The Remote Ignition theory had been destroyed by the PC evidence, relating to the absence of a PRINT COMMAND, discovered due to Jorgensen introducing a falsified document which led to establishing that Chris had a solid alibi.
The prosecution barrister agreed that without Remote Ignition there was no case against Chris. The evidence was based entirely on PC records, it is not disputable, there was no REMOTE IGNITION involved in causing the fire and he was 400Km away.
It had previously been established that there was no evidence at all in the fire scene to link Chris to the fire.
The prosecution did not appeal, it was a rock solid case, the evidence would be identical in the Civil Court – there was no connection between Chris and the fire and there was NO other evidence except for circumstantial stuff produced by IAG in an attempt to incriminate him but most would not stand any scrutiny. It was all irrelevant since with no opportunity it didn’t matter what they thought was critical evidence they couldn’t link him to the fire.
Chris therefore had a perfect ALIBI,
he had no opportunity to cause the fire!
Chris was acquitted of the Arson charges and told the blackmail charges would fall way since Judge Heath had linked the two cases.
IAG were faced with a major issue here, Chris had been arrested on 17 April 2012, over three years early and days before IAG had to file a defence against Andrew Hooker’s High Court case for repudiation that had been sidestepped due to Chris’s arrest for arson. Now it had been shown that there was never any real evidence against him and left them open to accusations of ‘Conspiring to bring false accusation.’
What they did next is utterly incredible!
Unable to accept that Chris had a perfect ALIBI having no opportunity to cause the fire based on the records from the recovered PC hard drive IAG performed an action more expected by DOCTOR WHO than an insurance company!
They created an ALTERNATIVE REALITY, just ignored the fact that Chris had been acquitted of the Arson charges and had a perfect alibi that would apply equally well in any court, Criminal or Civil.
In this new reality, the Arson charges were WITHDRAWN by the NZ Police!
How they used this DECEPTION is amazing, firstly they sidestepped the legal link between the Arson case and the Blackmail case. That case should have been dismissed as detailed on the Blackmail page by Judge Paul Heath within days of Chris’s acquittal but in some almost magical way, the alternate reality was accepted by the High Court as what actually happened.
It was reported in the Northern Advocate newspaper on 6 June 2016:-
And in a another article, they printed a more elaborate version : –
It sounds quite impossible but in 2017, Justice Moore gave a ruling in another hearing where Chris and Alison applied to get back the rights to the legal cases and the insurance claims.
In Justice Moore’s Judgment he stated: –
Here Justice Moore in Paragraph 44 above, quotes the alternate reality in his Judgement.
He goes on to state that Chris, on balance of probability caused the fire ignoring the evidence revealed in the hearing he referred to in his paragraph 43 above which established the Chris had no opportunity to cause the fire, that evidence based on PC records would apply equally in the Civil Court to the Criminal one.
He had been seriously misled by evidence presented to him on behalf of IAG by Brad Cuff and Peter Leman of DLA Piper lawyers.
They would later use the Judgement of Justice Moore based on the alternate reality to attempt to close the claims of Chris against IAG on 26 May 2017.
It is incredible what you can do as lawyers in New Zealand when you are happy to mislead a High Court Judge in such a barefaced way!
IAG continue to rely on Chris causing the fire by REMOTE IGNITION as detailed in the letters of 3 May 2013 and 22 June 2013 even when the Court based on evidence of their own Computer Expert had proved that it never happened!