How to breach a Protection Order and be charged with Assault 

I was victim to a vicious campaign by my estranged wife, encouraged and facilitated by lawyers through the forum of the Family Court, unsurprisingly; like countless men I was then subject to the constraints that a Protection Order bestows which was issued on 14^th September 2004 by Judge D.G. Mather.

 

 

 Saturday 9^th October 2004

 

Anita Catton dropped off Antonia and Shaun Catton for their access visit with me, I informed Anita that this would be my last access with the children whilst a Protection Order was in place and she should think further the consequences of her actions. This was taken with umbrage, further fuelled by the fact that Michael (Our eldest son) had a successful and enjoyable 21^st birthday party at my house that previous evening and he was still present when she arrived,  he was commending me for hosting the evening and morning.

 

Antonia and Shaun were still infested with head lice which had been prevalent for the past 14 months. I yet again had to delouse them.

 

Chloe Brooke, my niece who was in my care from CYFS arrived back that evening from a visit to her two half-brothers.

 

Sunday 10^th October

 

On Sunday morning I checked Chloe’s hair which I do weekly and found multiple lice and some eggs, I’d needed to implement a strict self routine with Chloe for her hair grooming, due to the nature of her hair, (nit combs had always previously caused pain and her last infestation resulted in her hair being cut short to allow the passage of a comb without much hurt) this had kept her head clear for the preceding six months although she vehemently hated the short hair, part of the reinforcement of this grooming was that I’d told her I would have to cut her hair short again if unkempt.

I told Chloe that I was going to cut her hair short again and to go to the bathroom and went to get the scissors, well she started bawling that she didn’t want me to cut her hair and that her friends would laugh etc…  I told her to stop the crying, and reminded her about what would happen and why, and would she rather have her friends laugh at her for having “nits”.

After some of snipping of the air I told her that I actually hadn’t cut her hair and asked was she going to stick to the routine? She readily agreed, I deloused her head had a few more tears with use of the comb and all reverted to normality with the hope of being nit free for another six months?

Regrettably, Antonia heard this commotion, put two and two together and came up with nine.

 

We left the house, had a good morning out and at the end of our outing  I told Antonia that it would be our last access until her mum and the court sorted things out.

 

We arrived back at the house for the access changeover, Anita was slightly late and while packing the car with the children’s effects I told Anita I was annoyed with the continual infestation of Antonia and Shaun’s hair, Anita blamed it yet again, upon Rawene Primary School, I indicated that I would write a letter to the school backed up by a letter to the Ministry of Education, she again took umbrage.

She and the children departed.

 

Within ten minutes the phone rang and Anita, began abusing me, firstly, because of the access issue and then subsequently accusing me of “beating” Chloe.

I told Anita that she and her family had lied continually under oath in affidavit form in the Family Court, that her concern for Chloe was a farce; I used an expletive and hung up.

I then noticed Antonia and Shaun’s coats hanging on the back of the computer chair.

 

Within ten minutes, there was a hammering on the door.

I knew by the hammering it would be Anita presumably for the coats.

 

I opened the door and passed out the coats and was surprised to see Jamie accompanying Anita.

 

They had ascertained from Antonia that my boarder had departed for the day

 

Anita said she wanted to see Chloe, I asked why? She then claimed that I had been beating her. I said “utter nonsense”. Anita said she wasn’t leaving until she had seen Chloe. 

I said she had a bloody cheek and to get the hell off the property.

 

I tried to close the front door but it was forced back open by Jamie and Anita combined and struck me on the left hand side of the mouth causing me to fall back and resultant bleeding from an extraction of my top left hand molar which had been done Friday 8^th October 2004 at Greenlane Hospital, Oral Section and an injury to my right inner arm and elbow

.             

Chloe started screaming, I told her to go to her room, close her door and play with her dolls; she closed her door but was still crying.

Anita and Jamie were standing in the hallway, Anita told Jamie to comfort Chloe, I said for him not to enter the house or there would be hell to pay and to get out of the property along with Anita.

I went into the bathroom rinsed the blood from my mouth and had to give my teeth the briefest of brushes to remove the aftertaste as I could see Anita and Jamie lingering through the bathroom mirror.

I emerged from the bathroom and again told them to go as I was sick of them, their lies and the lies of the Sinkinson’s.

Anita said they hadn’t lied, to which I referred her to all of their affidavits produced for the Family Court and asked was she in fact aware of the contents or just a mindless signatory.

I then told her I had a copy of all affidavits produced for the Family Court in the lounge if she wanted a refresher and that is where she headed for.

I again told Jamie to leave. He refused citing he was staying with his mother.

I followed Anita into the lounge where she had immediately picked up the Oriental Doll case. She said that it was hers which I refuted and I told her to put it down. She refused so I took it off her and placed it on the floor behind me. She then pushed me aside and put her right foot through the case.

