O'Brien . . . My Long Road Back

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“Whaika te Whakapono”

Seek for the Truth  –  Follow the Truth

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●  Complaint to the Ombudsmen (1)

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7 January 2013

Dame Beverley Wakem
Chief Ombudsman
New Zealand Parliament
PO Box 10152
Wellington 6143

Dear Ma’am
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COMPLAINT:  Official Information Request — New Zealand Police

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Will you please help me . . .

On 30 November 2012 I wrote to the Minister of Police requesting copies of five reports from a police file. The Minister responded same day advising my request had been sent to police. Copies of my request and the Minister’s response are [here]. More than 20-working days have now passed and the police administration has not responded.

In brief — here are the circumstances surrounding my request:

I am a former undercover police officer who, in November 2007, wrote to the Chief Justice, Dame Sian Elias, and confessed telling lies in court to obtain conviction against my targets while working as an agent-provocateur for the Crown. Also enclosed for your information is a copy of my recent, two-page letter to the Queen which provides some additional background material and an overview of these events.

The five reports I’m asking for all relate to the police inquiry that followed my confession:

(1)  Report from Mr Bruce Squire QC following his “independent” inquiry,

(2)  Report from Det. Inspector Ross Grantham following my evidential interview,

(3)  Report from Det. Inspector Bruce Scott to Deputy-Commissioner Mike Bush following the
criminal investigation he conducted,

(4)  Report from Deputy-Commissioner Mike Bush to Commissioner Peter Marshall following his
receipt of the Scott report,

(5)  Report from Commissioner Peter Marshall to the Solicitor General following his receipt of the
Bush report.

It’s my intention (after redacting the names of all third-parties) to publish these reports.

Will you please help me obtain copies of these five reports . . .

Thank you

Yours sincerely

Patrick O’Brien
X-Constable 3667

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link: my original digitally signed letter with enclosures (PDF – 520 KB)

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● Receipt from Ombudsman:

Email Headershere
From:  Ombudsman
To:  O’Brien
Date:  Thursday, 10 January 2013
Subject:  Acknowledgement – our ref: 348112

Dear Mr O’Brien

Thank you for your email and enclosures dated 7 January 2012, regarding a complaint against the New Zealand Police.

Your correspondence has been allocated reference number: 348112.  Please use this number in any further communications with us on this matter.

Can you please provide this office with a postal address, to which we can send further correspondence.

We will contact you again in due course.  In the meantime, if you have any queries or if your circumstances change please telephone us on the number below.

Yours sincerely

Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata

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My email to the Ombudsmen:

From:  O’Brien
To:  Office of the Ombudsman
Sent:  Friday, January 11, 2013
Subject:  Reference: 348112

Dear Sir/Madam

REFERENCE NUMBER:  348112

Thank you for your acknowledgement and reference number regarding my complaint against the New Zealand police.

I do not have a postal address — nor, in the event you should ask, do I have a telephone number:

Please communicate with me by email . . .

Thank you

Patrick O’Brien
X-Constable 3667

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● Letter from the Ombudsman:

6 March 2013

Mr Patrick O’Brien
By email: patrick_john_obrien@hotmail.com

Dear O’Brien

REFERENCE: 348112

I refer to your email and enclosures of 7 January 2013, in which you make a complaint about a delay by the Police in responding to your request for information.

At the time you initially wrote to the Office, the Police were still within in the statutory timeframe for responding to your requests. This is because over the Christmas and New Year period there are several public holidays that extend the 20 working days count for communicating a decision.

However, the response was due by 21 January 2013, and I understand that the Police have not yet responded. I am currently making enquiries with the Police and I will write to you again shortly.

In the meantime, I have been informed that a decision on your request is expected to be communicated to you by the Police in the week beginning 11 March 2013. If you are not satisfied with the substantive response please feel free to write to me again.

Alison Roy-Reid is assisting me with your complaint about the delay. Please feel free to contact her if you have any queries.

Yours sincerely

David McGee
Ombudsman

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Link: original letter from Ombudsman in PDF format

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Complaint upheld . . .

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● Letter from the Ombudsman:

4 April 2013

Mr Patrick O’Brien
By email: patrick_john_obrien@hotmail.com

Dear O’Brien

REFERENCE: 348112
OFFICIAL INFORMATION ACT COMPLAINT
NEW ZEALAND POLICE
DEEMED REFUSAL OF REQUEST FOR FIVE REPORTS

I refer to my letter of 6 March 2013, concerning your complaint about a delay by the Police in responding to your request for information.

I understand that a response to your request was sent to you on 14 March 2013.  [EDIT ~ see File Note (1) below]

I am now able to advise you of the outcome of my investigation of your delay complaint.

The Official Information Act (01A) requires that a decision be made and communicated on an official information request no later than 20 working days after the day on which the request was received (unless an extension of this time limit is made).

I am informed your request was received by the Police on 30 November 2012. By my calculation, a decision should have been made and communicated to you by 21 January 2013, at the latest. However, I understand that no decision was made on your request by that date.

As a result, I have formed the opinion that there has been a failure to meet the requirements imposed by the OIA. This has been drawn to the attention of the Minister of Police.

If you have any concerns about the substantive response to your request, then please feel free to contact me again.

Yours sincerely

David McGee
Ombudsman

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Link: original letter from Ombudsman in PDF format

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FILE NOTES:

(1)   March 14, 2013 — police respond to my information request:

(a) Report from Mr Bruce Squire QC is refused because … the withholding of the
information is necessary to maintain legal professional privilege

(b) The remaining four reports are refused because … the documents requested
do not exist or cannot be found

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(2)  Letter from police is online here:

http://obrien.wordpress.com/legal/police/info/6/

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(3)  My related commentary is here:

http://disidento.wordpress.com/2013/03/22/tui-moments/

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