Miscarriage of Justice

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‘Truth will out’ — Shakespeare: Merchant of Venice


Miscarriage of Justice and a Wrongful Incarceration Based Upon Perjury. 

Max Tobin is a man who enjoys being out in nature, to delight in the beautiful bush, the trees, birds and the beautiful landscape that is New Zealand. Max spent a good portion of his time growing food, gardening and doing some landscaping, as well as crafting art with his hands. Max has the ability to relate to people from all walks of life, as he had for many years worked in Auckland, interviewing people for jobs as a specialist in the high tech area of recruitment.

Often the life of the party, Max is an entertaining storyteller, who has had many people on the edge of their seats, either laughing, or moved to tears, as some have been deeply touched, when Max shares stories which pertain to the challenges within the human condition. Max is an optimistic and social man who enjoys planting seeds in the garden, as well as those which can inspire others to create positive changes in their lives.

Many can attest to the fact that Max is a man of peace, and someone whose word is his bond. They know Max enjoys to spend time focusing upon creative pursuits as he is a skilled artisan, who enjoys woodworking and carving.

I his wife and life companion, am a singer songwriter, and it was a song I wrote and recorded that brought the two of us together from two opposite sides of the world. We have goals to record and produce albums, as we had our love song professionally recorded in celebration of our coming together. Some years ago now, Max and I moved from Auckland to northland to retire, Max is 68 years old and I am is 64. Our dream for retirement, was to focus upon our creativity to plant gardens, create music and art as it supports healing and well being in community.

Then one night in July of 2016, our dreams shattered, and all turned into one long legal nightmare, and our lives have never been the same. Three years on, we endure the legal abuses, and now the daily heartbreak of separation, as Max has been imprisoned for six months, with no appeal in progress. The pain and hardship of a wrongful conviction and incarceration and all that entails, involves ongoing heartbreak, overwhelm and exhaustion for us both.

What I’d thought was a trusted person, was on my friends list in a social network, as I had shared I was intending to call the SPCA to investigate the keeping of a neighbours dogs, as this was due to their incessant barking for long durations on numerous days, this from being caged up, for months after a year of running wild in packs, to have been a nuisance to us and many of our neighbours.

I felt guided to inform family and friends in the event the man later retaliated in any way about being investigated, as he had a tough background and associates. Unfortunately what was intended for our protection, back fired to be used against us.

This neighbour had lived in a small container home with 11 dogs. On the night, this neighbour did a boy racer type of drive by and turned around to stop at our gate to yell, “you better watch your backs.” Max went to go talk to the man out on the road but neighbour came out punching so Max efforted to leave, to avoid violence, yet neighbour intrusively tried to climb into Max’s open top land rover to assault him, and when Max looked back to see if he had boarded, he looked too long backwards, such to swerve off road, to just miss a tree and accidentally when breaking, nicked with the grill of his truck, another neighbours mailbox, thereby tilting the box.

By the time Max re oriented himself to effort to return home, the neighbour was glaring at him at the drivers door, to then grab Max by his headlight to tear it off, and pin him down while he repeatedly punching his head. Max was pinned down in a sitting position, in an open vehicle, such he had limited options and all he could think, was to get the guy just off his feet, so he could push him off, so he could get free from the assaulter. So Max shifted gears to turn the wheels only just enough, to get the man off his feet so he could push him off, which alone caused a sprain of Max’s abdomen from the shear weight of the man.

However, neighbour claimed an impossible physical story that Max was the initiator of assault to then be dragged by the beard, by Max, who he claimed with one hand out of his vehicle, held guy only by the beard, to drag him he says, from his gate, 30 to 40 ft to then, in the dark, strategically bash him into another neighbours mailbox, to then, wait, there’s more, be dragged still another 30 or more feet, to then be pushed off. This of course is impossible, yet this guy claimed this perjurious story in a statement 3 weeks after the incident, as he had plenty of time to add in a mailbox to fabricate an outrageous story that resulted in a spurious charge being laid by a targeting constable, even though neighbour told him on the nite, he didnt want to press charges. Assaulter stated this impossible story to perjure himself further under oath, when on the stand.

On the nite, because he had broken ribs, an ambulance was called, however he lied to the ambulance driver saying he fell chasing possum, this because he knew he was guilty of assaulting Max earlier. Even when he got to his feet, he was still threatening Max, as another neighbour came down to see the man on his feet, after the assault, with raised fist yelling, “I will get you Max.”

This man was inadvertently injured, because he wouldn’t stop beating Max about the head and simply was pushed off as Max has never been violent, is not a mad max nor a superman who could accomplish such an impossible feat, such as to drag a man in the dark such a long distance, as claimed. The neighbours home is 2 bush blocks up the road.

Yet the judge did not stop the trial to discharge the case, based upon an impossible claim, from what had in my estimation, come from a man terrified of more prison time, who in retaliation, opted to perjure and fabricate such a story. He claimed Max initiated the assault, to lie out of fear of adding more charges to his current ones, as the assaulter was just months before, charged with three illegal firearms, and had lied to the police, that they were his, this and the cultivation of cannabis, as he was on bail.

A lawyer sabotaged case and dna evidence, got a murderer off weeks later with no jail time, but couldn’t get an innocent man off such to properly defend Max, who assaulted simply defended himself, as every man has the right to do. A constable targeted Max to make a one sided biased investigation and an illegal arrest, and a biased judge misled jurists, practiced law from the bench to prosecute a case based upon an impossible story of perjury, which should have never eventuated in a trial, to then give an manifestly excessive sentence of 4.5 years. I haven’t been able to secure a lawyer since he was sentenced 12th Oct 2018, as lawyers are resistant to take a case that has limited funds thru legal aid, and one involving such legal misconduct. 

Read Additional Blog Posts to Know More & for Updates:

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