MP urged us not to sue
1080 blackmail suspects claim:
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.