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THE TRIAL of Kaiapoi man David
Clemence began on Monday in the
Christchurch High Court.
The owner of Clemence Drilling
denies 18 charges stemming from
an incident in April 2011. It is
alleged that he kidnapped two
thieves and assaulted them with
intent to injure. He is also charged
with assault with a weapon,
assault, and threatening to kill or
do grievous bodily harm.
One of the thieves, Matthew
Darryl Pender-McLean, who was
20 at the time, recounted the
He told of people arriving as he
and his friend were siphoning
diesel at a work site near the
river, and of being smashed to the
ground by a huge Samoan'', with
a blow that split his eye open, and
of punched and kicked on the
ground by Mr Clemence.
He said his friend, Carl Edward
Clark, 23, was kicked and
punched as well.
He said one of the group tele-
phoned someone named Dave'' to
say they had been caught.
They were blindfolded and had
their hands tied behind their
backs with cable ties, and were
taken to the riverbank and thrown
in the river face down.
He was holding his breath
thinking it was pretty much over''
when someone pulled him out.
Crown prosecutor Deidre
Orchard told the court that
Clemence had questioned the men
about earlier thefts of tools and
where the gear was.
Pender-McLean's evidence was
challenged by defence counsel
Chris McVeigh QC.
Pender-McLean denied defence
allegations that Clemence had not
assaulted him during the incident,
and denied that all he had done
was to tie his hands and take him
to the police station.
During cross-examination yes-
terday, the court was adjourned as
BRIEFING THE PM: From left, Waimakariri District Mayor David Ayers, Tim Freer, co-owner of the Farmers building,
Waimakariri MP Kate Wilkinson and the Prime Minister discuss the complex insurance issues delaying the
reopening of Farmers in Rangiora during the Prime Minister's visit to the town on Friday.
By CATE BROUGHTON
GOVERNMENT ACTION is
needed to prevent com-
munities being held to
ransom by insurance companies
who are dragging the chain'', says
the co-owner of the Farmers build-
ing in Rangiora.
Tim Freer made his views clear
when he met John Key to discuss
the protracted insurance claim
over the building during the
Prime Minister's visit to the North
Canterbury town on Friday.
It's ridiculous you can have a
claim languishing in the doldrums
after 500 days and we're still hag-
gling over various issues that
should have been sorted out
within three months.''
Mr Key told the Northern
Outlook 500 days was too long to
settle an insurance claim.
It's very difficult legally to
intervene in contracts between
private parties, but 500 days is too
long to be closed.''
Mr Freer said he told Mr Key he
was concerned about the impact
the store's closure was having on
the whole town.
I told the Prime Minister we're
obviously not at all happy about
what is going on and it makes life
The entire Rangiora com-
munity is effectively being
held to ransom because of the
entrenched position of one
Mr Freer wants to see legis-
lation to ensure legitimate
insurance claims are settled
within a specified timeframe.
The Farmers building was clo-
sed down in March last year when
it was deemed to be dangerous.
Slow response times from the
insurer and a disagreement
between engineering contractors
over the cause of the damage have
caused the delays, Mr Freer said.
Three engineering companies
have completed reports on the
building: Spiire on behalf of the
owners, Beca on behalf of Farmers
and Thornton-Tomasetti on behalf
of ACE Insurance.
However, while the reports pro-
duced by Spiire and Beca both
concluded the majority of the
damage was caused by the earth-
quakes, the Thornton-Tomasetti
report concluded the damage was
Mr Freer said at the last meet-
ing, the engineers were asked to
work together to reach an agree-
ment about a repair strategy.
That has been a problem, in
terms of the repair methodology,
because they have different views
and there have been different
When a repair strategy is
agreed on, costings will be carried
out and then an assessment on
whether a repair or rebuild will
be the most economically viable,
The insurer will then either
accept the claim and settle --
Mr Freer says he believes the
insurer should pay for the whole
cost, as his insurance cover is for a
Sport P4, 38, 3
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