Christopher John HLAVAC
Partner at Young Hunter Lawyers
Employed by IAG to mastermind their AVOIDANCE of paying our claims.
These guys are classic ‘GRUNTS’ dumb troops sent to the front line to fire the weapons and they behaved exactly like that.
When Jorgensen was put in the witness stand, he realised the gravity of his position. He knew he would be exposed as a bare faced liar and as is his way in all his testimony, he wanted to find a way out. On 15 April 2013 in his testimony to the Pre Trial hearing he stated the following in a conversation with Judge Macdonald.
Here, he was discussing the ignition theory, really a little confused because printing the emails that came in was actually the HACKING model which had been discarded but at the end he tries to do the school boy, ‘It wasn’t me Sir!’ excuse for his barefaced lies.
He blames the ‘INSURANCE ORGANISATION’ who were asking him to categorically state that this was the method used to start the fire.
The investigators were not acting independently, they were being controlled by the INSURANCE ORGANISATION!
I think we can show that the person controlling them was Chris Hlavac either directly or through his office.
I will now list the actions of Hlavac in this case, he is a fundamental part of the whole event.
It isn’t clear when exactly Hlavac was appointed by IAG to handle our fire, it is quite possible that it was just a normal event, one of the fires he was asked to oversee
What is clear is that he appointed, first, Fletcher and later Joseph and Jorgensen to investigate the event. They all reported directly back to him, they addressed their reports to him as seen below.
All the reports are the same, this is Jorgensen’s, note it is addressed to Hlavac with reference IAG529.
I suspect that when Fletcher reported back to Hlavac about my state of health, at that time it triggered the option qualifying this fire as suitable for claims avoidance procedures.
Hlavac may have the power to authorise these actions without requiring permission directly from IAG, this would give IAG deniable responsibility if in a situation like we have now, the s**t hits the fan!
Once the decision was made to avoid the claim, Hlavac gave different instructions to the investigators, the first three days Joseph spent at the scene seemed to be done sensibly, the report was seriously doctored later and all the time spent at the scene after this looks like it was just looking for ‘false’ evidence situations that could be used to deny the claims. Accelerant pooling and trails, burn patterns, the laptop and finally the finding of the printer remains all were falsified to create a case against me that was totally fictional.
The ‘Delay’ stage was easy, Hlavac just kept saying the investigation was continuing, we had no knowledge of the intruders and we couldn’t really do anything. I doubt Halavac thought I would survive at all in these circumstances, I didn’t think I would at the time but the one thing that helped us was that we moved off the contaminated land and our natural body defences were given a chance to partially heal our bodies.
Months passed, our lawyer Andrew Hooker started to chase IAG for progress and the investigators really had nothing! We had been 400Km away, there was no physical evidence of any ignition device and no way to tie me to the fire from that distance.
Then a miracle happened, in late November the Scientific Press carried stories about remotely controlled PRINTERS causing fires! Bingo, they had a method of remote ignition and they started to fabricate the evidence to make it look that I had used this method to start the fire.
Andrew Hooker filed the case for repudiation of the claims by IAG in the High Court setting a deadline. There was no defence, Hlavac couldn’t commit details to paper since if we found evidence to disprove it IAG would lose massively in the Courts.
Hlavac had another problem, in their stupidity Fletcher and Joseph had cleared the fire scene down to bare concrete, destroying the evidence of their actions but also opening a defence to me under the Bill of Rights, my right to inspect the source of the evidence had been destroyed intentionally by the investigators, I would quickly walk!
He had been liaising with ASB about the site ever since the fire, he probably pushed them to move against my refusal to clear the site totally so ASB could auction off the land. A firm of Contractors, Site WorX of Kerikeri finally stripped the whole fire scene down to the bare earth, the job was invoiced on 16 April 2012, the day the job was completed.
On the 17 April 2011, DC Bill Dawson arrested me for Arson.
