SPCS

SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

Judge says “It’s important that people understand that the trade in pornography must be stopped…”

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A Hamilton judge has labelled a man’s collection of “extreme” sex videos the worst he has encountered in his 37-year legal career.

So bad was the “disgusting” collection – which featured torture, bondage, bestiality and child rape, Judge Robert Spear said a deterrent message had to be sent to others that may follow David Robert Miles‘ “curiosity”, and sentenced him to 13 months’ jail.

“The videos portrayed what might loosely be described as pornography at its most gross level. It involved sex offending involving very young children; it involved bestiality and torture.

“I have to tell you that with some 37 years of appearing or presiding over criminal courts and having to deal with cases of this nature, this is without question the most disgusting material that I have ever had to deal with. [Read more…]

NZ’s single biggest fraudster struck off NZ Institute of Accountants Register

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NEW ZEALAND’S single biggest fraudster is no longer a member of the New Zealand Institute of Chartered Accountants, which found it “difficult to imagine more serious offending” than his.

David Robert Gilmour Ross, whose company Ross Asset Management, fleeced at least 700 investors, was jailed last November for 10 years and 10 months for running a fraudulent scheme in which investors lost about $115 million.

At a NZICA disciplinary tribunal hearing last week he was charged with being convicted of offences punishable by imprisonment or fine that reflected on his fitness to practice accountancy and brought the profession into disrepute.

A decision released by the professional body yesterday ordered that Ross be removed from the institute’s register of members.

He was not represented and entered no plea at the hearing.

The tribunal found “it difficult to imagine more serious professional misconduct than this”, which was reflected in Ross’ sentence, it said.

Ross had admitted running a Ponzi scheme that he disguised by falsely reporting clients’ investments.

Despite the severity of the charges, the tribunal ordered no monetary penalty as it would dilute funds available to investors.

Ross was ordered to pay full costs of $7200 to the institute for the expense of the hearing.

It also ordered full publicity and said Ross had 14 days to appeal against the decision

Source: Accountants turf out disgraced Ross

Reported by Hamish McNicol

The Dominion Post. Friday 25 April 2014. P. B7.

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Background to story see earlier postings by SPCS:

INTERIM SUSPENSION OF DAVID ROSS’ MEMBERSHIP OF NZICA ANNOUNCED 16 January 2013

Wellington’s David Ross, at the centre of the collapse of a suspected Ponzi scheme involving about $450 million, was stripped of his membership of the Institute of Chartered Accountants (ICA), but it was only an “interim suspension”. David Robert Gilmour Ross lost his institute membership after a hearing held in secret in the middle of December 2013. The “interim suspension” was announced by the ICA disciplinary tribunal on 16 January 2013.

Published 17/01/13

David Ross stripped of Institute of Accountants (ICA) membership

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Published 17/11/12

Ross Asset Management case – involving a suspected Ponzi scheme – raises audit question

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Published 13/12/12

Securities Commissioner told of Ross Asset Management Ponzi scheme concerns but took no action

SPCS approved as member of Transparency International (New Zealand)

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The Society for Promotion of Community Standards Inc. (“SPCS”) has been approved bronze level membership status in Transparency International (New Zealand) Inc. (TINZ) – the recognised New Zealand representative of Transparency International, the global civil society organisation against corruption. SPCS was approved “bronze level”, along with other new members (including the Earthquake Commission), at the TINZ Annual General Meeting held at Archives New Zealand on the 19th of November, 2013. A number of SPCS officers were present at the well-attended event which was preceded by a Special General Meeting to ratify updated TINZ Rules and then followed by several speakers. These included former NZ Governor-General Dame Silvia Cartwright, Labour MP Andrew Little and Minister of Justice Hon. Judith Collins.

See: http://www.transparency.org.nz/2013/Annual-General-Meeting-2013.htm

TINZ is a member of Transparency International, the international organisation leading the movement to eradicate corruption and bribery wherever they occur. SPCS fully supports the activities of TINZ: “Actively promoting the highest levels of transparency, accountability, integrity and public participation in government and civil society in NZ, the Pacific Islands and the world”. See: http://www.transparency.org.nz/

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Full marks to Fairfax Media ! – On-line Dave Henderson v. liquidator story headline amended

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Fairfax Media have amended their on-line story on the liquidator appointed by the IRD and the twice bankrupt property developer David Ian Henderson and given appropriate prominence to the correction. The false headline "Liquidator fined for ' buffoon' comment" [emphasis added] has now been amended to "Liquidator to pay for 'buffoon' comment [Emphasis added]. Fairfax now affirms that The Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants (NZICA) did NOT impose a fine on liquidator Robert Bruce Walker after ruling that he had breached professional standards (recognised by the NZICA Professional Conduct Committee (PCC) to have been at the lower end of 'offending'). Walker strongly denied the charges before the Tribunal, via his lawyer, and was required in its ruling, as Fairfax now helpfully point out - to pay "costs", and this is NOT a "fine".  

It is gratifying to see that some parts of the community have a sense of decency, evidenced by Fairfax Media making the online change (update) to the story promptly, correcting the error - which if had not done, could have opened it up to potential defamation. It is a shame that this prompt and principled response is not always the case among other institutions, and persons responsible for online stories. Among the latter, ethical qualities and standards are often sadly, even shockingly lacking.

Certain so-called "administrators" and "owners" of scurrilous websites who maliciously propagate defamatory falsehoods, knowingly, need to 'lift their game', to put it mildly, and recognise that once a falsehood has been formally notified to them, its defamatory nature identified by a complainant, and a formal request made for its removal, it must be removed. If it is not, this opens thoseresponsible for the website to potential defamation proceedings from the complainant. Courting defamation proceedings by, for example, accusing a person on-line of being a serial tax evader, and/or of parading fake degrees on a CV etc., and/or holding directorships of fictional companies or organisations etc, without providing any evidence; is the mark of a true coward, and a moral bankrupt. [Read more...]

Dave Henderson properties – Liquidator NOT “fined” for buffoon comment or any breach of “professional standards”

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Professional Standards – What are they? Key players: David Ian Henderson (bankrupt Christchurch Property Developer) and his business associate Ian Bruce Hyndman and their hired licenced private investigator, Wayne Idour; Robert Bruce Walker (the appointed liquidator of Henderson’s failed companies), Hamish McNicol , Fairfax Media reporter, and the New Zealand Institute of Chartered Accountants’ Disciplinary Tribuna and Professional Conduct Committee.

A Fairfax Media report by Hamish McNicol, published at 15:25 on Thursday 17 April 2014, was headlined “Liquidator fined for buffoon comment” [Emphasis added]. It commenced:

A liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation has been found guilty and ordered to pay costs of $18,165. [Emphasis added]

Liquidator fined for ‘buffoon’ comment | Stuff.co.nz

www.stuff.co.nz/business/industries/…/Liquidator–fined-for-buffoon–comm…
5 days ago – A liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation
 Timaru Herald – ?Apr 16, 2014?
A liquidator who referred to South Island property developer Dave Henderson as a “little b*****d” and a “buffoon” in a telephone conversation has been found guilty and fined. Robert Walker had also detailed his personal battle with Henderson in official …

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This Stuff News headline is not only wrong, it is defamatory. The online editor later changed the headline to

“Liquidator to pay for ‘buffoon’ comment” [Emphasis added].

Source: http://www.stuff.co.nz/business/industries/9954565/Liquidator-fined-for-buffoon-comment

Why the change and was the revised headline true or false? [Read more…]