Burundi: We've played this scene before.

A statement from the Office of the United Nations High Commissioner for Human Rights.


UN experts call for determined Security Council action to prevent mass violence in the Great Lakes region


GENEVA (16 July 2015) – A group of United Nations human rights experts* today urged the Security Council to take immediate action to prevent Burundi from sliding back into violent conflict ahead of presidential elections, a crisis which will not leave the other countries in the region, including Rwanda and the Democratic Republic of the Congo, unaffected. Thus far, 145,000 persons have fled to neighbouring countries in fear for their lives.

This is something that should scare the shit out of the whole world. Once again we are seeing the Great Lakes Region of Africa descend into chaos and once again the world is looking away. Six million lives have been lost in the DR Congo since 1998 and lets not forget the genocide in Rwanda and a further 800,000 lives. 


“The world is witnessing an escalating pattern of politically motivated violence in Burundi, enabled by the country’s decades-long tradition of impunity,” the experts warned. “The international community must not simply stand by and wait for mass atrocities to unfold, thereby risking a major conflict of regional proportions before it finally decides to act,” the Special Rapporteurs added, pointing to repeated cycles of mass violations that Burundi and the Great Lakes region have witnessed in recent history.

New Zealand is the currently president of the Security Council as we were when the Rwandan Genocide occurred and once again the Security Council is dithering. The difference being the last time we held the presidency we acted with honour.

" As the death count grew, our Ambassador, Colin Keating, pressed hard for the UN peacekeeping mission in Rwanda to be strengthened, and for the Council to declare this atrocity as genocide.

As the Council’s President in April 1994, we even had to threaten to hold a public debate to shame certain countries for their refusal to acknowledge what was happening.

In the end, mainly because of the unwillingness of some of the Council’s permanent members, those efforts were unsuccessful and 800,000 innocent people were butchered – many with jungle knives."

For fucks sake our ( NZ ) official position is that we oppose the great power Security Council veto. Yes we failed Rwanda but we tried. We may fail again...we will certainly fail if we don't try. The world voted us onto the Security Council not the vested interests of the west.

The situation in Burundi has already involved serious human rights violations. “It is accumulating the well-known and visible marks of a society which previously suffered divisions leading to grave violence. This can escalate into major conflict through the use of outright repression against, and intimidation of, the population at large, the instrumentalization of the police, the closure of independent media, as well as the detention of the opposition and other civic leaders. We also witness efforts to coerce the judiciary, some of whose highest members have fled the country claiming their lives were at risk. In the meantime, armed militias, with the collaboration of authorities, exercise violence against civilians. In these circumstances, it is not surprising that the results of the 29 June elections have generally not been endorsed,” the experts raised alarm. 

In short we have all the ingredients for another ethnic conflict that like the rest will engulf the the Great Lakes Region with potential consequences that don't bare thinking about except that we will have to do a lot more than think about them if   when they come to pass.



“The absence of independent media and a climate of repression and fear to exercise civil rights and express opinions, notably by peacefully taking to the streets, have marred the recent elections and will also be defining the forthcoming presidential elections, now scheduled for 21 July. The postponement by six days of the presidential elections does not remedy this blatant deficiency,” the mandate-holders stated.

It might be time for the world as represented by the Security Council to remind certain African dictators of a supposedly African proverb popularised by American President Roosevelt.

" Speak softly and carry a big stick; you will go far,"  


“If the government persists in holding presidential elections under the current circumstances – something even the former first Vice-President objected to after also having fled the country – they will in no way confer any legitimacy on the to-be-elected authorities. On the contrary, the elections are highly likely to result in major instability and confrontations in Burundi, with the potential to spread to the region,” the experts warned.

The big and forever unanswered question being who will benefit from the instability ? Oh of course the West, instability is opportunity.... just look at the illegal exploitation of resources multi-nationals have achieved in the DR Congo....and the cost... six million Congolese lives.  