Hlavac had made a complaint to the Police about my ‘actions’. There was no real evidence – this is Malicious Prosecution leading to Wrongful Arrest.
It was all looking so easy at that time for Hlavac, he could get the civil case stayed on the basis that I had been arrested for arson. The claim could be denied on the same point and they could do a simple deal, drop the arson charges if we dropped any further action on the claims. I would hopefully just crawl away and die in a corner, in utter poverty!
Sadly, they underestimated me, they hadn’t checked out my background and they hadn’t really done a careful enough preparation of the case against me.
You can read about the Police interview here and what happened when I shot their HACKING theory out of the sky, it was dumb particularly when HP had done the same to the initial ‘Printers causing Fires’ publicity only a day after it was released. I hadn’t seen it but it was obvious that my ink jet printers couldn’t be made to burst into flames without applying a blowtorch to them!
Hlavac had a problem, I had left the Thames Police station with all the disclosure and it was all about an ignition method that would be thrown out at the first hearing, Hooker would dispute the stay on the civil case and he still couldn’t find a defense.
Desperate needs require desperate deeds! In some way, the disclosure files where intercepted at Hamilton Police Station. It is likely that DC Dawson was sent there early the next day, his name was all over them, he was the case officer so he would need to be involved.
I arrived and asked for the files, they had been lost. I created a fuss, wanted to see a senior officer and eventually was given a few documents and the disks of images by the Fire Service and DS Bindon. I suspect Dawson was still there sorting out what they could give me to stop me making a serious complaint against the Police. He obviously didn’t know how explosive the images he released to me were.
The HACKING theory was dead but they had to produce something that replaced it or release me and face the civil case – they hadn’t got a lot of time, the Court system is slow but the rules on disclosure can only be pushed so far and the replacement had to be somewhat compatible to details disclosed in the Police interview.
On 3 May 2012, Hlavac wrote to Andrew Hooker declining the claim.
This is the first mention of the TRIGGER ignition system.
The change from HACKING to TRIGGER required dramatic rewrites of the investigators reports, the originals particularly the big Computer Forensics Report by Jorgensen were full of references to hacking, hacking tools and similar, it was a big report, over 27 pages long!
The Police interview would have to be carefully edited, the Master disks were needed so the time overlay could be seamlessly applied to the finished video. It is unlikely that IAG did this, the Police have these skills and in fact would openly edit the video taken following my arrest for Blackmail to remove a section with inadmissible evidence in it before it was shown to the Jury.
A big problem here was that removing frames from the video shortens it leaving the times mentioned in the normal process of recording a video incorrect, I remember endless references to Dawson leaving the room at ‘time’ reentering the room at ‘time’, changing the CD when it was full and ending the interview as you have all sen on Crime programs on the TV and films but no times are mentioned in the edited video apart from the start time.
Hlavac is not a computer expert, he relied on Jorgensen and he is far from an expert in reality. The whole TRIGGER theory was a mess.
This is Perverting the Course of Justice and accessory to Perjury.
I’d pointed out the lack of a PRINT Command in Jorgensen’s activity sheet at my first meeting to discuss the case with my criminal lawyer, Catherine CULL.
You would have expected a PRINT command or related file load to the spooler near the bottom of this page but there was nothing. We requested further disclosure from Dawson, the images in particular taken by the investigators, the video mentioned in the interview, the rest of the witness images but these and many other requests were ignored.
The next issue for Hlavac was a challenge to the admissibility of the evidence of the investigators, a pre trial date was set for April 2013. Some of the images taken by Joseph were disclosed just weeks prior to the hearing, about 500 images in all but several series of images were missing from the sequences.
The images revealed just how much of the case against me was falsified, almost everything relating to the TRIGGER theory was false. The printer was never in the library debris at low level, the point of origin was not found, the printer had been moved onto a pile of debris that had not been present until after 8 November and the images of the rocks on top of the debris on the balcony showed that intruders were at the fire scene in the early stages of the fire!
