Pubdate: Wed, 25 Jul 2001
Source: New Zealand Herald (New Zealand)
Copyright: 2001 New Zealand Herald
Contact:  http://www.nzherald.co.nz/
Details: http://www.mapinc.org/media/300
Author: Patrick Gower

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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