On 9 July, the situation on Burundi was most recently discussed by the Security Council. The seven independent experts strongly echoed the call made by the High Commissioner for Human Rights to immediately disarm the youth militia Imbonerakure which is spreading major violence and intimidation among the population. The experts join the High Commissioner in recalling that the people of Burundi “have a right to go about their lives peacefully, in freedom, equality and dignity; without fear, and with equitable access to their country's many resources and opportunities.”

The Imbonerakure are targeting Tutsi communities and it would seem are predominantly a Hutu organisation.To quote Marrilion's Fish " You've played this scene before ".  


“The Security Council has a unique role for peace and security and for preventing conflicts worldwide. This is a crisis that is eminently preventable – everyone can see the risks. What is lacking is action,” underscored the independent experts. “Given the painful history of Burundi and the region, the long engagement of the United Nations in the country to re-build peace, the Security Council must be all the more alerted to the increasing potential of an escalation of massive violence,” the experts added.

And New Zealand as the current the president of the Security Council have failed enormously. We have failed our own legacy... even worse we have failed the trust the world mandated us with. 


“Burundians, who live in the world’s third poorest country must be spared another cycle of violence, with the misery and destruction that violence always leave on its wake. They look to the Security Council to live up to its unique role in the prevention of mass atrocities,” the experts urged.

I am ashamed to be a New Zealander today. John Key a new flag will not disassociate us from a genocide we did nothing to prevent. If our old brand has more honour than our new brand it would be better to abandon the exercise.

Burundi: More Bat shit crazy and New Zealand is once again chairing the Security Council.

Yet another African President who can't read the writing on the wall and thinks the presidency is a job for life.

 

Burundi: Power and opposition committed to continue dialogue despite differences

July 16, 2015 1:26 (Last updated July 16, 2015 1:30)

AA / Bujumbura / Jean Bosco / Rénovat Ndabashinze

After two days of consultations, conducted under the aegis of the new mediator of the crisis in Burundi, Ugandan President Yoweri Museveni, the Burundian parties agreed Wednesday to continue the dialogue that no compromise has yet been reached on the issue of the controversial third term of Pierre Nkurunziza.

That would have to be the stupidest mediator appointment in the history of stupid mediator appointments. A bit like putting a rabbit in charge of a lettuce patch.

In it, the author says, back in 1986: "The problem of Africa in general and Uganda in particular is not the people but leaders who want to overstay in power."

And who wrote it? The current president, Yoweri Museveni, who has been in the job for 25 years

The presidential camp, always hostile to the idea of ​​further postpone the date of the presidential elections (as advocated by the East African Community (EAC)), proposed to resume dialogue after the elections.

So the Presidents plan is to discuss with the opposition his third term in office after the election that he will corruptly win giving him a third term in office. Bat shit crazy springs to mind.

 "The government agrees on the principle of dialogue, but now the urgency is to organize the presidential election to avoid an institutional vacuum," said Alain-Aimé plenary Nyamitwe, Burundian Minister External relations.

You couldn't make this shit up nobody would believe you. 

Ugandan President had presented a set of proposals capable of resolving the crisis in the country since April 26, when the Burundian president Pierre Nkurunziza was invested by its candidate in the next presidential party, ruled unconstitutional by a candidacy civil society and the opposition.

Only Museveni could achieve a set of " proposals capable of resolving " such a crisis... even Rwanda's Kagame has recognised that you need to actually change the constitution first.   

One of the opposition leaders told Anadolu on condition of anonymity that "Yoweri Museveni, in particular, proposed the opposition to go to the presidential elections, to accept the results, let Nkurunziza still govern the country for two years with a transitional parliament and a national unity government even organize elections at the end of this period. "

Hilarious..the election hasn't actually happened yet but the result is clearly in and Nkurunziza has won.

A scenario that excludes the presidential clan. Willy Nyamitwe, Nkurunziza adviser, in charge of communication, notes in this in a press statement that "it is inconceivable that Burundi has already held elections in 2005 and 2010 to return to a transitional government, we are agree to a national unity government after the elections, and this is also recommended by our Constitution, "he has said Wednesday.

Coast of civil society is a mixture of satisfaction and anxiety prevailing at the corresponding Anadolu, present at the plenary meeting thereof held on Wednesday. 

