3 Jul 2018

Couple targetted in 1080 investigation say faith in police destroyed

5:37 pm on 3 July 2018

A Golden Bay couple wrongly targeted in a 1080 investigation say their faith in police has been destroyed.

Rolf and Ute Kleine were wrongly targeted by police.

Rolf and Ute Kleine were wrongly targeted by police. Photo: RNZ / Supplied

Rolf and Ute Kleine said police paid them a settlement of $10,000 towards their legal costs over the time they spent as key suspects in the hunt for a 1080 blackmailer that began in 2014.

Auckland businessman Jeremy Kerr was eventually jailed for eight and-a-half years. He had sent anonymous letters to Fonterra and Federated Farmers, in the hope the government would ban 1080.

Caught up in the inquiry, the Kleine's home and computers were searched.

Mr Kleine told RNZ they were relieved it was over, even though they did not feel justice had been done.

He said it had cost them more financially and emotionally, than the amount of the settlement.

"When I see a policeman, when I see a police car ... that's not the same feeling as it used to be.

"We don't feel it's safe because they cloned our computers and did a lot of surveillance on us."

Police assistant commissioner Richard Chambers said the settlement offer to the Kleines included an expression of regret, but there was no admission of liability and no damages have been paid.

He said police had previously apologised directly to the couple for any distress caused.

"It is quite normal for persons of interest to be eliminated from an inquiry as an investigation progresses," he said in a statement.

"That is what occurred with this couple, and every other person considered with the exception of the one individual who was charged, convicted and imprisoned.

"We have consistently stated that we would not discuss reasons why specific individuals became of interest to the investigation, and that position still stands," Mr Chambers said.

Police said 60 "significant persons of interest were identified", and more than 2600 people considered in the investigation.

Former minister Nick Smith.

Former minister Nick Smith. Photo: RNZ / Tracy Neal

RNZ reported in 2015 that several in the Golden Bay area were questioned, including Mr Kleine and environmental scientist and anti-1080 activist, Rebecca Reider.

The Kleines were visited several times by an undercover police officer and were questioned by detectives.

They hired Nelson lawyer Steven Zindel when they found out their home had been searched and a lawsuit was filed seeking $165,000 in damages.

Nelson MP Nick Smith, who was Minister for the Environment at the time of the inquiry, went to see the Kleines after Kerr was sentenced.

Dr Smith had in the past received death threats over the 1080 debate which warranted police protection for a time. He said his approach was based solely on the fact the Kleines had been through a tough time.

"They were clearly distressed by what had occurred," he said.

"They felt violated, and they felt particularly awful that anyone thought them capable of poisoning children, and I wanted to show them some personal compassion by dropping them off some flowers and a card."

Dr Smith said while he and the Kleines held different views on 1080, they were entitled to hold an opinion on it.

"I felt bad for them over what had occurred."

Mr Kleine said Dr Smith pointed out that any further legal action would likely be a long, difficult fight but never told them not to sue the police.

"He told us it was not good we'd got caught up in this, and that he was sorry for us, but he made clear that the government and the police had done everything right.

"He gave us a few hints around comparable cases and suggested it would be difficult to win."

Mr Kleine said they did not look upon it as either good or bad advice, but were put off pursuing further legal action.

Dr Smith said he had constituents who had tried legal action against the police in the past, and who had been unsuccessful.

"I encouraged them to take good legal advice and I'm pleased they've reached a settlement because it has been disruptive to their lives and they're now able to get on and put this behind them."

Mr Kleine said he had not thought such a thing would have been possible when they moved to New Zealand a decade ago.

"You watch these things in movies and read about it and know it can happen other places, but you don't expect it here."

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