The New Zealand Herald

MP urged us not to sue

1080 blackmail suspects claim:

- David Fisher investigat­ions

Acouple targeted by police hunting the 1080 milk powder blackmaile­r claim National MP Nick Smith — while Minister of Conservati­on — personally attempted to dissuade them from suing the police.

However, Smith told the Herald he urged the couple to get good legal advice but did not recall advising them against taking action.

Police paid Rolf and Ute Kleine $10,000 to settle a lawsuit over police tactics which saw them the focus of the hunt for the blackmaile­r. They had sought $165,000 in damages after being caught in the police focus on anti-1080 protesters as the source of the threat to put the poisonous pesticide into milk powder.

For months, the Kleines were targeted by an undercover officer, had their home secretly searched and were eventually put through hours of questionin­g by detectives.

Documents show a senior detective swore on oath: “I believe Rolf Kleine is the author of the threatenin­g letters that were sent to Fonterra and Federated Farmers on 26 November 2014.”

Instead, police solved the case by following DNA left on a threat letter to Jeremy Kerr, an illegal drug manufactur­er also selling a competing pesticide that 1080 was pushing out of business.

After Kerr’s conviction, Smith visited the Kleines at their Golden Bay home in mid-2016 with flowers and a card.

The card was signed by Smith and read: “I’m sorry you both got caught up in the awful incident involving the threat to poison baby milk formula. You were completely innocent, and although I do not agree with your views on 1080, you are totally entitled to hold these and express them freely.

“I understand how upsetting the police investigat­ion was for you both and are just so pleased they found and successful­ly charged the offender.

“There are no easy answers to the dilemma of innocent people being investigat­ed with such crimes, but hope you are able to get on with your lives.”

The Kleines claim Smith urged the couple not to sue the police.

Rolf Kleine said: “He told us the police had to do it and they did everything right. He said we wouldn’t get far at court.”

Ute Kleine said Smith told them “we wouldn’t have a chance”.

Smith told the Herald the visit was made out of compassion for the situation the couple had been in and not to dissuade them from suing police.

“I gave them no more than the advice that if they were taking legal action against the police that they needed to get good legal advice.

“I did say to them I had constituen­ts who had been through similar circumstan­ces who had spent a large amount of their private money for no good benefit and that’s what they needed to do going forward.

“It would be a misreprese­ntation of my visit to them to present it as trying to persuade them not to take legal action.

“I said, ‘Just make sure you’ve got good legal advice before you go further’. I have no recollecti­on advising them against taking action.”

Smith said it was reasonable for police to investigat­e those with “strong views against 1080”.

He said 1080 opposition had seen cars and helicopter­s tampered with and threats made, including a death threat against himself by someone with a firearms licence, which resulted in police providing security.

“They were complete innocents, they had strong views that I don’t agree with in respect of 1080, and the reason I dropped the flowers off to them was the way in which they had faced the intrusion into their lives when there was no question of their innocence.”

The threat was made in November 2014 and kept secret until March 2015 when then-Prime Minister Sir John Key made a formal announceme­nt.

Assistant Commission­er Richard Chambers told the Herald “a wide range of individual­s and motives” had been considered during the investigat­ion.

About 60 people were considered “of interest” by police.

“Any connection with the anti1080 movement was an obvious line of inquiry given the threat letters demanded the Government end the use of 1080.”

He said it was normal for “persons of interest to be eliminated from an inquiry” as it progressed and that was what had occurred with the Kleines.

“We have consistent­ly stated that we would not discuss reasons why specific individual­s became of interest to the investigat­ion, and that position still stands.”

Chambers said police had previously apologised to the couple for any distress around the “lawfully obtained search warrant”.

“The settlement of recent civil litigation by this couple also includes an expression of regret by police that they were drawn into the investigat­ion, and a contributi­on towards their legal costs.

“However there is no admission of liability in the settlement, and no damages have been paid.”

Kerr — who was also convicted for illegal drug manufactur­e — was imprisoned for 81⁄2 years.

 ?? Photo / Mark Mitchell ?? Rolf and Ute Kleine were paid $10,000 to settle a lawsuit over police tactics.
Photo / Mark Mitchell Rolf and Ute Kleine were paid $10,000 to settle a lawsuit over police tactics.
 ?? Photo / David Fisher ?? A card that Minister Nick Smith sent the Kleines.
Photo / David Fisher A card that Minister Nick Smith sent the Kleines.

Newspapers in English

Newspapers from New Zealand