[asia-apec 1171] APEC in NZ: Dissident loses bid to rein in police

[Gatt Watchdog]

NZ Herald, 29 June 1999, Auckland

Dissident loses bid to rein in police

A Chilean dissident who claimed he was being harassed by police
targeting Apec threats has lost his bid for a landmark restraining
order.

Esteban Espinoza launched the court action - the first against the
police under the Harassment Act 1997 - after Malcolm Jones, a
detective from Auckland police's threat assessment unit, visited
his mother's and his own home last year.

Detective Jones said he visited Mr Espinoza, president of the
Auckland Latin American Community, to build a rapport with the
immigrant community ahead of Apec, the America's Cup and other
events.

Mr Espinoza, who campaigned against the former Chilean regime of
General Augusto Pinochet after his arrival here 18 years ago, said
he felt intimidated and feared for the safety of his family after
that and other brushes with police.

However, Auckland District Court Judge Barry Morris ruled police
had not harassed Mr Espinoza.

"There has been no arbitrary interference by the police with his
privacy, family and home," he said in a reserved decision.

He added, however, that police could breach the Harassment Act,
even though it was considered as anti-stalker legislation during
parliamentary debates.

Mr Espinoza's counsel, Brett Cunningham, said his client might
appeal to the High Court.
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