If you can figure out what that means you are doing better than me although my guess is nothing at all.

Pierre Claver Mbonimpa, president of the association for human rights and the protection of detained persons (APRODH) said rather "reassured" about the outcome of the dialogue.

On the side of the opposition, Charles Nditije, the Coalition of Independents "Amizero y'Abarundi" (Hope Burundians), also said "confident".

I am pleased to hear that all are " reassured " and " confident ". I am not.


" In scenes reminiscent of Rwanda's 1994 genocide in which at least 800,000 people (mainly Tutsi and moderate Hutu) were killed, Burundian Tutsi refugees say local security forces have prevented a massacre after they dispersed members of the Imbonerakure, the youth wing of the country's ruling party, who had threatened to kill them in their refugee camp, IBTimes UK has learned.

Burundi: Scenes of violent clashes between police and protesters in Bujumbura
Under Burundi President Pierre Nkurunziza's CNDD-FDD party umbrella, the Imbonerakure (the Kirundi word for "those that see far") have been waging a campaign of intimidation and violence to help Nkurunziza win a controversial third term in the 26 June elections."

This is a very volatile situation..

"The findings made ​​in the presence of the facilitator provide a solid foundation on which we can resume dialogue which had been suspended moult times in the past," he said, recalling that two UN facilitators were dispatched to Burundi since the outbreak of this crisis, before being disqualified, respectively, the power and the opposition.


In other words they don't give a shit about the UN and international opinion is irrelevant. The irony from a New Zealand perspective being that we currently chair the Security Council. The last time we ( New Zealand ) chaired the Security Council the Rwandan genocide occurred and despite our best efforts the Security Council refused to act. I hope someone is awake in New York.

Since his arrival on Tuesday, Burundi, Yoweri Museveni, was, by turns, talks with Burundian President Pierre Nkurunziza, representatives of opposition parties, the presidential party and movement, civil society, different faiths and with media and former Heads of State.

Museveni has failed to bring about a resolution.


" Ugandan President Yoweri Museveni has left crisis talks between Burundi's rival political factions without a deal, but last-ditch efforts to end months of violence continue. "

Following these exchanges, the Ugandan president proposed Wednesday during a plenary session in Bujumbura, the various parties to immediately put around the negotiating table to find a compromise.

"Dialogue must resume immediately, under the facilitation of my defense minister" for his part urged the Ugandan mediator, announcing that it was his defense minister Crispus Kiyonga expected in Bujumbura on Thursday, which will relay the in the dialogue.

Museveni is no fool. He knows that there will be no glory for him here and has opted to get out of " Dodge ".

More than 100 people have been killed since the party in power has formalized Nkurunziza's candidacy in the presidential election of 2015, according to the main advocacy group Human Rights and Detained Persons.

Meeting on 6 July in Dar Essalalm, the Heads of State of the East African Community (EAC) had asked to postpone the presidential "in order to give time to the new Ombudsman, Yoweri Museveni, to conduct a dialogue with various parties ". The government then announced the postponement of the presidential election on July 15 to 21.

Watch this space.

DR Congo: " Venomous verbs of ruthless candour plagiarise assassins fervour "

Congo DRC News alleges I have translated this from French using Google Translate and then attempted to clean up the result ( against what most people would call good
judgement ). Congo DRC News is an M23 Facebook page. 

All translation mistakes are mine. 

Official Statement of Management of the Movement of March 23. 

We are totally distressed, dismayed, frustrated after new reports of 

summary execution of prisoners of war by the department military Intelligence 

DRC in Kinshasa. 

These are serious allegations. The problem is that they are being made by Bertrand Bisiimwa who is the head of what remains of M23. To call the management of M23 pathological lairs would be being generous.

The executions occurred between the months of July and August 2014. Those executed were soldiers from the National Congress for the Defense of the People, Acronym CNDP, which were integrated into the Government Army to seal the Peace Agreement signed March 23, 2009 between the CNDP and the DRC Government. They were part of the hundred military personnel who were arrested in Goma, Masisi and Beni between May 2012 and August 2013 for the suspicion of belonging to the Movement of March 23. 

