“Ministry of Health versus Irene Chain” - Judge refuses to consider Irene’s Notice of Repudiation.
In sentencing Irene, the Judge this afternoon refused in any way to deviate from the conclusions she had already reached. She hardly made reference to the Notice of Repudiation that Irene had submitted and kept things to the pre-written script. All that was said was that, “The court acknowlddges Irene’s sense of grievance.” And the prosecuting attorney referred to what Irene had filed by speaking of her “pseudo-legal” and “anti-authoritarian” views”.
Irene had already been found guilty on all five charges, and the judge stated that the only thing necessary was to decide what Irene’s sentence should be.
In the end, no fine was imposed - a minimum sentence but attempts to keep things away from the areas that Irene is demanding be looked into in a trial that has been demonstrably riddled with errors.
Irene today offered emails sent to Jane Birdsall, the one leading the team from the Ministry in prosecuting Irene, showing that one of the women Irene had been treating stated in writing that Irene had made it clear when she saw her that she was no longer a practising midwife. Jane Birdsall had withheld this email from the trial, and, of course, it is proof that Irene was not breaking any law when giving this woman advice. Yet despite this, the judge continued to state that Irene was guilty of practising under false pretences, and some ridiculous debate took place with the prosecution concerning whether she was a danger to the public and did the sentence need to be a deterrent to stop her from continuing to practise.
The result was disappointing, but not unexpected. Irene will, of course, not stop here, and her consultant Tracy spoke after the trial about launching an appeal to the Supreme Court. The judge, no doubt aware of what is likely to take place, looked extremely uncomfortable.
More than three times, Irene asked the judge if she was “under oath”, and the judge simply would not answer.
It is likely that by the time this case does make it to the Supreme Courth there will have been some very big changes to the legal system. Time will tell if those who have committed fraud and perjury - and the judge herself who would not consider the evidence that Irene had submitted - will get away scott-frree. They may be feeling relieved tonight, but this case has revealed many things and is a significant chapter in the story of the NZ people taking back their rights from a corrupt legal system.