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Kaikoura man claims reputation damaged Press 23 jan 2010

#21 User is offline   doppelganger 

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Posted 25 January 2010 - 08:50 PM

UI'll wait for thwe judgement to see what the judge really says.

Lies in the media need to be corrected.
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#22 User is offline   MINI 

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Posted 25 January 2010 - 09:27 PM

Doople

From what i read put up by Magna, the Judge has said enough, such as "less than honest about his fitness" etc etc!!

These are quotes, it would be reckless of the write to quote a Judge and not put exactly what he has said.

Finnito, Think of the 720 other poor things put off for less!!

Mini
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#23 User is offline   jocko 

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Posted 26 January 2010 - 08:23 AM

Less than honest about his fitness? For fucks sake Mini he has been examined by his GP every 90 days. No doubt the specialists back him 100% or the money would not be going in the bank every week.
This pathetic load of shit was brought about because he was scabbed on by an arsehole and ACC hoped like fuck it was going to have a big fraud case to highlight the need for its current illegal and draconian actions otherwise it would have not spent its huge resources to bring 36 fraud charges that were thrown out. With that statement the judge is trying an attempt at justifying what turned out to be a complete crock of shit. Everyone of us is now open to the same charges and "potentially less than honest about our fitness" but we have no worries about charges being laid, thousands in legal bills, and 200 hours community work. Why?
because our neighbours are friendly.
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#24 User is offline   Huggy 

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Posted 26 January 2010 - 08:31 AM

What amuses me even more is he was in the hospital having surgery on his back the same day his first day of depositions were to commence.

Evidence shows this man has an injury what more can you say.

I know ACC uses missing information on the ARC18's to charge people, and ironically in most cases as in Mr Gibson's ACC has the information elsewhere on the file. Its not as though ACC didnt know about what he was doing but more ACC spat the dummy because it wasnt on a med cert. I can assure you there are many hundreds or even possibly thousands who dont know exactly what has to go onto a med cert.

For fucks sake ACC, in another case a man was charged not only because he was seen changing a lightbulb at his house but also because he cooked a christmas roast dinner. What has this world come to, does ACC expect us to put on every single thing we do onto a med cert??????

Perhaps its time ACC used levy payers money in educating Gp's and claimants exactly what they want on the certificate. It could be as simple as when a person goes to get a med cert that a flyer from ACC is given by the Gp to the claimant spelling out what and what isnt required.

Come on ACC there are so many people who are genuinely unaware of what is and what isnt required.
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#25 User is offline   hukildaspida 

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Posted 29 January 2010 - 05:17 PM

View Postmagnacarta, on Jan 25 2010, 04:05 PM, said:

Here is another media version today of this same story above which Huggy posted.

The Judge say that it is important when dealing with ACC and taxpayers funds that people were fully honest.

The IPRC Act provides for a punitive penalty on the claimant - but does not provide a penalty for ACC when it is not "fully honest".

That law is inconsistent with the right to be free from discrimination contained in the NZ Bill of Rights Act - In other words the law allows a claimant to be penalised if they are not "fully honest" with ACC but does not allow for ACC to be penalised when it is not "fully honest" with the claimant.

In my view that is a case for the Human Rights Review Tribunal seeking a declaration of inconsistency in an enactment (the IPRC Act)

Similarly, with the law in the IPRC Act where a claimant's appeal can be struck out if it is not prosecuted with due diligence but does not allow for ACC to be struck out if it does not prosecute its appeal with due diligence.

That is also inconsistent with the right to be free from discrimination in the NZ Bill of Rights Act.

Furthermore, that situation is not equality before the law.
ACC cheat escapes prison
By EMMA DANGERFIELD - The Marlborough Express LastA Kaikoura man who was filmed doing manual labour while claiming Accident Compensation Corporation (ACC) payments for a back injury has escaped a jail sentence.

Michael James Gibson, 53, appeared in the Kaikoura District Court on Friday and was sentenced to 200 hours of community service.

Gibson was the subject of a long-running ACC investigation in which video footage was obtained of him lifting boulders, cutting hedges and launching his boat.

Gibson had pleaded guilty to six charges of making statements he knew to be false to ACC when receiving or continuing to receive payments and entitlements. The charges each carried a maximum sentence of three months in prison, or an alternative fine of $5000.

Gibson's lawyer, Paul McMenamie, said Gibson continued to receive ACC payments and remained entitled to them.

"This is not a case where a person is not demonstrably entitled to a benefit," he said. "Because he remains entitled it is hard for ACC to quantify an amount, therefore the only inference the court can draw is that on the face of it, Mr Gibson has been entitled to the funds."

Due to the ongoing case he said Gibson's accommodation business had fallen down. He had suffered greatly in the community, with which he was having difficulty coping, had been "pilloried" by the media and borne the embarrassment of publicity in the national press and on television.

Judge Gary MacAskill said whatever the opinion of media and the public, the fact was he had made statements which were wrong and therefore broke the law.

Each of the six charges could carry a term of imprisonment, which indicated the seriousness of the offending. It would also be very difficult to determine if or when Gibson would have been able to return to work had he been honest.

"While you were entitled to ACC payments throughout, records suggest you were rather fitter than you might have suggested."

In sentencing Gibson to 200 hours community work on each charge to run concurrently, Judge MacAskill said the crown's approach had been correct and it was important when dealing with ACC and taxpayers funds that people were fully honest.

Gibson said after the ruling he was pleased the nightmare was finally over.

"ACC is meant to rehabilitate people, but instead they have dragged me through the mud because the medical certificates from the doctor were filled in the wrong way. What a waste of time and money."


Emma Dangerfield is involved with this Bed & Breakfast in Kaikoura

http://www.room-with...-kaikoura.co.nz
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