old man had previously been charged with murder in relation to deliberately lighting the fire. A trial is scheduled to start before the Wellington High Court on August 25. The fire broke out at the Loafers Lodge, in Newtown, early this morning. (Source: Breakfast) Police, Fire and Emergency NZ and the Ministry of Business, Innovation and Employment reminded those who owned or managed buildings, particularly buildings with sleeping accommodation, of their responsibility to ensure occupants were protected from fire. These included ensuring the necessary evacuation procedures were in place, with an approved evacuation scheme if it was a "relevant building", and ensuring the means of escape from fire were maintained. "Where applicable, ensure you understand the maintenance requirements for the specified systems outlined in your building's compliance schedule as required under the Building Act. Particularly those relating to the building emergency warning system or fire alarm." Those who owned a tenanted residential property should ensure fire safety obligations under the Residential Tenancies Act 1986 were met.
Otago Daily Times
20-05-2025
- Otago Daily Times
Man jailed for running 'unspeakable' child sex abuse website
A man has been jailed for helping run a website that hosted computer-generated child sex abuse material so graphic and 'unspeakable' a district court judge has suppressed the details of it. Donald James Sarratt was charged in 2023 as part of Operation Dark Orchid, a joint operation between New Zealand police and US authorities. That investigation centred on a website containing more than 85,000 computer-generated images, 30,000 being realistic images depicting the graphic sexual abuse and torture of children as young as infants. A forensic examination of Sarratt's electronic devices also identified child sexual abuse material involving real children. The Wellington District Court heard as one of the website's facilitators, the 35-year-old was involved in the website's upkeep, as well as assisting the almost 200,000 members with their log-ons and password issues. He was also involved in the banning and unbanning of members. He held the role for nine years. It was also revealed that Sarratt, who has no previous convictions, believed that by providing the computer-generated images it would stop people from offending in person. In May 2023, a sample of images was taken to illustrate the website's content. These weren't available to the public but could be viewed by the site's members. At yesterday's sentencing, Judge Noel Sainsbury suppressed the name of the website, which is part of an ongoing investigation. He also suppressed the descriptions of the material that had been seized, saying there was no public interest in releasing details of the images. But the judge broadly categorised the images as ranging from images of nude children, through to images of bestiality and sadism. The judge noted the children in these images ranged in age from 3 to 13 years and 'involved the grossest depravity, representing sadism and torture for sexual gratification'. 'It is difficult to imagine images that would be worse,' the judge said. As the website's facilitator, Judge Sainsbury noted Sarratt's role wasn't merely functionary but placed him at the highest level of the organisation. His actions had allowed the website to continue, he said. Judge Sainsbury ruled that a person who was involved in distributing objectionable material containing real children generally faced a higher level of culpability than someone who was distributing objectionable material that had been computer-generated. On that basis he reduced the starting point of 12 years, which the Crown had suggested, to nine years' jail. But because some of the computer-generated images investigators had found were the worst of their kind, and went beyond what was usually possible, he added a year to the starting point. Sarratt's lawyer Gretel Fairbrother submitted a psychiatric report suggesting Sarratt exhibited traits of autism spectrum disorder. But Crown prosecutor Wilber Tupua said there was no nexus between Sarratt's undiagnosed personality issues and the offending, so he shouldn't receive any credit for it. Judge Sainsbury agreed. The judge did agree with Fairbrother that Sarratt's guilty pleas and cooperation with the police, whose investigation is ongoing, warranted a discount. Sarratt's family 'bewildered' Judge Sainsbury also referred to letters he'd received from Sarratt's family. 'It is clear that they are as bewildered as anyone that he is before the court. They speak to someone who, in their experience, is gentle, loyal, and caring towards family. They find it simply bewildering that he would be involved in anything involving harm to a child,' the judge said. Judge Sainsbury said notwithstanding the offending, it was clear his family saw Sarratt's 'good aspects' and remained supportive of him. 'You are lucky to have that support,' the judge said. Judge Sainsbury said while it was clear Sarratt held a genuine, but misguided belief, that by providing computer-generated images he was assisting those with a predilection for child sexual abuse material not to offend in person, that required more evidence than a statement at sentencing to carry any weight. On charges of possessing and distributing objectionable child sexual abuse material, Sarratt was jailed for five years and six months. Police say images depict 'unspeakable' child abuse Following Sarratt's sentencing police released a statement. The officer in charge of Operation Dark Orchid, Detective Sergeant Daniel Wright, said the sentence was a testament to the thorough investigation conducted by New Zealand Police and US law enforcement. 'This investigation, involving our law enforcement colleagues from the US, demonstrates our commitment to keeping our communities safe, and that we will use all resources available to us to hold to account those who prey on the vulnerability of children both in New Zealand and abroad,' he said. Travis Pickard from the Department of Homeland Security Investigations said they worked with law enforcement partners from across the globe to stop those who produce and distribute child sexual abuse materials. 'The vast number of images uncovered in this joint investigation - many featuring disturbingly realistic computer-generated representations of unspeakable child sexual abuse - is unacceptable in any part of contemporary society. 'This sentence reinforces our dedication to protecting the innocence of our most vulnerable populations from such abhorrent child exploitation,' he said.