The Pre trial was a farce, Judge MacDonald accepted everything Joseph and Dawson said no matter how ridiculous it was. Jorgensen sweated like a pig the whole time he was giving testimony, he lied continuously thinking he was immune since there was nobody to challenge his technobabble and the Judge swallowed it all!
The hearing was adjourned, Joseph had to run away, supposedly to another case. Judge stated he wanted to resume with as little delay as possible, a date in June was mentioned to the clerk.
I looked at the images disclosed by Joseph, they contradicted much of his testimony. this was beyond belief, the case against me was entirely fabricated, it was easy to see but nobody would listen. Catherine was paid by Legal Aid, the time she had to look at the stuff I sent here was so small she couldn’t even read it. The Judges just accepted everything said my the investigators who remarkably appeared as impartial ‘Expert Witnesses’
I decided to file a new civil case in the High Court based on repudiation and falsification of the evidence.
A technical legal battle was then launched by Hlavac who knew I was not a legally experienced person.
Email from Hlavac – papers not correctly served – shown to be incorrect.
Email from Hlavac – Asking for Notice of First Case Management Conference which I had not included! Again shown to be incorrect!
Email from Hlavac – asking for initial disclosure – not strictly required at that stage but a full and detailed list of documents was supplied within the hour, almost all generated by the IAG investigators and the Court.
Now, Hlavac is a senior partner in a leading law firm, are we to believe he did not know exactly what papers are required to serve a High Court case?
On 2 May 2013 I send the Outline of the Case and Settlement offer to IAG
Email from Hlavac – requesting a transcript of the Pre trial – a few emails exchanged on this, excerpts were sent by email and a full photocopy sent by snail mail.
Three weeks later I get 8 long and complex emails, with applications, memoranda etc etc from Hlavac to me, Andrew Hooker and the Court. Andrew Hooker is the solicitor of record so I cannot discontinue, Andrew agrees to quit.
Hlavac wanted costs, he made a costs application. I eventually got them rolled over to the new case, CIVIL 2 a ruling that is ignored by IAG who still protest that I haven’t paid the costs and the later case fizzled out with no costs application in any event.
Further emails from Hlavac continue for the next few days.
On 29 May 2013 I file Further and Better particulars to the Court. Note that the F&B particulars are the webpages which form the threatened disclosure! I discovered later that the Court had not filed these, I had omitted the Fees Waiver and the previous one had expired by a couple of days, they emailed me about it but circumstances generated by IAG overtook my ability to sort out the issue. I did serve a copy of the document to to Hlavac and Morgan, solicitor for ASB by email.
Hlavac needed to find a way to remove his need to file a defence, he had to stop me knowing that I would make a Summary Judgement application due to the lack of a defence, he starts to badger the Court with 3 emails chasing the Stay application hearing. At some point in all this he applied for an INTERIM stay, his time was running out. The most interesting email being his final one.
Thank you for that, which addresses the substantive stay application. However as you are aware I have filed a memorandum seeking an interim stay until the substantive application is able to be heard. That has been opposed by the Plaintiffs, who have indicated that they expect a defence (as well as initial disclosure) to be filed within the prescribed time frame.
For the reasons set out in my memorandum seeking an interim stay, the Defendants wish to ensure that no steps are taken to seek judgment by default, through failure to file a defence. Can you please clarify the Courts position regarding this.
Hlavac’s options had run out! There was NO Possible defence!
Early the next morning, I was arrested for Blackmail by DC Dawson, no defence to the civil case was ever filed, the case was stayed without opposition since I was unable to attend, get emails or prepare documents whilst on REMAND due to these charges.
Hlavac had made a complaint to the NZ Police, specifically DC Dawson. He had tried every trick he could to stop the case progressing but with the Court not bowing to his incessant emails he had little choice.
Another case of Malicious Prosecution and Wrongful Arrest.