 

 

I had been pushed aside into the fireplace hurting my left elbow and upper arm 

 

I then called the Emergency Services requesting the Police.

Anita began to advance on me. I was extremely scared of the events that were unfolding.

 

I again asked Anita to leave. She said she was going to wait for the Police and for me to show her the lies in the affidavits. They were ready available so I started to produce them.

She ignored the affidavits and asked what was the shit about her mother poking her tongue down my deceased father’s mouth. I said it was true, not shit and that she had also done it to my stepfather Mr George Martin. She didn’t believe me so I rang Mr George Martin and asked him to tell Anita about her mother’s inappropriate behaviour, I then handed the phone to Anita and went to the hallway were Jamie was.

I again told him to leave or I would remove him.

He refused so I grabbed a hold of his arm, he then grabbed me and pushed me backwards, as I still had hold of him he fell on top of me causing a cut to my head from his teeth, I also received a further injury to my right lower leg and left upper arm as I fell into the hatstand and Chloe’s bedroom door.

  

Chloe started screaming again and Anita came into the hallway.

I told her Jamie’s assaulted me.

I picked up part of the broken hat stand and told him he had ten seconds to leave the house, I started to count backwards from ten but seeing this was not going to persuade him, bleeding profusely (refer photo 8) I grabbed Chloe and ran for safety at the home of Paul and Caroline ******.

I asked Caroline to take care of Chloe and try to get her calmed down, I then asked Paul ****** to go to my house and to make sure Anita and Jamie didn’t help themselves or vandalise anything else.

I rinsed the blood from my head and lay down on the ground in Paul ******* carport shielded by a fence awaiting the arrival of the Police.

 

 

After a period of time I heard more voices arrive at my house, I assumed it was the arrival of the Police. I went back over to the house and instead of the Police found Mrs Sinkinson standing outside the front door.

I immediately told her to get off the property, she said for me to go to hell.

I went into the house and found in addition to Anita and Jamie that Michael (Our eldest son) and Steven Radley were also there.

I asked them all to leave, Anita and Jamie wouldn’t. Michael told them to leave, again met with refusal.

I grabbed Jamie to evict him yet again, he grabbed hold of the doorway so I tried to drag him off the doorway by his hair, Steven said to stop or he would intervene,

I said I would go through each and everyone in the house if they didn’t leave immediately. I let go of Jamie then Michael and Steven got them out of the house but only as far as the front step.

 

I called the Emergency Services and again requested immediate Police attendance.

 

The commotion was still ongoing just outside the house.

 

I was extremely concerned about Chloe so I went outside. The intimidation I experienced was almost unbearable.

 

 

Mrs Sinkinson was blocking the path. I again told her to get off the property, met also with refusal.

I told her a home truth and she hit me in the face. This angered me and I told her another home truth to which she tried to gouge me in the face with a car key.

I went on to the driveway, Anita came over to me so I lifted her up walked over to her car, placed her down and told her to just drive off.

I went back to the driveway told Mrs Sinkinson another home truth, for which I received another smack in the face, so I grabbed her by the arm.

I believe Michael or Steven intervened so I directed them to remove Mrs Sinkinson.

Steven then started admonishing me for head-butting Jamie, I told him I hadn’t and that it was in fact Jamie who had assaulted me, he repeated that I had head-butted Jamie and as Jamie was still on the driveway I told Steven to see how violent Jamie was, I walked over to Jamie and gave him a home truth to which he stepped out onto the footpath and called me across. I repeated the home truth and he pushed back into the driveway and advanced to me, I repeated what I had said and again he pushed me, he went to further push me so I then did head-butt him and indicated the same to Steven., by saying now I have head-butted him.

It was at this point the Police finally did arrive in two vehicles forty minutes from my call.

 

I retreated back to the house with Michael and Paul ********

The Police began questioning Anita, Jamie, Mrs Sinkinson and Steven.

 

 

Constable Gayle then came back and arrested me for breach of a Protection Order and Assault.

I retrieved Chloe and we were taken to Henderson Police Station were we were placed in an interviewing room. I had to continually reassure Chloe that neither of us had done any wrong.

Constable Klooster requested Anita accompany him seperately to the Police Station for a further statement,

 

 Upon instruction CYFS were requested to uplift Chloe which was again very traumatic for the both of us as she was crying in my arms and didn’t want to leave me.

 

I then saw a Medical Examiner who took a record of preliminary injuries.

 

I then conducted an evidential video whilst under trauma and without legal representation as the only available duty solicitor on call proffered by the Police listing was not able to come to the Police Station.

 

I then spent a most uncomfortable night in preventive suicide cell.