RNZ News
07-05-2025
- RNZ News
Police disappointed Restore Passenger Rail prosecution abandoned, say safety was at risk
Protestors at Basin Reserve in 2023 glued themselves to the road. Photo: Jemima Huston Police are disappointed the prosecution of more than 20 climate activists, who brought Wellington rush-hour traffic to a halt numerous times, has been abandoned. But the Kings Counsel who defended some of the protesters in the first and now only trial says the criminalisation of protesters is worrying and charges carrying up to 14 years in jail should never have been laid. The Solicitor-General's office did not specifically address questions by RNZ about whether the prosecutions should have been brought. On Tuesday, Crown prosecutors confirmed they did not see the public interest in pursuing a retrial of three defendants facing charges of endangering transport, and a further six trials related to Restore Passenger Rail protests in 2022 and 2023 - after jurors in the first trial became deadlocked on the issue of whether the protests caused an unreasonable risk. Wellington District Court Judge Jan Kelly dismissed the charges for the defendants facing a retrial, and a raft of charges for more than 20 other defendants. Police, however, are steadfast and maintain the protesters - some of whom abseiled above highways and glued themselves to main roads - caused significant chaos and potential harm to Wellington commuters and themselves. Acting Wellington District Commander Inspector Lincoln Sycamore said the outcome was disappointing. "The challenge for us is that, in this case, there was insufficient evidence of the danger that resulted from the protesters' behaviour. "To be clear, that does not mean the danger didn't exist, just that we were unable to demonstrate it to the level required under the legislation." He said the concern was that such protests put drivers at risk and potentially blocked emergency services. Police were considering how to tackle similar protests in future, he said, and would "continue to take action against unsafe protest behaviour". Meanwhile, Kings Counsel and defence lawyer Christopher Stevenson said not only were the dismissals appropriate, but the prosecutions should never have been brought - especially the charge of endangering transport which saw defendants face up to 14 years in jail. He said it followed a "worrying international trend of the attempted criminalisation of climate crisis activists". "The UN secretary general at the time these activists took to the streets said ... we are on a fast-track to catastrophe, we are heading towards an unliveable future. "These are community-spirited people who have been endeavouring to raise the alarm about inaction by the goverment in relation to the climate crisis - and prosecuting them was the wrong thing to do. "I think the reaction of the jury not to convict anyone in this case sends a message along those lines." Stevenson said the dismissals did not set a precedent, but the police should pay attention to them. The office of the Solicitor-General said Crown Law very rarely had any involvement in charging decisions, which were matters for the police and Crown solicitors. "In this instance, the Crown solicitor has determined, on the particular facts of the case and applying the Solicitor-General's prosecution guidelines in relation to retrials, that the public interest would not be served by a retrial." Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Scoop
06-05-2025
- Politics
- Scoop
Restore Passenger Rail Climate Protest Charges Dropped 6 May
Article – Climate Liberation Aotearoa The group said that their actions in 2022-23 were an attempt to match the urgency of the climate catastrophe, which was, and is still, being largely ignored by the government. In the Wellington District Court today the Crown prosecution withdrew all outstanding charges against twenty-five Restore Passenger Rail supporters who temporarily and repeatedly stopped traffic on Wellington roads and motorways in 2022-23. The climate defender group demanded that the government restore a nationwide, affordable passenger rail service for New Zealanders. Police originally charged the road-sitters with obstruction, later bumping it up to the criminal offence of endangering transport, carrying a maximum penalty of 14 years in prison. Three of the group each spent two weeks in prison and five, including a great-grandmother, a grandmother and a grandfather, wore electronic monitoring bracelets for up to 13 months. Earlier this year the first of seven jury trials ended after three weeks with one not-guilty verdict (Andrew Sutherland) and a hung jury for three others (Michael Apáthy, Te Wehi Ratana and Tāmati Taptiklis). During the trial, jurors heard from climate experts Dr Kevin Anderson, Professor of Energy and Climate Change at the University of Manchester, and James Renwick, Professor of Physical Geography at Te Herenga Waka. When asked what three degrees Celcius of warming above pre-industrial levels would be like, Professor Anderson replied, 'We haven't seen that for millions and millions of years. … Huge parts of the planet will be uninhabitable.' Professor Renwick explained that in the worst-case scenarios, sea level rise could reach three to four metres. 'Most of downtown Wellington will be underwater, downtown Auckland – most of it will be underwater,' he said. 'Today's decision is an important moment for the climate movement,' said Climate Liberation Aotearoa (formerly Restore Passenger Rail) spokesperson Michael Apáthy. 