The CNDP was the predecessor organisation to M23. The M23 acronym comes from the failure of the integration of the CNDP in the Congolese army ( FARDC ). I don't think it would be unreasonable for the Government of the DR Congo to hold suspicions about former CNDP rebels having connections with M23. Acting on those suspicions without proof and one must assume without judicial process would fall into the category of war crimes. The question remains did it actually happen ?

There are soldiers whose situation remains unknown. They were sent to Kinshasa and kept in different jails with no accessible services under the jurisdiction of FARDC Military Intelligence and subjected to atrocious torture and constant degrading treatment seriously damaging their health.

None of those fitting this category appear to be named. The dead can wait if there are soldiers fitting this designation they should be named, that they haven't been makes me very suspicious. 

Ten of them were summarily executed between the months of 

July and August 2014, They are: 

1 Basanganira Donatien 

2 Mahoro Faustin 

3 Nzirasanaho Emmanuel 

4 Hakizimana Richard 

5 BISENGIMANA Martin 

6 Kivamussa Simpenzwe, 

7 Hakizimana Fidel 

8 Bonane, 

9 Aliete Ndibindela, 

10 Molisho Safari. 

Under international criminal law, the execution of prisoners War is described as
war crime. Nations committing war crimes are liable to appropriate jurisdictions. 

I have had to clean up this a lot to make any sense of it. I assume the point Bisiimwa is trying to make is that the DR Congo government may be accountable to the Hague for these executions if they happened, or they happened without due process. 

Therefore, we are strongly concerned about the fate of other Prisoners of war on the list submitted to the Government for release. Their fate remains unanswered, eight months after signing. ( Nairobi agreement )

As for the " signing "

" So we have three documents; according to the United Nations, Banda and Museveni signed one set, we appear to have photographic evidence to back this up. Then we have Bertrand Bisimwa signing something that that says M23 is finished as a military force, something I would have thought was fairly self evident.  At the same time the government of the DR Congo is signing a third set of papers that seem to bear no relationship with the previous two sets of documents and making matters even worse this is all just speculation on my part as I have not been able to track down the text of any of the documents."

We have as far as I can see no mutually agreed document signed by M23 and Kinshasa. Those who are alleged to have been executed do not fall into the prisoners of war category they according to this article are former CNDP members who had joined the Congolese Army. The failure of Bisiimwa to distinguish again adds huge credibility questions to this report.

Statements of Nairobi. 

It is the same with respect to members Movement of 23 March who returned to the country in response to the many  messages initiated by DR Congo. Despite the Government  commitment to the amnesty. those who returned have been arrested in their homes by the security services and placed in detention without any judicial process. 

As far as I am aware the Congolese Government hasn't encouraged any of the M23 rebels to return. Bisiimwa's credibility as usual is stretched beyond breaking point. The Nairobi agreement is meaningless. M23 have in effect accepted an unconditional surrender and unconditional means just that.

In the city of Goma, we were able to identify 19 cases including 14 at the Central Prison Munzenze: NDAMWENGE BYENDA Daniel KAMBALE MBUSA Felix KAKULE TASI Mark Rwamanywa HABIPFURA, BIAITU FESTO, SEMPEZWE on, SENGIYUMVA Samuel BAHATI Bahari Roger Kalimunda Gerard Kazimoto Desire hamuli RWAMAKUBA Kaigo, Bonane BINEY, BAKUNZI Steve KAYEMBE Ally; 5 to Dungeon the National Agency for Information, ANR acronym Kabasha Olivier Bwira Eugene, Murhula Patrick jeanjacques PRINCE Andrew and SIBOMANA. 

I think we in New Zealand can assume our future head of state is not in gaol in Goma.

We recall that about 100 prisoners of war from CNDP, beneficiaries of the Amnesty agreement of 2009 that the DRC government had asserted to have released and transported in planes to the East are so far still missing. The subject was discussed at the talks in Kampala without agreement. Kinshasa has been criticized for not having delivered the prisoners to the Leadership of the CNDP as stipulated in the agreement.

