July 4th Special
sent by a reader in the US [edited by TEAA]
Brazenly Anti-American kiwi judge denies former U.S. champion boardsailor right to appeal injury claim case
Evil Chief Justice Sian Elias (and her two sidekicks John McGrath and William Wilson) sitting at New Zealand Supreme Court dismissed former US champion boardsailor Kimberly Birkenfeld the right to appeal her case for injury compensation.
The Anti American Chief Justice Sian Elias (center) seen in this undated photo flanked by her “cousins” Nathan Guy MP, and John Key PM. [Source NZNationalParty via flickr. Some rights reserved. flickr.com/photos/nznationalparty/3637356002/]
Birkenfeld suffered severe brain and spinal injuries in 2002 when she was hit by a Yachting New Zealand-owned motorboat driven by a rival team’s captain, the [scumbag] kiwi, Bruce Kendall, in Greece. She now needs a wheelchair to go even short distances and has difficulty speaking.
Kimberly Birkenfeld THEN! She had it all at 37. An MBA from Harvard, a successful consulting business, the No. 1 ranking among women windsurfers on the U.S. Sailing Team. All the reasons why others would have been determined to take it all away from her. [http://www.yachtracing.com/PressReleases/thelog-080803.htm]
The Supreme Court dismissed her latest application to have her case reheard, yesterday. She has now had her appeals rejected by New Zealand’s anti-American court in 2006, 2007, 2008 and 2009.
She had sought $15 million in damages, though the court had capped “the amount of funds payable to” about US$250,000. Yachting NZ had denied liability for the incident.
Birkenfeld was ordered by the truly evil Chief Justice Sian Elias to pay $2500 in costs to Yachting New Zealand.
Kimberly Birkenfeld NOW! In New Zealand Court of Appeal, The Anti American Chief Justice Sian Elias threw out all of Kimberly Birkenfeld’s grounds for appeal and ordered her to pay the legal costs of Bruce Kendall and Yachting NZ. [Photo: PHIL REID/The Dominion Post. Image may be subject to copyright.]
“In the Court of Appeal in 2008, Birkenfeld had argued that the offer only dealt with quantum damages, not Kendall’s alleged negligence.
“She also argued that the High Court had failed to make a discovery of documents order which was a fundamental failure of due process.
“She asked for the case to be returned to the High Court for such discovery to be ordered.
“She also wanted a court order that stayed proceedings disregarded because she had no means to provide $50,000 security.” A report said.
In 2008, the Court of Appeal rejected all Birkenfeld’s grounds for appeal and again ordered her to pay the legal costs to Yachting New Zealand, which prompted her to appeal to the Supreme Court.
She argued the Court of Appeal had ignored the issues she raised, “failed to give its reasons and denied her equal access to justice, making no allowance for her disability.”
The kangaroo Supreme Court said they were not “persuaded that the hearing in the Court of Appeal was unfair to her.”
The writer notes that had the victim been a Jewish Israeli the New Zealand Court would have gone out of its way to maximize injury compensation and award punitive damages, too!
BRUCE KENDALL: The Olympic boardsailing gold medalist drove over Kimberly Birkenfeld in Yachting New Zealand motorboat. Photo: Photosport. Image may be subject to copyright.
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Did the Olympics instill a sense of fair play in Bruce Kendall?
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Was he playing fair when he drove the boat over his team’s main rival?
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Did he intend to incapacitate Birkenfeld on behalf of Team New Zealand, or for other personal reasons?
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Did he hate the victim’s guts because Birkenfeld was an American, a female, and a successful woman who was involved with someone else instead of HIM?
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Did/does he suffer from “pakeha pete Syndrome?”
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