'In March, the hung jury result showed that New Zealanders do understand the seriousness of the climate emergency. Today's decision backs that up. It is also not only a vindication of our democratic right to protest but a criticism of the police charge which was out of all proportion to our actions.' The group said that their actions in 2022-23 were an attempt to match the urgency of the climate catastrophe, which was, and is still, being largely ignored by the government. They said that a nationwide passenger rail service would begin to bring down New Zealand's out-of-control transport emissions, while at the same time reducing road congestion, connecting communities and improving the quality of life for New Zealanders. 'We are living through the world's sixth mass extinction,' said Michael Apáthy. 'Climate breakdown is daily news. Floods, wildfires, and droughts are accelerating. Temperatures in Pakistan last week, pre-summer, reached 50 degrees Celsius. That is unsurvivable. Yet instead of working to help safeguard a liveable future this government has downgraded climate change in its 2025 Defence Capability Plan and is spending an extra $12 billion on making our military more 'modern and combat-capable'.' 'We hope today's decision will help steer police away from the international trend of increased repression of peaceful protest. When our government continues to fail us on its path of climate denial and erosion of the democratic process and environmental protections, it is left to ordinary people to stand up for our youth and all living creatures. This moment in history calls on all of us to fight for the transformative change needed for our survival. Climate Liberation Aotearoa will continue that fight. Climate action is needed now more than ever.'
Scoop
06-05-2025
- Politics
- Scoop
Restore Passenger Rail Climate Protest Charges Dropped 6 May
Article – Climate Liberation Aotearoa In the Wellington District Court today the Crown prosecution withdrew all outstanding charges against twenty-five Restore Passenger Rail supporters who temporarily and repeatedly stopped traffic on Wellington roads and motorways in 2022-23. The climate defender group demanded that the government restore a nationwide, affordable passenger rail service for New Zealanders. Police originally charged the road-sitters with obstruction, later bumping it up to the criminal offence of endangering transport, carrying a maximum penalty of 14 years in prison. Three of the group each spent two weeks in prison and five, including a great-grandmother, a grandmother and a grandfather, wore electronic monitoring bracelets for up to 13 months. Earlier this year the first of seven jury trials ended after three weeks with one not-guilty verdict (Andrew Sutherland) and a hung jury for three others (Michael Apáthy, Te Wehi Ratana and Tāmati Taptiklis). During the trial, jurors heard from climate experts Dr Kevin Anderson, Professor of Energy and Climate Change at the University of Manchester, and James Renwick, Professor of Physical Geography at Te Herenga Waka. When asked what three degrees Celcius of warming above pre-industrial levels would be like, Professor Anderson replied, 'We haven't seen that for millions and millions of years. … Huge parts of the planet will be uninhabitable.' Professor Renwick explained that in the worst-case scenarios, sea level rise could reach three to four metres. 'Most of downtown Wellington will be underwater, downtown Auckland – most of it will be underwater,' he said. 'Today's decision is an important moment for the climate movement,' said Climate Liberation Aotearoa (formerly Restore Passenger Rail) spokesperson Michael Apáthy. 'In March, the hung jury result showed that New Zealanders do understand the seriousness of the climate emergency. Today's decision backs that up. It is also not only a vindication of our democratic right to protest but a criticism of the police charge which was out of all proportion to our actions.' The group said that their actions in 2022-23 were an attempt to match the urgency of the climate catastrophe, which was, and is still, being largely ignored by the government. They said that a nationwide passenger rail service would begin to bring down New Zealand's out-of-control transport emissions, while at the same time reducing road congestion, connecting communities and improving the quality of life for New Zealanders. 'We are living through the world's sixth mass extinction,' said Michael Apáthy. 'Climate breakdown is daily news. Floods, wildfires, and droughts are accelerating. Temperatures in Pakistan last week, pre-summer, reached 50 degrees Celsius. That is unsurvivable. Yet instead of working to help safeguard a liveable future this government has downgraded climate change in its 2025 Defence Capability Plan and is spending an extra $12 billion on making our military more 'modern and combat-capable'.' 'We hope today's decision will help steer police away from the international trend of increased repression of peaceful protest. When our government continues to fail us on its path of climate denial and erosion of the democratic process and environmental protections, it is left to ordinary people to stand up for our youth and all living creatures. This moment in history calls on all of us to fight for the transformative change needed for our survival. Climate Liberation Aotearoa will continue that fight. Climate action is needed now more than ever.'
