In this week’s security podcast, Dr Paul G. Buchanan and host Selwyn Manning discuss:

• three areas that have been relied on to protect New Zealanders from terror-style attacks;
• legal measures designed to protect communities from danger and even protect individuals from themselves;
• and why they failed.

The background to this episode is the tragic, terrifying, attack that were committed against unarmed innocent people at West Auckland’s LynnMall Countdown supermarket, by Ahamed Aathill Mohamed Samsudeen.

The attack occurred last Friday, 3 September 2021. It ended with the hospitalisation of seven people, and, the death of Samsudeen, who was fatally shot by special tactics police officers during his attempt to kill and injure as many people as he could.

Immediately after, the Prime Minister Jacinda Ardern told the nation that the dead man was a terrorist and that she herself, the police, and the courts were all aware of how dangerous he was and had been seeking to protect New Zealand from this man.

Within days of the attacks, we learned, that Samsudeen was a troubled man with psychologists describing him as angry, capable of carrying out his threats, and displaying varying degrees of mental illness and disorder.

Refugee who sought asylum
Samsudeen was a refugee who sought asylum in New Zealand after experiencing, through his formative years civil war and ethnic cleansing in Sri Lanka, who, at around 20 years of age, arrived in New Zealand on a student visa and then sought political asylum.

He was eventually granted refugee status, and since then spent years in prison on various charges and convictions – largely involving the possession of terrorist propaganda seeded on the internet by Islamic State (ISIS), and, threats showing intent to commit terrorist acts against New Zealanders.

In this week’s episode, Dr Buchanan and Manning examine questions about whether this tragedy could have been prevented and considered New Zealand’s:

• Security and terror laws
• Deportation laws involving those with refugee status
• The Mental Health Act and whether this was available to the authorities.

Dr Buchanan and Manning also analyse whether it is necessary for the New Zealand government to move to tighten New Zealand’s terrorism security laws. And, if it does, how the intended new laws compare to other Five Eyes member countries.

Republished in partnership with EveningReport.nz

Article by AsiaPacificReport.nz

New Zealand’s Department of Corrections has revealed more details about the LynnMall terrorist’s violent behaviour while he was remanded in prison.

Thirty-two-year-old Ahamed Aathill Mohamed Samsudeen was shot dead by police after stabbing six people inside Countdown LynnMall in West Auckland.

He had spent almost three years on remand in prison and at the time of the attack had only been out for seven weeks.

He had been living at Masjid-e-Bilal in the Auckland suburb of Glen Eden.

The Department of Correction’s National Commissioner Rachel Leota said that while in prison Samsudeen was “non-compliant, with multiple incidents of threats and abuse toward staff”.

This included numerous times when he threw urine and faeces at staff as well as threatening violence and assaulting them.

In one instance at Mt Eden Prison, Corrections said he was unlocked for exercise but began arguing with staff and his behaviour escalated and he hit two officers.

Behaviour escalated again
“When being moved to the management unit his behaviour became escalated again, with threats made toward staff. He then assaulted staff again before force was used and he was secured in a cell in the management unit,” Leota said.

For his last year behind bars Samsudeen was moved to the maximum security Auckland Prison with oversight from the Persons of Extreme Risk Directorate.

This is the same unit set up to manage Christchurch mosque attacker Brenton Tarrant.

The directorate looks after offenders identified as presenting an extreme and ongoing risk of serious harm and/ or having the capability and intent to seriously threaten the safety of prisons and the community.

Because Corrections identified Samsudeen as having “potentially violent extremist views” it got advice from the Countering Violent Extremism forum as to how to best support and rehabilitate the prisoner.

“Attempts were made to provide him with mental health support while he was in prison, however, he refused to engage. He also refused to meet with a Corrections psychologist while in prison.”

The Countering Violent Extremism forum and Corrections then decided to contact the local Muslim community.

Did not engage
The department wanted him to meet with an imam and talk about his spiritual beliefs. This happened twice, but Corrections said he did not engage in a meaningful way.

