protons

 Statement of complaint of assault.

On Thursday 11th October 2012  I had an appointment with Dr Claire McNally of Farm Street, at 9.30 am, and afterwards (11, am approx.) went to Bayfair, and afterwards to Pack and Save at Papamoa, then I returned to Te Puke, going to the Woolworths Supermarket, the Vegetable shop on Queen Street, the New World Supermarket, Mitre 10 and then Attrils cycles and finally the recycling centre before visiting the cemetry.

I parked in the cemetry car park and visited my cousin's daughter's grave, which is next to my Auntie Jess's grave, taking some red and white flowers to propogate from it. Then I returned to my car and opened a can of beer and had a little of the french loa I had bought, and spent a few minutes thiking of family departed and the tragic death of Sophie, whose killer has never been prosecuted by the police.

Then I drove out to Maketu, and down Pa road, where I went to a gateway leading onto the road, and swept up three bags of cow manure for my vegetable garden. Then I drove to the surf club at maketu where I watched the sea and birds for a few minutes, and then I drove up to the top marae, and sat for a few minutes in meditation and prayer for other things. I opened a second can of beer, which was New Zealand Lager with a strength of 5%, but I did not finish it all, knowing that this beer containss approximately 1.3 standard drinks, and I poured half the beer onto the ground at this point also knowing I had consumed approximately two drinks and could not possibly be over the limit to drive. Then I left the marae, taking some damaged and immature figs with me. The idea was that the marae gave something to me, and I gave something to the marae. Then I decided to visit Mr Walters and ask him about some carvings at the marae, and how long it was going to be before they were returned. These are the finest examples of Maori art in teh country and they are apparently being repaired.

The entrance to Mr Walter's house is off Church street, so I drove there and parked in the street because I didn't want to drive past Mr Niven Rae's house, in case he decided to park a vehicle across the drive way outside his house, and block me in. Twice in the past he has been confrontational to me, one when I visited him at his home, and once when I met him across the fence when I was visiting in another street. He was confrontational and aggressive to me even when I was on a public footpath or getting into my vehicle on a public road where I am legally entitled to drive. I'm not sure why he is this way toward me, but once when a mongrel mom prospect broke into my house and tried to kill me to gain rank within the mob, he escaped and ran up to the area adjacent to Church Street, where the police caught him the next day. I'm not actually afraid of the mongrel mob, and try to be on good terms with my neighbours, but I'm conscious that it would be easy to attack a person alone, and I do frequently ride my bicycle for exercise in the Maketu area as far away as the Kaituna River.

When I got out of my car, I locked the door,  and started to walk along the footpath towards the drive way of Mr Walters. It was about 10 metres or so from my car, and I had to walk past a small group of children, I'm not sure of teh exact number, perhaps four or five, sitting on a small hill on a vacant section next to Mr and Mrs Walter's drive way. Some of them were looking toward me and smiling so I said hello, and one of them acknowledged me with a wave. I walked the two or three metes toward them, and stood to the northeast of them, about two metres away. I can't reacll saying anything, but may have said hello, what are you all up to or something like that. The next moment I was conscious of one of the group who I think I recognised as the daughter of Niven rae. I first saw her in her father's house, which is on the other side of Mr Walter's drive, when she was about three years old, and I have seen her a couple of times since then, and I'm aware she has a daughter. She looked familiar but too young to be Mr Rae's daughter, so I was going to ask her her name, but I was aware that she was asking me to leave.

I'm not sure whether she was initially with the group when I arrived, and left to go back to Mr Rae's house, and then came back to the group, ot came from the house and then left the group. I can only put this down to the traumatic effect of the assault and having my windscreen broken. Then I was aware of a young man who was standing near me on my right who was asking me to leave. He appeared to be urgent. I'm aware of the laws of trespass so I made it clear I was leaving, and took a step backward toward the pavement, but wanted to know why I was being asked to leave. He didn't answwer me but just repeated several times, just leave, go now. The police said I had been drinking, and I did have beer can in my right hand at the time, but I must have picked it up before I locked my car, and it was empty.

He was pleading with me so I said OK and returned to my car and was driving back down the one-way street slowly, heading south when a man ran out on to the street from my left carrying a rock, obviously agitated and angry, and stood directly in front of me, so I had to slow down. As I approached to about a metre or two from him, almost with no speed, he took the rock from behind his back, and threw it with all his strength at my windscreen. He had been sort of hiding the rock behind his back, and he turned slightly to his right as he approached me and as I approached him, in the way that a javelin thrower approaches the line, then he let go with the rock at his full strength, and I wasn't expecting it as I'd decided he didn't have a rock after all. It happened quite quickly.

To my amazement my screen did not shatter. I found out later that he hit the bonnet first, and the object bounced into my windscreen, hitting it at the bottom in the centre. I don't recall seeing him before. My impression was that he was quite tall, say less than 180 cm, and thin to medium build, not fat, but athletic. He stepped to the side because I did not stop moving, and although I thought I had put my window up, I must have put it down, in my haste, and he took a free shot at the side of my face with his fist, connecting just below my cheek bone, and catching be flush on the cheek. My car was starting to accelerate by now, and I was still in second gear, which can get me to well over 50k if necessary. Fortunately I was not badly hurt, and managed to drive away thanking God.