Five years is a long time.

We denounce and condemn these acts of murder. We just to request from the 

ICGLR and SADC international inquiry to get to some light on this issue 

with similar facts have always legitimized specifications movements 

insurgency. 

Allegations without evidence sums this up. M23 need to provide some hard evidence. I think it reasonable that should the DR Congo government face ICC action over these allegations of war crimes then the M23 should also be held to account for the many Crimes Against Humanity that they are accused of.

Made in Kampala, August 17, 2014 

The President of the Movement of March 23.

DR Congo: " The child before they broke his heart Our heart, the heart that I believed was lost "

Esther Nsapu at Rafiki blogs: Another African blog and even better from Goma. You can't know how happy that makes me. This is a translation from French and cleaned up by me. All translation errors are mine. As this is Esther' blog I have not made any comments as per my practice with Charly Kasereka and Chantal Faida's blogs.

Shasha: Space "friend to children" Shaping the future of underprivileged children

                           

Child soldiers, victims of war and orphan's studying free courtesy of the  friend child Shasha network. In addition to the lessons learned in the classroom they are also trained in dressmaking and design; we have to prepare a better future.

They are about 500 children from the territories of Walikale, Masisi, Rutchuru aged from 4-16 years. They live, study and are supported by free to friend child space (SAEP) at Shasha, a locality thirty kilometers to the west of Goma, North Kivu, DRC.

Most of these children have lost their parents in the recurrent wars of the region. Some are the result of rape and others are former soldiers conscripted into armed groups. " I feel better here. Here after a few months I can read and write " reports Bonane Bazimaziki, 14, former militiaman.

At the age of 13, K. Baeni like most children accommodated in "Space " , could not count or hold a pen. "His integration was not easy but we are proud of him as of all the others  , " said Clarisse Kasaza the manager of SAEP.

Included in this number, nearly 200 girls are taught the skills of cutting and sewing, while boys learn drawing and painting. " I am proud to be able to sew clothes but also to weave carpets , " says FT, a girl born as a result of rape, never having known her parents and abandoned at birth. 

Even the locals are included 

Although this SAEP project is designed to supervise the children victims of war, the work of this organisation also benefits the local people. Included in the school, there is  ten local children. George Bazibuhe, chief of the town of Shasha observes, this organization is also very beneficial as giving the poor village children the opportunity to study for free.

He is proud and encourages developers and managers of this structure for children. " I can hardly pay my rent and my income does not allow me to educate my three children. Fortunately this center exists if not, I would seem irresponsible "explains Nsimire, who sells mangoes in the village.

According to Clarisse Kasaza since the center was established there two years ago, the progress has been significant: " children who were violent became docile. Tomorrow they will become honest and responsible citizens thanks to the education they have acquired.  " But the fact remains that the stresses on parents are large and numerous a fault authorities of the country are powerless to fix so the center must respond.

OK sort of breaking my comments rule but as I was working on this a friend
Kalume Jon mentioned what he was currently doing.

"...in Northern Uganda where Lord Resistance Army operated by Joseph Kony,... now am in evaluation of children's situation, orphans and child soldiers and vulnerable women affected by war. "

From a global perspective these issues should and are to some degree addressed by the UN. Rehabilitation should become a UN Security Council responsibility, the way out of messes like this is to break the cycle of violence. From a New Zealand perspective we need to win a seat on the council in September and getting Helen Clark into the job as UN Secretary General should be a national priority. We may only be four million people at the bottom of the world but that is not a weakness it is our strength. The NZ Government is by virtue of our size close to constituents. 

In 1994 while New Zealand held the presidency of the UN Security Council the Rwanda genocide happened. We attempted to stop it but we were over ruled by permanent council members.  Most New Zealander's didn't  and don't know the Rwanda genocide happened. Had they known, had they mobilised who knows what the international community would have been forced to do, remember the Springbok tour of '81 and we were divide then. New Zealand is almost unique in the world, when we collectively want our government to do something they had better do it or start looking for new jobs. That is our size advantage, that is our ability to change the world.

