NZ courts defend right to protest outside police officers house

culabula88

Came across this website the other day - I dont know how reliable a source it is but certainly the court ruling is outlandish imho

http://www.freespeech.org.nz/section14/2007/05/05/right-to-protest-upheld/

Right to protest upheld

The Supreme Court has upheld the right to protest (PDF) by throwing out the disorderly behaviour conviction of a man who protested outside a policewoman’s home.

A couple of days after being woken at 3am by police with a search warrant, Allistair Brooker followed the officer responsible home after her night shift and later that morning knocked on her door, waking her up. When told to “piss off” he left the property but stayed on the street outside singing a song about how unpleasant it is to be woken up unexpectedly.

Brooker was arrested and later convicted of disorderly behaviour. He took the conviction all the way to the Supreme Court, where it was overturned.

Chief Justice Sian EliasAfter discussing the limits of the disorderly behaviour charge, Chief Justice Sian Elias said in her judgement:

A tendency to annoy others, even seriously, is insufficient to constitute the disruption to public order which may make restrictions upon freedom of expression necessary.

Elias has got it right - the right to express yourself must include the right to annoy others. Any alternative would effectively ban dissent.

Brooker should be congratulated for two things. The first is the good-natured (impish, even?) manner of his protest - something the Anzac Day vermin, also facing disorderly behaviour charges, might like to consider. Second is his resolve in taking a minor charge all the way to the Supreme Court. It is these sorts of decisions that determine how free we are in the long run and it takes courageous defendants to get these decisions made.

FGR

So you agree that it was acceptable for the officer to be followed home by the man, and purposely be woken up for no reason other than to protest?

If a man wishes to protest they can picket the police station or make a complaint about the officer. The fact that she was followed home to her personal address and knocking on the door, in the middle of the night, is out of line. I would have nearly regarded it as intimidation; if anything. He had no professional reason to be there other than to cause annoyance or even possibly put fear in the officer.

Without knowing the facts it's really hard to see where the Judge was coming from..

Celticfire

I know what i'd be doing outside the judges house at 3am if I was that copper...... :cool:

seanybiker

ha ha I think this is brilliant. He done it all in a peaceful manner so whats the problem. Why couldnt they enfoce their warrant at a more reasonable hour. Obviously neighbours are gonna hear them going in through his house in the middle of the night.

FGR

..How about the NZ Equivalent of a Section 26 MDA warrant when the member's received information that all evidence will be removed from the house before sunrise?

Has to be done!

culabula88

ForegoneReality wrote: »

So you agree that it was acceptable for the officer to be followed home by the man, and purposely be woken up for no reason other than to protest?

If a man wishes to protest they can picket the police station or make a complaint about the officer. The fact that she was followed home to her personal address and knocking on the door, in the middle of the night, is out of line. I would have nearly regarded it as intimidation; if anything. He had no professional reason to be there other than to cause annoyance or even possibly put fear in the officer.

Without knowing the facts it's really hard to see where the Judge was coming from..

No quite the opposite in fact. I thought the decision was outlandish. I agree with all of your points above. Typical Judge not living in the real world.

deadwood

ForegoneReality wrote: »

So you agree that it was acceptable for the officer to be followed home by the man, and purposely be woken up for no reason other than to protest?

O.P. was quoting the article here.

seanybiker wrote: »

ha ha I think this is brilliant. He done it all in a peaceful manner so whats the problem. Why couldnt they enfoce their warrant at a more reasonable hour. Obviously neighbours are gonna hear them going in through his house in the middle of the night.

I almost, nearly, could possibly grudgingly admire the "protester" for his "impish" behaviour.

He stepped over the line by targeting an officers home. He should have protested at the station, courthouse etc. I wonder if he protested outside the judges house after his initial conviction, would he have been succesful in the Supreme Court - I doubt it.

And yes, the officers were inconsiderate in calling to his house so early. I bet they didn't even ring first. Get real.

Guy:Incognito

article wrote: »

Brooker should be congratulated for two things. The first is the good-natured (impish, even?) manner of his protest - something the Anzac Day vermin, also facing disorderly behaviour charges, might like to consider. Second is his resolve in taking a minor charge all the way to the Supreme Court. It is these sorts of decisions that determine how free we are in the long run and it takes courageous defendants to get these decisions made.

That paragraph makes it clear that freespeech.org is another version of Indymedia.

seanybiker wrote: »

ha ha I think this is brilliant. He done it all in a peaceful manner so whats the problem. .

Would you think it was peacefull if I knocked on your door at 3 in the morning then stood outside your house singing and keeping you awake?

Eru

Does NZ have ASBO's and other similar items to handle this kind of thing?

This would not hold up in an Irish court under numerous Acts and the right to protest was never intended to victimise a specific individual.

civdef

Posters (including title until I changed it) keep mentioning the UK and Law Lords, this is the New Zealand Supreme Court isn't it? Or am I missing something?

Trojan911

That's actually quite amusing, he was obviously not a happy camper at being woken so early.

parsi

I don't see how this is right.

Once you clock-out then that should be it. Be you a shop-assistant, a cop or a judge,

I've seen similar cases with dole officers attacked after-hours - its not right. If yer man wanted to protest he should have gone to the barracks,