Other Stuff

 

Code of silence clears inmate of attempted murder
01 November 2006

A notoriously violent gang member has been cleared of a vicious murder bid inside Paparua Prison after prosecutors failed to break through the inmates' code of silence.


Highway 61 member Patrick O'Brien, 39, is serving a nine-year jail term for a gang-related attempted murder.


He faced the same charge for allegedly stabbing Harley Edmondson, a member of a rival Auckland motorcycle gang, within hours of Edmondson being moved into O'Brien's block at Christchurch Men's Prison.

The latest charge against O'Brien was dropped yesterday in the High Court in Christchurch after prosecutor Anne Toohey accepted that the two crucial eyewitnesses to the November 9 incident – Edmondson and his cellmate – now claim they saw and remembered nothing. Justice Panckhurst discharged O'Brien, who will remain in prison serving his previous jail term.

Detective Senior Sergeant John Rae, the officer in charge of the case, said outside court that it was the second time he had investigated a potentially fatal attack in jail that had failed to end in a conviction because of the inmates' code of silence.

"Of course it's a problem for us. If these two witnesses had had the wherewithal and conscience to give evidence, then O'Brien would almost certainly have been convicted," he said.

Rae said he had investigated an inmate who suffered spinal injuries after being thrown off a balcony inside jail, but the victim refused to co-operate with police in naming his attacker.

"There were no charges at the end of the day," he said.

"If these people want to adopt this attitude I can't do anything about it, and I'm not going to bash my head against a brick wall."

Rae suggested their reluctance to help should be a factor when they appeared before the Parole Board to seek their release.

"My observation is that gangs play a pivotal role in preventing evidence being given, through either threats or their mere presence which is enough to intimidate. That's a real concern," he said.

"There are different stages. Some don't complain and some make a complaint – as in (O'Brien's) case – but subsequently are unco-operative.

"Usually there is a very dominant party involved and I suspect that's the case here, where one party is perhaps considered to be sufficiently well connected and sufficiently well supported or sufficiently intimidating."

O'Brien's lawyer, David Ruth, successfully sought for the charge to be dropped at a pre-trial hearing on the basis that there was insufficient evidence to put before a jury.

A former prison officer told The Press that inmates formed hierarchies within prison, often victimising other inmates who were too fearful to report incidents.

A lecturer at the Institute of Criminology at Victoria University in Wellington, Trevor Bradley, said the code of silence was a "well-known facet" of prison life in New Zealand and throughout the world. "There's a captive environment and there's the ability to be got at if it becomes known that you've narked," he said.

The origin of the attack was said to be rivalry between O'Brien's Highway 61 gang and an Auckland motorcycle gang, previously known as the 45s, with which Edmondson was connected. The attack in Edmondson's cell left him with a punctured lung and a lacerated liver.

He made a statement to police, but when the preliminary hearing to assess the evidence was held in the Christchurch District Court in August, Edmondson claimed to have no memory of who attacked him. He gave evidence via a video link from an Auckland prison. Cellmate Aaron Warden refused to answer questions but denied involvement in the stabbing.







 

Back

 

HOME

Hit Counter

 

 

highway 61 highway 61 highway 61 highway61 highway 61

sex biker news harley davidson custom motorcyles bikies motorcycle shows bankstown motorcycle show strippers hard and fast