New Zealand: " Degraded and alone, raped and still forlorn Betrayed on a lizard's bed We chameleon, ..."

Rodney Hide in the New Zealand Herald opines,

At the risk of pissing some people off I have to say that I admire Rodney Hide. We are politically poles apart..... well at least at different ends of the centre spectrum. If I was a National Party person and I am not, I would be tempted to enroll him, it couldn't possibly work out as badly as ACT recycling Banks, Brash etc. In fact it would probably work out very well. 

It was once suggested to me by a prickly persona based in Hong Kong that I should dump Labour and suport ACT. I haven't laughed that much since someone explained the TINA Theory to me many years ago. The suggestion was made when Hilary Calvert was an ACT MP.  

Rodney Hide: Hilarious Dotcom drama is riveting

Harawira trumpets Mana and His People but that's not stopping him using his electorate to coat-tail Dotcom's party into Parliament. Photo / Brett Phibbs

I used to think politics was all about achieving good government. That proved invariably disappointing. These days, politics is no longer my responsibility. I'm happy if it just proves interesting.

That's why I am for the Internet-Mana Party. They're the best entertainment in years. If they were a parody they would be too improbable to be believed.

My thoughts exactly.

Maori nationalist Hone Harawira calls Pakeha the rudest of names and the wrong colour to date his daughter. But he's jumped into bed with whiter-than-white Kim Dotcom.

Just for the record  " white mother fuckers " is the term Rodney is looking for.

Harawira trumpets Mana and His People but that's not stopping him using his electorate to coat-tail Dotcom's party into Parliament. His price? $3 million.

It's easy to accuse Harawira of hypocrisy but he has a ready reply: it's a lot of money. At $3m his double standard is good and high.

" Why Richard, it profits a man nothing to give his soul for the whole world. But for Wales" Robert Bolt.

Laila Harre wasn't elected leader of the Internet Party. She was hired. She's been selected and paid for by Dotcom. The former coffee picker for the Sandinistas is New Zealand's first corporate-hire political leader.

A mate rang after Harre's appointment splitting his sides, "All they need now is Pam Corkery". Corkery was appointed press secretary that day.

That is funny. Pam Corkery is about as out of touch with anything verging on reality as it is possible to get. 

" Ms Corkery, a former MP and broadcaster, is planning to start a brothel for women. It would start as a TV reality series, but continue to operate after filming was completed. "

Pam as far as I recall isn't blonde but hell she should be, as cunning plans go that is right up with anything Baldrick ever came up with.

Willie Jackson considered standing but wanted $250,000. That's his price for standing up for his principles.

Fair enough. Hell offer me $250,000 and I will invent new principles.

The recycled 1990s Alliance Party is promising a digital future. But they're technophobes and Luddites. Harre declares herself well-qualified because her children are the internet generation and her husband uses a computer at work.

Yup. Corkery is even worse. I am in my forties and trust me Corkery is out of touch with generation X, it really is time for the " baby boomers "  to just piss off.

She also believes Dotcom is funding her to help the poor and downtrodden with 1970s socialism. It's nothing to do with his extradition to face criminal charges. The left don't talk about truth. Rather, it's the narrative. Harre is the only person buying her narrative.

Wrong. Lots of people, at least as many as I have fingers buy it. They are part of a club. For them clubbing has political overtones though... they don't support the clubbing of seals ... neither do I, but I wonder what the Mana position on that is ? That is not an idle question.

Next up, Annette Sykes. Her driving force? The Treaty and economic equality. Nothing about Dotcom's over-the-top lifestyle and opulence suggests Treaty concerns or a share-the-wealth mentality.

Actually I disagree, it is about getting those " WMF " that drives Annette or rather getting their wallets contribution after they have paid tax. 

Someone isn't being upfront about their political aims and aspirations. The gulf between Dotcom and his politicians is altogether too yawning.

Yawning ? I thought Mr Hide was laughing.

Then we have veteran campaigner John Minto. His promise? That Mana is coming after the rich. Capital gains taxes, financial transaction taxes, inheritance taxes and a more progressive tax system are all part of his campaign.