The disclosure that he claimed I threatened was the website copy of the Further and Better particulars as detailed to Hlavac by email. I assumed this was in the public domain once filed with the Court and served on the other parties, everything included there had been disclosed in detail on the blog in the previous months in any case, this was just a better organised edition of the same information. Threatening to disclose OLD news can hardly be blackmail but Hlavac has tame Police officers at his beck and call.
I was taken to Whangarei Police Station, interviewed once more by Dawson who wouldn’t listen to a word I said. I was then subjected to a viscous assault, kicked and beaten up by several officers for almost three hours before being taken to the hospital.
The Police officers there claimed I was faking being ill and had resisted arrest causing me to be bruised from head to bleeding toes.
The whole matter went to a Pre-trial for a judge to decide if the Settlement offer was Blackmail. On 14 May 2014 Justice Wylie issued his Reserved decision, in which he dismissed the Section 347 application and gave a momentous ruling, the Settlement Offer was Blackmail IF I had committed the arson on the property. Several of the top Judges in New Zealand accepted this and the corollary, I was NOT guilty of Blackmail if I had not committed arson. They wanted to combine the cases but both the District and High Courts didn’t wish to give up on this one!
Somebody, Hlavac? got another Judge to look at this and get the previous ruling overturned – IAG certainly has a grip on the legal system!
After the acquittal for the Arson charges on 1 May 2016 I was party to a conversation between Justice MacDonald, the Crown barrister and my barrister Catherine Cull. They all agreed that the Blackmail charges fell away after the acquittal but those charges were in the High Court unlike the District Court where I was acquitted of Arson so they couldn’t be dealt with by this hearing. I was told I would have to wait a few days for the High Court to sort it out.
Stupidly, I wrote to IAG on the 3 May, politely pointing out that I had been acquitted of the Arson charges and that in the final hearing, Mr Jorgensen had introduced evidence that showed the printer at the house had not printed anything on the day of the fire 9 September 2011. The printer printing was a vital part of the theory of ignition and mentioned in the letter from IAG declining the claim.
This was, as usual with letters from Hlavac, a very strange letter. There is no requirement for an insurance claim to be resolved in the Civil Courts, IAG was once again just saying we are not going to pay and giving no reason. The claims in the letter declining the claims, below, had been shown to be incorrect, I had not started the fire and was cleared of the Arson charges, the printer had not printed at all on the day of the fire.
No evidence existed that connected me to setting the fire and loads of actual evidence showed the real cause, the Intruders!
Life got much worse after the exchange of emails with IAG, I was arrested! I hadn’t realised, that in the circumstances, the bail conditions relating to contacting IAG were still in effect.
Hlavac had complained that I had breached the bail conditions and this caused the arrest! My contact had been polite and I believe perfectly justified after my acquittal but Hlavac saw the opportunity to silence me and took it without hesitation.
I was refused bail and thrown into SERCO Prison in Mt Eden, Auckland, once again the Prison Officers couldn’t understand why, it was, in their experience, almost unheard of for such a minor event.
Things went from bad to worse, I heard from my lawyer Catherine Cull that a new Judge had reviewed the papers and ruled that the Settlement Offer was in their opinion blackmail and I should be tried on the charges.
I never found out how this worked, so many top Judges had agreed that the two cases were linked and then a new Judge comes up with this ruling, I do not know who got the new Judge involved, the Crown lawyer had agreed with Judge MacDonald that the blackmail case would fall away after the Arson acquittal. IAG can clearly influence the Courts!
The Crown made an application to allow the UK conviction record created by DC Dawson to be used as evidence, the Police had failed to get any response from the UK Police and still did not disclose the document (above) stating I had no UK convictions that I had supplied to NZ Immigration and been shown at my arrest in altered form with a FRAUD watermark inserted in NZ.
The Judge wouldn’t be moved, the evidence was not supported, stating that newspaper articles are often highly misleading and nothing official had been received from the UK Police confirming my conviction.
The evidence was inadmissible but I was kept on remand for the 6 weeks until the trial, which was to be in Whangarei.