 

That evening Mrs Sinkinson then made an abusive and threatening telephone call to my mother and stepfather Cynthia and George Martin

 

 

Monday 11^th October

 

 

I arrived at the Waitakere District Court and was placed in a holding cell awaiting an appearance in court.

I was informed there was a Duty Solicitor appointed by the court to plead on my behalf.

Upon appearance in the court there was no Duty Solicitor present so I had to make a plea myself. Not guilty with trial by jury was entered.

I was then released on court bail.

 

I arrived back home and was emotionally imbalanced to the greatest of extremes.

 

Chloe and I had been violated in our home, we had been let down initially by the Police with their response, I was further subjected to the trauma of arrest and incarceration and manner of the separation of Chloe and I was untenable, with the absence of a lawyer in the court it became the final straw.

I called my mother to wish her well as I had decided to remove myself from the nightmare, I barricaded the house and then consumed a quantity of alcohol as I needed plenty of Dutch Courage, (The only means of suicide were kitchen knives as I don’t have drugs in the house neither weapons against the Domestic Violence Act as proclaimed in affidavits).

 

Cam Robertson (The Duty Solicitor appointed by the court) telephoned in the afternoon to apologise for not showing up in the courtroom.

I told him I didn’t care and informed him of my impending action.

He immediately notified Police comms. and a team was immediately despatched to intervene.

 

Negotiation by the Police was being initiated but as I was still holding a knife in my hand I was sprayed with pepper through the window, I was subsequently re-arrested and was again before the court on Tuesday 11^th October with a charge of "Assault with a Weapon" being laid.

 

Transcript of Police Communications Emergency Call made by Caroline ******, 125a ******* Avenue, New Lynn, Auckland on 10th October 2004.

Good afternoon Police Communications, How can I help?

Hi there, I’m at 125 *********Avenue

Yes ma’am
My neighbours are just having a massive row

Yes, we know.
He’s bleeding and I’ve got his daughter over here at my house, but its just getting really out of control.

You’re at 125 are you?

I’m at 125a

Oh got you, It’s Mr & Mrs Catton over there, How old is the little daughter you have?

Chloe, How old are you darling? She’s only six.

Chloe Catton is it?

I’m not to, I think its his niece but she calls him Dad, so I don’t know

Yes, And what can you see ma’am?

The guy’s bleeding from the face quite badly

Bleeding from the face

Yes and I think there’s a mother, a mother- in –law. There’s like about six family members out there but …

Yes OK, You’re in at the address behind are you?

Yes I am.

Let’s have a look, 125, You’re in just behind, 125a, What’s your name ma’am?

Caroline

You can actually see the family members out there now?

I’ll just look outside, yes they’re all out on the road, my partner is out there trying to calm things down, but I don’t know, I think it’s getting, I might have to call him back in.

Who’s that your partner?

My partner, yes.

OK

I don’t know, he seems OK though.

Yes, This is the first time you’ve called us eh, [name removed].

Yes it is.

OK no worries at all, and you’ve got Chloe there.

She’s fine here, like I’ve got no problem having her here.

Yes, no worries, we will be there very shortly.

Ah, Thankyou so much.

No worries Christine but other than that, Caroline, sorry, other than that all family members, there’s nothing going on at the moment, they’re just trying to sort things out are they?

They’re fighting, like the mother’s, like the woman’s like smashing her husband over the face.

Yes, that’s Chloe’s dad is it?

Yes, and even the, her mother’s taking a swing at him.

OK, so everyone’s beating up on

The Dad, yes.

Yes. Do you know his name?

Paul.

You know him do you?

Yes.

OK, so does he usually live there alone with Chloe or…

Yes he lives there alone with Chloe but I think he’s had his kids for a couple of days.

Kids, other kids?

Other children, Yes.

Now all the family of those kids, are they theer?

The other kids aren’t there. I can’t see the other kids.

Are they full brothers and sisters to Chloe or not?

No, I think they’re cousins.

Cousins?

Yes I think so.

That’s all right Caroline.

What’s your phone number there?

 

I  appeared in court on 11th October 2004 for the Suicide attempt, this time Cam was in attendance and no plea was entered, further released on bail.

I told him about the previous day in court and my not guilty plea with trial by jury, he informed me that his certification didn't cover jury trials and for me to seek out a barrister.

He further informed me that the Police had amended the Suicide attempt to a charge to "Possession of a Weapon" and if I pleaded guilty he could get the matter discharged, I thanked him and and asked him to proceed in that matter.

For the substantive charges I now faced I obtained the services of Mark Manhire who was briefed, but then had to pull out late in the day and thus he referred me to Helen Munro.

Helen took over the case at short notice.

I instructed Helen to call Paul ******, Michael and my niece Lynn as witnesses for the defence.