He's targeting the "parasites" and their "unearned income". In the meantime, he's more than happy taking the fat cat's money. That's the money the FBI are accusing Dotcom of not earning.

I remember Minto.    

" To my astonishment, and dismay, John Minto, who was there, hectored the great man for not kicking private enterprise and transnational companies out of South Africa after apartheid ended. A bewildered Mandela asked Minto how he expected people to find work if their employers were banished. It was at that moment I realised Minto was not driven by opposition to racism but by opposition to the entire capitalist system."

Dotcom set out to destroy Banks for not rushing to rescue him from Mt Eden Prison. He expected a minister to jump for a $50,000 political donation. That's his character. Imagine what he expects for $3m.

And imagine how he will perform when he doesn't get it. Pure entertainment.

Probably not an issue that is troubling Harawira , Sykes, Harre, Corkery or Minto, lets face it Dotcom isn't going to be any trouble at all if he wins his extradition battle and if he fails to win he sure as hell won't be able to do much in a federal cell in the USA.

New Zealand: LPRENT at The Standard is a fool. Farrar out thought you even before you failed to engage your brain.

The Standard blogs

I should make a couple of points. This is a centre left blog And David Farrar runs arguably the best blog in New Zealand certainly the second most read blog. David and I are friends although no one in their right mind would describe Kiwiblog as being anything but a centre right blog. Farrar is well aware of my politics and has always been available to advise me when I ring him despite the fact we play for different teams. This blog is in my opinion one of the worst in New Zealand and that is because they are liars. 

David Farrar badly needs night school

In Kiwiblog this morning, David Farrar appeared to be running a 9th floor pre-pump for John Banks to resign. But I was rather incredulous when I read the following paragraph…

I don’t think the Judge has actually helped the Government by delaying the decision on entering a conviction. Now that it is the Judge’s role to care about the impact on the Government. I’m just saying I think it would have been cleaner to make the decision as the same time as the guilty verdict.

My bold and italics as my jaw dropped to the floor at the sight of a self-professed political commentator being that blindingly ignorant about the relationship between the courts and the executive. Or being so ignorant of the usual legal processes in NZ that they don’t know what a pre-sentencing report is and what it implies.

Lets have a look at that highlighted sentence. " Now that it is the Judge’s role to care about the impact on the Government. " It is to be blunt fucking appalling English. It is in fact nonsensical. You don't become New  Zealand's top blogger with out some understanding of constructing a sentence. So lets look at the Kiwiblog post.

" Nowt that it is the Judge’s role to care about the impact on the Government."

It was a typo. Farrar has corrected it but owned the mistake via a typethrough. I have no idea who LPRENT the author of this drivel is but he/she knew it was a typo, well that is assuming LPRENT has any ability in the usage of English. 

What does he think? That the courts even consider what the government wants has any relevance to a judges decision? What a dumb fool.

At this point without even checking Farrar's post I knew who was a fool, LPRENT you are actually worse than a fool. It took me one glance at highlighted in italics quote to figure out it was a typo and to correct it so it made sense. What I can't figure out is what your purpose was ? Are you a National Party plant, a 5th columnist maybe writing drivel. Is this a right wing subversion of The Standard ? Could the " dumb fool " Farrar  have engineered this ? Or should we all just accept the facts and rename The Standard The Stupid. I am opting for the latter.

But since I don’t know of any civics courses in the 23 remaining night classes that his government has deigned to leave running in this country, we’ll just provide the basics that a decent civics program would provide.

LPRENT I remove all links from external sources. I am pleased however your mum was able to study English as second language trust me there are many courses available still for people wanting to learn English email me I will help get you enrolled in a free one. Given your English comprehension need it badly.

There is no provision for the courts to notice anything from parliament apart from the actual legislation, regulations validly promulgated from that, and the intent of the MPs at the time that the legislation was passed. Even then, generally judges take far more notice of the precedences in local and overseas courts on the same or similar cases to fill out the vast holes that most legislation is.

