July 22, 2010

Judge refuses jail time for threats to PM, officials

Fines totalling $20,000 imposed

Mark Stafford Feary, who changed his name and demanded a prison sentence for threats to the Prime Minister and government officials, has been fined $20,000.

He was found guilty at a Christchurch District Court jury last month when he told the jury if he was sent to jail he would go on a hunger strike – “I will not eat the corrupt Government’s food and I will not drink the corrupt Government’s water.”

But Judge Raoul Neave refused to make a martyr of the 53-year-old Oxford farmer and opted for a penalty which he said would hurt Feary the most. He asked about his financial means and Feary said they were “precarious”.

Since his convictions, Feary has changed his name to All Means All, a legal point he kept hammering during the trial where he denied 12 charges of threatening in emails or letters to cause grievous bodily harm, and two of sending faxes threatening to kill the Prime Minister. The faxes read: “It’s killing time.”

All Means All signs have gone up along Christchurch’s busiest roads, and he has posted pictures of his headstone to the crown prosecutor and the court.

The threats were made after a long running property dispute with successive governments, about the family farm at Oxford. When Judge Neave said Feary-All was engaging in “pointless and stupid disputes”, Feary-All called out in court: “Standing up for justice is stupid?”

He appeared in court in an All Means All t-shirt, and he set up a framed photograph of his family on the table in front of him. Judge Neave said: “Pictures of your family in a pretty frame, and a shirt which is taking the mickey are not going to impress.”

Feary-All then embarked on a rambling address to insist that if the threats were taken seriously – the the jury had decided they were – he should receive a substantial prison term. He questioned how the threats could have been regarded as serious if the police took eight days to arrest him.

Crown prosecutor Tim Mackenzie thwarted Feary’s demand for jail time by suggesting that a sentence such as a bond to keep the peace, or community work, or a fine could be imposed.

Feary-All said he would only do community work if he was given a full transcript of the trial. He has been given a copy of all the evidence but he wants the transcript of all the legal argument as well. This does not normally form part of a trial transcript.

Judge Neave said the man was thriving on all the attention.

“As far as I can tell, this person wants to be sent to prison to make a martyr of himself. I am satisfied he should not be allowed that luxury.”

He imposed $500 fines on the threats to cause grievous bodily harm, and $7000 fines for the threats to kill, a total of $20,000.

Feary-All could still get his wish for imprisonment. If he refuses to pay the fine, he may eventually be given community work in its place. If he then refuses to do the community work, a prison term is likely.