Source: Radio New Zealand
Deputy Chief Coroner Brigitte Windley. Iain McGregor/The Press
The coronial inquiry into the Christchurch mosque attacks has been paused because of other court action.
Deputy Chief Coroner Brigitte Windley last week adjourned the second-phase inquiry, which is examining how white supremacist terrorist Brenton Tarrant came to obtain the guns used in the March 2019 massacres at Al Noor Mosque and Linwood Islamic Centre.
“I emphasise that I do not take this step lightly; I am acutely conscious of the impact of further delays both on Interested Parties and in optimising the preventative potential of this Inquiry,” her decision said.
“At the same time, the circumstances demand that I make every effort to ensure the integrity of the criminal appeal proceedings is not undermined by the work of this Inquiry. I continue to be committed to ensuring the timely progression of the Inquiry and will revisit this decision once the [judicial review] appeal has been determined.”
Windley had sought to call Brenton Tarrant as a witness in the second-phase inquest into the deaths of the 51 people killed 15 March 2019 terror attack.
However, some victims’ families were fighting that decision – first unsuccessfully to the High Court and now in the Court of Appeal.
The Court of Appeal was now weighing that appeal as well as a separate appeal by the terrorist against his convictions and sentence.
The 35-year-old Australian terrorist was serving a life sentence without parole but now wanted the Court of Appeal to overturn his convictions and sentence.
The terrorist claimed he was “forced” to plead guilty to 51 counts of murder, 40 of attempted murder and one of terrorism because he was irrational as a result of torturous and inhumane prison conditions.
Coroner Windley said the second-phase inquiry might create a risk of prejudice to the terrorist.
“Having regard to the risk of prejudice to Mr Tarrant and other jurisdictional challenges raised in the JR appeal in my view the interests of justice require, at least for now, the adjournment of the Second Phase of the Inquiry and inquest,” the coroner’s decision said.
The Court of Appeal heard submissions about the possibility of judicial review earlier this month.
Survivors and victims’ families made their objections to the terrorist being called as a witness heard throughout the second-phase inquest and sought judicial review at the High Court following the coroner’s ultimate decision to call him to face cross-examination.
Justice Jonathan Eaton dismissed the application in October.
Justice Jonathan Eaton. Stuff / Pool / Iain McGregor
Some of the victims’ families then appealed that decision to the Court of Appeal.
The notice of appeal claimed Justice Eaton had made several mistakes in dismissing the application for judicial review.
“The High Court erred in finding community abhorrence and the second respondent’s convictions were not proper considerations for a coroner when determining whether to call him as a witness for cross-examination at an inquest into the deaths of 51 people in relation to the 15 March 2019 Christchurch Masjidain Attack,” the notice said.
The victims’ families were appealing Justice Eaton’s entire decision.
The Court of Appeal heard the terrorist was a witness “like no other” and should not be allowed to give oral evidence at an inquest into his victims’ deaths.
Last month the court also heard the terrorist’s attempt to overturn his sentence and conviction.
The white supremacist left 51 people dead or dying in little over 15 minutes after taking an arsenal of semi-automatic rifles, shotguns and incendiary devices to the mosques as worshippers marked Jumu’ah – the most significant prayer of the Muslim week – and opening fire.
The terrorist initially pleaded not guilty in June 2019 to 51 counts of murder, 40 of attempted murder and one of committing terrorism.
The Court of Appeal heard he wavered in late July 2019 and prepared to plead guilty before again changing his mind only days later.
In March 2020 he formally pleaded guilty to all charges and was jailed for life without the possibility of parole in August 2020.
The terrorist had 20 working days to file an appeal against his conviction or sentence but the “out of time” application came years later.
The Court of Appeal was now considering if it would allow the terrorist’s appeal to proceed.
Both decisions have been reserved by the Court of Appeal.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