What Justice Wyllie did was ask for a pre-sentencing report before passing sentence. These typically take between 6 and 8 weeks to prepare and be read. So the judgement was rendered on June 5, and the sentencing date is (surprise, surprise) 8 weeks later.

But to round out the night class for David Farrar, political and legal dunce, and much of the rather badly educated media the pre-sentence report consists of..

This is funny. LPRENT expects us to accept he is an erudite and knowledgeable commentator, even though he can't spot a typo.   

" ...only has to leave Parliament if he gets convicted of the offence he is guilty of (conviction and guilt are not the same thing)." He quotes Andrew Geddis below. The legal dunce " Farrar" makes the same point in his post. We all know what a pre sentence report is why is included in this blog ?

Pre-sentence Reports

Judges routinely order a pre-sentence report where an offender pleads guilty to, or is convicted of an offence punishable by imprisonment. Pre-sentence reports are prepared by probation officers, who also supervise offenders living in the community after receiving community-based sentences or after their release from prison.

Pre-sentence reports contain information about:

• The offender’s personal background and family (whanau) circumstances;
• The lifestyle and other factors which are considered to have contributed to them committing the offence;
• Recommendations relating to courses of training or treatment which might assist the rehabilitation of the offender;
• An assessment of the risk of further offending;
• A recommendation as to the appropriate penalty, including proposed terms and conditions for the offender’s supervision, training and treatment within the community whether immediately or upon release from prison.

A range of programmes designed to assist offenders is available. Straight Thinking is a programme aimed at promoting life skills needed to avoid further offending and STOP is a programme designed to address the causes of violence.

Judges may also ask for psychiatric and psychological reports, which are commonly obtained for offenders who have mental health and/or drug or alcohol addiction problems.

It doesn’t appear likely that the court will be that likely to look at a discharge without conviction. See Andrew Geddis and Occassionally erudite for the why.

Andrew Geddis: Banks redux

Fourth, it is true that Banks only has to leave Parliament if he gets convicted of the offence he is guilty of (conviction and guilt are not the same thing). But I really, really hope he doesn’t get discharged without conviction – New Zealand has a terrible record of pursuing and punishing electoral offences (the police still haven’t actioned a bunch of complaints from the last election campaign!), and so to (effectively) let off an MP for breaching electoral law would reinforce the message that these sorts of rules really don’t matter.

Occasionally erudite: John Banks – A criminal, but not yet convicted

Will Mr Banks be successful in his application for a discharge without conviction? Probably not, but what would I know? I was fairly certain he wouldn’t be found guilty in the first place! At least I’m in good company there though, with Professor Geddis…

Mr Banks would have to show that the consequences of a conviction would outweigh the gravity of the offending. I don’t know what consequences Mr Banks intends to put before the Court on 1 August, but to my mind they’d have to be pretty damned serious to outweigh the gravity of attempting to undermine the transparency of our local government democracy. Given that a Pre-sentence Report has been directed that includes a Home Detention appendix, the Court is signalling that it’s relatively serious offending.

Fortunately the rest of David Farrar’s advice from on high (9th floor of the beehive?) is of a better standard.

However politically I think the honourable thing to do would be to accept that a guilty verdict has been rendered, and to resign from the House of Representatives before sentencing and the decision on a discharge. Not doing so would be a significant distraction for the Government, which should be talking about the economy, better schools, more operations, welfare reform etc, rather than having to be defensive on an MP remaining in Parliament after he has been found guilty of an offence which would result in a loss of his seat once if a conviction is entered.

Indeed. This is a pretty accurate statement about why  for the country it would be preferable for John Banks to stay in parliament. Especially considering the actions of John Key in avoiding looking at the evidence of a MP deliberately breaking electoral laws. Or that of the police not making a charge when they clearly had enough for a conviction.

John Banks is an ACT MP, John Key is the Prime Minister and a National MP. Or you accept Farrar's analysis that it would be better for the government for Banks to go as Farrar suggests but blame John Key for not well what ? Banks is not accountable to Key. He is accountable to the courts and to the voters in Epsom. LPRENT is a fucking idiot.