Today 21st October I have been to Church, and the vicar Rev Brian Hamilton said he could see a bruise which has been visible since Thursday, a week after the assault.

Also today while I was at church the mongrel mob called, according to my neighbours and were walking around my section. Somebody took something from my garage, a chrome pipe which was being used as the handle of a rake until it broke, and left it on my lawn. It wasn't there when I mowed the lawn yesterday.

After I got home, on the day of the assault, I had to unpack my car and call the police about the assault. I was in shock, so I put my groceries away, and as I had not yet had breakfast or lunch, apart from about a third of a french pain, I put a pizza in teh microwave and opened a bottle of gerwrztraminer I had bought to have for lunch. I wasn't going to let this thug spoil my day. The wine was corked, and tasted like vinegar, so I drank it and opened the merlot, which was better. I had a couple of glasses while I was waiting for the pizza to heat up, and had another one while I was eating it. After that I finished taking the things out of teh car, and phoned the police, or phoned the police and finished putting my groceries away. This was about half an hour or so after the assault, but I couldn't be certain of the time because I didn't have the presence of mind to check the time. When the police arrived, about 15 or so minutes later, my car was still in the drive way, but empty of groceries.

One of the officers checked it, and they looked at the windscreen, and took a small piece of hickory wood from my back seat. It has the word NOH written on it in Mandarin. It is the name of a chinese general, and the first word of the word Nomad, in english. The police asked me to accompany them to Te Puke station and at some stage informed me of the charges which had been laid against me or at least of the complaint. They also said they suspected I had been drinking and driving. I told them I had been drinking at home.

 I'm not even certain what time this would have been. It was, I'd say about 15 minutes after I phoned the police that they arrived at my house, and it takes just over 10 minutes to get to Te Puke from my house. It was about half an hour after the incident that I phoned 111, I would estimate, but when I was assaulted by the mongrel mob in my home several years ago, what took three minutes actually seemed like 15 or 20 minutes to me.

I'm guessing it was another 10 minutes before I was breath tested, and probably another 20 minutes after my second breath test that a doctor was called from Tauranga. It takes all of 20 minutes to drive from Tauranga to Te Puke, probably more like 25. It must therefore have been one minute after I left Church street that I arrived home, and 45 minutes by my estimat after I started drinking wine at home that I received the first breath test at Te Puke police station. The time should be on the reading, which I was told was 400, which is the upper limit of teh legal limit, so at that point I was safe to drive. I was then given a second breath test, and I was told that after this one, which should also have the time on it, and was about five  minutes after the first that this one was "750" and over the limit. It was at this point that I requested a blood test, and a few more minutes before the doctor or nurse in Tauranga was phoned.

I told the police, Constable Burgess when I was at my home in Maketu that I had not been drinking and driving, and had only started drinking after I arrived at my home. The police told me thatd I had been observed with a beer can in my hand, but I did not telll them at that stage that I had consumed one can of beer at the Te Puke cemetry earler that day, only that I had consumed less than one and a half cans of beer before arriving at my home. Before I left my home at Maketu they had asked me about drinking and driving, and I had told them clearly and honestly that I had consumed less that half teh can of beer I had been observed with. I can't say why I had it in my hand after I locked my car, but can only assume it was either on the floor, or the passengers seat, and that I picked it up as I was leaving my car. I noticed it as I walked along teh street to Mr Walter's house, and intended to stash it in the grass before I got there, and pick it up again as I left. I quite ofter pick up aluminium cans from the side of the road, and put them in plastic bags and take them home for recycling.

I made a video statement at teh police station, in which I do not recall saying anything about the assault, and the damage to my car, although I do remember saying to the police on the telephone that I had been assaulted in Church Street, and I do remember denying that I touched, or even approached with a meter of the children on the hill. I was there a matter of seconds, and left as soon as I was asked to leave.

My first recollection after I arrived was that a young woman was standing on the opposite side of the group from me, and was telling me "We want you to leave" I recall understanding this a We want you (all, plural ) to leave. So I asked her to clarify. I think she repeated that she wanted us to LEAVE. I was trying to work out if this was teh same young woman I had passed on the footpath sometimes as she pushed her baby in a pushchair, or another family member because she looked familiar, but to young to be who I thought she was, and who she turned out to be. She had always been civil to me in the past, and just smiled if I greeted her.

I took her meaning to be, not leave Church street, or leave the footpath, but leave out of Maketu. I think at that point she may have gone into the house, and at that point her brother either stood up, or came out of the house, and also asked that I leave. He was asking me to leave the private property on which I was standing, so I told him I was leaving and told him I was taking a step backwards. I continued moving away from the group, and did not stop to remonstrate with the man, but asked him why they ware asking me to leave, and he just pleaded with me please leave, so I got back into my car and left.

 Craig,

I rang your office on Friday afternoon (12th October) 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 Spencer 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