I also had other exhibits which I wished to be produced for the Court and told her I had been trying to obtain certain further exhibits from the Police which were being withheld.

On 18th May 2005 I attended the Court for the trial, Helen had not summonsed any of the defence witnesses I requested,  she said it had been set down for a defended hearing (without a jury) and she advised that an affirmative defence wasn't the process that defence exhibits would be produced.

There was a debate, an adjournment was sought, this was declined by Judge Lisa Tremewan (the presiding judge), I felt that Helen therefore could do with some help as she wasn't overly familiar with the background to case and requested that Alan Candy assist Counsel, motion denied by Lisa.

Crown Witnesses: Constable Gayle, Steven Radley and Jamie, Crown Exhibits: Copy of Protection Order and an Evidential Video interview with me

Needless to say a guilty verdict was recorded after two weeks of pondering by Lisa to reach this reserved decision.

Special note: Diane Ransfield (Counsel for the Child - Catton v Catton) was busy scribbling away at the back of the court while the Prosecution evidence was being given, which is against Court rules at Waitakere, no members of the public or journalists were in attendance.

This same out of context evidence was later found to be in an Affidavit submitted by Anita's mother and Father. SO WHO WAS THE SOURCE?

Apparently, on the day Lisa released her Judgement. "Coincidence" put Simon Jefferson (Counsel appointed by the Central Authority to make my application for the Children to be returned back to New Zealand under the Hague Convention)at the Waitakere Court, and he got Lisas Judgement actually from her, without going through the established normal process, in fact the Court administration were totally unaware that he had obtained a copy.

I had heard from Urban Jansson (my lawyer in Sweden) that it had been forwarded to the Swedish Central Authority and presented to the Swedish Court which led me to backtrack and uncover this chain of "coincidental" events.

So Lisa had found me guilty on 1st June 2005, I immediately tried to get an appeal underway, but was informed I couldn't until I was sentenced, sentencing wasn't going to happen for quite some time, 24th November 2005 in fact, therefore having this conviction while attempting to have the children returned back to New Zealand was providing a signicant obstacle. 

I appeared for sentencing on 24th November and asked the Court, Why after I had elected a trial by Jury had I undergone the a trial by Judge only?

There was some scurrying around listening to tapes in chambers , my exclusion and upon resumption Lisa overturned her conviction as there had been confusion at my first appearance before Judge Sharp and it was thought I might have wanted Jury Trial and she set the matter down for a new hearing this time by heard before a Jury.

I was certain that I had originally clearly requested a Trial by Jury, therefore I requested a copy of the tape. The Admin of the court provided a transcript, I again requested a copy of the tape, they said I couldn't have a copy, legislation said I could and again I requested a copy of the tape., the court again refused and further Lisa then Ordered the tape suppressed.

January 2006 pre depositions began.

Two Police Lawyers wereon the case and I was to be self litigating. 

Crown Witnesses: Constable Gayle, Steven Radley and Jamie, Crown Exhibits: Copy of Protection Order, Evidential interview with me.

Defence Witnesses summonsed to appear: Constable Klooster, Michael Jnr,

The police  outlined their case, Michael Jnr was in breach of the summons therefore I decided to proceed with limited exhibits available and not call any witnesses at this point in time, the JP's decided there was a case to answer and directed that the matter progress to a Trial later that year.

After complaints to Police District Command, Office of the Commissioner and the Minister for Police, the exhibits I had originally requested were finally released as disclosure.

Trial by Jury then arrived

Auckland Distict Court - November 2006

Crown Witnesses: Constable Gayle, Steven Radley and Jamie, Crown Exhibits: Copy of Protection Order, (The evidential interview with me had been ruled inadmissible at a previous callover).

Defence Witnesses summonsed to appear: Constable Klooster, Michael Catton Jnr, Michael Catton Snr, Lynn Catton, Jim Bagnall and Paul ******

The case the Crown put forward was extremely feeble, all oral evidence by Crown witnesses  was contradictory.

As a last measure the Crown broke all legal procedure and called Constable Klooster as a witness for the Crown.

His 24th hour, last minute recollection was considered by many in the courtroom, an attempt at Perverting the Course of Justice.

His "recollection" should have placed him as the leading Crown witness, not a late ring in to prop up a lost cause.

The defence opened and had called but 3 witnessses and produced a few exhibits before the Judge clearly had seen and heard enough.

He sent the Jury for recess and then asked if I was happy for him to issue an acquittal.

I gratefully accepted and he recalled the Jury.

He advised the Jury that with my agreement he had the Juridiction to acquit me there and then which he was exercising, he thanked them for their participation and finally wished me well.

So ended a two year battle at great cost of health, emotional wellbeing and financial resource to get myself vindicated.