Craig,

I rang your office on Friday afternoon and told your secretary that I have been charged with two criminal acts, 2634 -Indecent Assault On Boy Under 12 and 2631- Indecently Assaults Female Under 12.

The accusation is baseless, and my recollection of events is here: http://www.thebakerstory.yolasite.com/complaint1 


The point is, I was visited at my home after I rang the police on Thursday 11th October 2012 to say I had been driving down Church Street in Maketu when a man had run out onto the street in front of me carrying what looked like a brick or a rock. He stood in the road in front of my car, so I had to slow to a crawl to avoid running into him, however I had only been driving at about 20kph.
He threww the brick with extreme force at my windscreen, but hit the top of my bonnet just by the windscreen, and smashed the glass, but causing only a couple of large cracks, and some glass to fall off inside the car. He then punched me in the face, through my open driver's window, and I sped off and went home.

I found this extremely frightening and traumatic, so I opened a bottle of wine I had intended to drink in the evening and had three or four glasses before phoning the Te Puke police to complain. Two police cars came to my house, probably within an hour of teh incident happening, and accused me of drinking and driving.

They asked me to accompany them to the police station in Te Puke, and it was only after I had been there a short period and had undergone a breath test which was 400, right on the legal limit, and then another breath test they told me was over 650 that they asked me if I wanted a blood test, and a nurse was called from Tauranga. This took about half an hour, and while we were waiting I was told that a complaint had been made regarding an alleged sexual assault.

After the blood test was taken and my drivers license confiscated, I was asked to make a statement on video, which I did, denying any allegations of any sexual assault, or even touching of any children.

My question to you, is can I be convicted of drinking and license suspended before I have had a chance to go to court, if I am doing so at my place of residence??

What happened was that I had been to see my GP at Papamoa at 9.30, and had come back to Te Puke, stopping at the supermarket and a couple of shops, and the recycling centre.

I had then stopped at a local farm to pick up some cow manure for the garden, and gone to the beach. After leaving the beach, some time after 12, I can't say exactly, I drove up to teh top marae at maketu and decided to call at teh house of Komatua Mr Walters to enqure about the progress of teh restoration of some carvings. After driving down Church road, where he resides, I parked my car next to his drive way, and noticed a group of children sitting on a small hill about a couple of metres from the footpath. They were right beside Mr Walter's drive way, which runs past Mr Niven Rae's house. Mr Rae is a maori carver.

Walking up the group, I was about to ask them who was home and if they had seen anything of Mr Walters. Here I cannot be clear about the details of how many children were in the group, exactly how old they were, and whether Mr Rae's daughter was part of the group or came out of the house. I think she did immediately come out of the house, and was followed by her brother, another of thecomplaimnants. She asked me to leave, and I asked her why. I'm not sure but I think she returned to teh house, and her brother spoke to me saying "Just leave". I told him I would and I was leaving, and took a step back, and asked him again why they wanted me to leave, as I would have to walk past the group who were still seated on the ground on a small hill in full view of about four or five houses, but on a vacant section overgrown with long grass. He was begging me to just leave, so I did. This whole event took a minute or two. I can't be accurate about the time I arrived, and the time I arrived back at my house, but the drive is less than a mile.

I got into my car, and as soon as I had driven 30 metres iit was apparent why he had wanted me to leave. It was clear somebody had called the man who was standing in front of my car in teh middle of the road, and which appeared he had come from my left.

I'd like to know why I was charged with drunk driving as I hadn't consumed more than the legal limit, and only began drinking wine after I arrive back at 42 Spence Avenue.

I'd also like to know why I wasn't given a copy of my complaint to the police. Did they take my statement to them seriously and formally? They (the policew who came to my property) did look at the damage to my windscreen which has not yet been repaired.

Am I allowed to drive even though my driver's license was taken from me? Is this legal?

Are you available to assist me in this matter, even though I understand that another lawyer will be appointed for me on the two charges of indecent assault?

copy to Tony Ryall

 

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