The trial was predictable, it took two attempts to get a Jury.
Dawson lied wildly, he waved a massive pile of papers in front of the jury, the print out of the blog which he claimed was the threatened disclosure. This had not been disclosed to the Defence, had it been we could have pointed out the pages contained comments dating back to 2012 showing the ‘Disclosure’ was old news and posed no threat to IAG.
The prosecution called IAG Lawyer Hlavac who was vitriolic, I was the devil incarnate according to him, the Settlement Offer was a clear threat and the demands way above anything that could ever had been paid on the policies.
The Judge asked if IAG didn’t get loads of disgruntled policy holder threatening to reveal all if IAG didn’t pay them. Hlavac said it wasn’t uncommon. So, asked the Judge, do you call the Police in all these cases or do you just deal with them, normal customer relations?
Hlavac admitted this was the case but my complaints were far reaching and more serious so they had called the Police. The Judge frowned but didn’t press the point.
The Crown case ended, Catherine said the defence was not calling any witnesses, the Jury looked incredulous. I was happy to defend myself even with the UK history but Catherine said that it was always better not to put the defendant on the stand if possible.
Both sides summed up, the Crown case was confusing, IAG had declined the policies and I tried to Blackmail them to make them pay. Catherine was concise, there was no case, I had every right to ask for payment, I had been cleared of the Arson charges showing I had every right to do so, that was all that I had done.
The Judge in her summing up stressed there was no negative influence to be drawn by me not testifying to the Court. Her summing up was fair as required under the law but again the defence case seemed clear and easier to understand.
A few minutes after lunch the Jury returned, Dawson was sitting at the back of the Court, the Judge went through the preliminaries and asked the Jury foreman if they had reached a verdict.
The Hippy woman confirmed they had, she glared at me as she almost spat out,
with enormous pleasure on her face.
The Judge looked shocked, Dawson looked relieved, after a couple of seconds pause the Judge regained her composure and thanked the Jury. The hippy woman foreman and two other woman that I recognised had also been on the first jury remained and the rest left.
Catherine recommended that we did nothing until the sentencing, she thought the whole verdict was extremely odd but said that the Jury system isn’t perfect, apparently she too had suspicions about the jury.
The sentencing hearing came around, IAG attended in force, they sent their Legal Council, who gave evidence stating the severity of the case deserved a long jail sentence. I had caused grave distress to the investigators and tried to blacken their reputations.
The Judge was, once again, quite scathing of him, asking if this shouldn’t have been handled by their customer relations department without the Police involvement. He wisely, nodded and didn’t argue.
The Crown barrister also pushed the IAG line, I had caused massive distress and in his opinion the appropriate sentence was at least 3 years in prison.
Again the totally fictional UK convictions, were included in her calculation and the sentence increased by 3 months due to their existence.
In the end, I got a dressing down saying that I had committed the crime due to my poor business acumen, the property development business had failed and being in dire financial trouble I tried to force IAG to meet extortionate claims!
I sat silent, biting my tongue, I had never heard such utter rubbish, her statements were, once again, unsupported and not based on any evidence produced in any Court whatsoever. Catherine said Home Detention was an easy thing to live with and it would be foolish to challenge it or the verdict.
I just got on with it, then Jon Pasene of NZ Immigration contacted us telling us we were being considered for Deportation due to my UK Convictions which did not exist!
I asked for some documents and got back an interesting letter stating they had already released the documents to my lawyer, Kevin Byrne.
I’d never heard of him so asked why they had released confidential documents to this man, I got the following reply.
So IAG were also involved in getting us deported but who was Kevin Byrne, I easily discovered that he was another Ex policeman working as a private investigator with Maurice Fletcher. He, of course, had investigated our fire after being appointed by Hlavac.
Which ever way I turned in this case Hlavac was there! He was the kingpin of the actions to avoid paying the claims. He orchestrated everything and was backed at all times by IAG.
Events last week, detailed here, show he is still doing the dirty jobs for them to this date.