Private investigator objectors withdraw in protest

Two Dunedin private investigators seem likely to have their licences renewed after all 16 objectors to the renewals abruptly withdrew from a special hearing in Dunedin yesterday.

Ninety minutes into the second day of the hearing, the advocate for the objectors announced they had decided they could no longer get a fair hearing from the tribunal.

Earlier this year, the group lodged objections to the annual renewal of the private investigators licences of Mainland Information Consultants (MIC) and its directors, Peter Gibbons and Graeme Scott.

Objectors claimed they were intimidated and bullied by the men, who had also provided false information to the police, while they were contracted to ACC's fraud unit.

Yesterday, Michael Gibson told the registrar for private investigators and security guards, Gary Harrison, the objectors wanted to withdraw because they were concerned for the welfare of people still to give evidence if they were subjected to the same "aggressive and intimidating badgering" as the first objector, Bruce Van Essen, had experienced during cross-examination from MIC's counsel, Auckland defence lawyer Steve Bonnar.

They had also become aware ACC employees were in and around the courtroom, Mr Gibson said.

"The objectors do not want to go any further. They have no confidence because they are aware ACC is here and is playing a covert support role for Mainland Information Consultants . . . ACC is actively playing a part in subordinating them. That is their belief."

The objectors also had a "real fear" anything they said could be used against them by ACC in the future.

"They wish to withdraw from the proceedings because they have no confidence in them."

In response, Mr Bonnar variously described Mr Gibson's submission to withdraw as outrageous and ludicrous.

"I have never in 22 years as an advocate seen anyone suggest that persons may be around the courtroom in support of one of the parties, who could possibly influence a fair hearing.

"That statement is . . . bordering on the improper when it comes to the registrar's duties to conduct a fair hearing".

Earlier, Mr Bonnar challenged Mr Van Essen on several of his points of evidence, asking for names of people or written evidence that would substantiate several of his claims.

During an exchange which was at times volatile, Mr Van Essen repeatedly called Messrs Gibbons and Scott "bully boys" and "idiots", while Mr Bonnar responded by accusing Mr Van Essen of operating on "hearsay, gossip, innuendo and slander".

Mr Van Essen denied suggestions he had a personal vendetta against Mr Gibbons, and said he refused to give names of people who had given him information he relied on because he feared they could become "targets" of the private investigators.

Mr Harrison told Mr Gibson ACC employees, as members of the public, were entitled to sit in the body of the public court.

He indicated the likely outcome of a written decision to follow.

"I will reserve my decision, but it's plain with this turn of events, the only real course I have is to dismiss the objections, because no evidence has been given."

Outside the courtroom afterwards, Mr Gibson directly criticised Mr Harrison.

"The registrar couldn't maintain proper control. He allowed Mr Bonnar to run rampant over Mr Van Essen, despite my repeated attempts to stop it. Mr Van Essen was in tears during the break. It is simply not acceptable," he told the Otago Daily Times.

One of the six ACC "employees" listed in court by Mr Gibson as being in or around the court during the hearing, Wellington-based Trevor Morley, said, when contacted, he was not in Dunedin during any part of the hearing, nor did he work for ACC.

ACC spokesman Laurie Edwards said up to five ACC employees were present outside the courtroom yesterday because they were subpoenaed as witnesses.

An ACC media liaison person was present in the courtroom.

Mr Gibson said the objectors would continue to pursue justice.

They planned to make an official complaint to ACC minister Maryan Street.

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