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News (Media Awareness Project) - New Zealand: Stripsearch Washes Away Smiles
Title:New Zealand: Stripsearch Washes Away Smiles
Published On:2001-07-25
Source:New Zealand Herald (New Zealand)
Fetched On:2008-01-25 12:51:38
STRIPSEARCH WASHES AWAY SMILES

Waikato University students Rayna Fahey and Kelly Tudhope were
arrested and strip-searched for drawing a smiley face in chalk on a
city footpath.

Refusing an offer of diversion, they went to court - and yesterday
the charges were dropped. Now they want an apology from the police.

The pair were caught drawing the face and a peace symbol, with the
words "Happy J-Day," in Hamilton's Garden Place in May.

They were arrested, charged with wilful damage and taken to the
police cells, where they were strip-searched and held for four hours.

In the Hamilton District Court yesterday, police withdrew the charges
and a request for $50 for waterblasting the chalk off the concrete.

"That's just unbelievable because it was washed off by rain," said Ms
Fahey, aged 22.

At the time of the incident, the pair were celebrating J-Day, aimed
at legalising cannabis. The event was cancelled because of rain and
held a month later - with the council's blessing to draw with chalk
on the pavement.

Ms Fahey was discharged without conviction for possessing a small
amount of cannabis and both rejected police diversion on the
wilful-damage charge.

"Even now the police will not admit they were wrong," said Ms Tudhope, 21.

"They have told us this is a warning - what for, we don't know - but
what we want is an apology."

Police say the pair were "closely searched" because one admitted to
possessing cannabis.

The women intend to complain to the Police Complaints Authority.

The Hamilton police area controller, Inspector Malcolm Burgess, said
that after reviewing the case he had ordered that the charges be
dropped, but he believed the arresting officers had acted properly at
the time.

If the authority found an apology was appropriate, he said, "I will
be at the front of the queue."
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