Prior to Samsudeen’s release from prison the department, police and partner agencies created a plan to keep the community and staff safe from the extreme risk that his violent extremist ideology presented – this included where he might live on release.

The terrorist told Corrections he did not have family, friends or support people able to assist him and would require help, but that he had previously lived at a mosque, although was unwilling to consider it again.

Public housing was not available because of the current demand and Samsudeen eventually said he would consider a mosque.

Leota said Corrections met with police and the Masjid-e-Bilal manager who was told the context around his charges, his risk profile and the conditions he would have when released into the community.

The mosque’s manager told Corrections he would consider it, but wanted to meet Samsudeen first.

The pair met while he was in prison and the address was approved.

Regular communication
During the seven weeks Samsudeen was in the community, Corrections said it had regular communication with the manager at Masjid-e-Bilal and his lawyer.

The department had also started an application to the High Court for strengthened restrictions due to concerns about his escalating risk.

It also looked at charging him for the lack of engagement with both a private and Corrections psychologist, but was told it was not sufficient enough to be considered a breach of his conditions.

Leota said she was confident that Community Corrections staff were using every lawful avenue available to monitor, assess, mitigate, and manage his risk.

“He was a very, very difficult person to manage, and was increasingly openly hostile and abusive toward probation staff.

“Despite this, staff continued to work hard to engage him in his sentence, and attempt to have him participate in treatment and activities aimed at reducing his risk of violence, which he consistently refused.”

Leota said she believed Community Corrections’ contact with him exceeded the minimum level for someone subject to supervision and staff worked exceptionally hard to prevent the potential for serious harm to be caused by this person.

“They, and all of us, will always ask what more could have been done to prevent the horrific offending that occurred on Friday,” Leota said.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Name suppression for the man responsible for yesterday’s New Zealand terror attack at a west Auckland supermarket has been revoked, but his name cannot be published yet.

The High Court has given his family who live overseas at least 24 hours to seek further suppression orders.

The Sri Lankan national was shot dead by police after stabbing six people inside Countdown in LynnMall.

Suppression orders prevented details about his identity and background from being made public.

The government filed an urgent application last night to have the court orders lifted, so details about the man’s identity and background could be made public.

In a judgment last night, Justice Wylie said there was no longer any proper basis for the suppression orders.

But he said the man’s family live overseas and lawyers needed time to contact them to take instructions.

He said he could consider extending the 24-hour period if needed.

Isis propaganda
However, it can be revealed the man was sentenced in July to one year of supervision after he was found guilty by a jury in the High Court at Auckland of two charges of possessing Isis propaganda that promoted terrorism.

He was found guilty of another charge of failing to comply with a search, but he was acquitted of a third charge of possession of objectionable material and a charge of possessing a knife in a public place.

The state had sought to charge him under the Terrorism Suppression Act, but failed after a High Court judge ruled that planning a terror attack was not an offence under the law.

Because he had already spent three years in custody awaiting trial, he did not receive a further prison term for his offending.

Despite that, Prime Minister Jacinda Ardern said he had been under surveillance since 2016, because of his support for a violent ideology inspired by Islamic State.

The man was being so closely monitored by a surveillance and tactical team that police shot him within 60 seconds of the attack starting.

On the radar of authorities
He arrived in New Zealand in October 2011.

He first came to the attention of authorities in 2016, when police formally warned him about posting anti-Western, pro-Isis, extremist content on the internet.

The man had also at some point told a worshipper at an Auckland mosque that he wanted to go to Syria to fight for Isis.

In a July 2020 judgment, Justice Downs said in May 2017, he had booked a one-way flight to Singapore but was arrested at Auckland Airport.

When police searched his apartment, they found a large hunting knife under the mattress on the floor and secure digital cards containing fundamentalist material, including propaganda videos and photos of the man posing with a firearm.

He was remanded in custody and in June 2018, he pleaded guilty to distributing restricted publications. In August 2018, he was sentenced to supervision, Justice Downs’ 2020 judgment said.

But the day after his sentencing, he went and bought the same model of hunting knife that police had earlier found under his mattress.

Arrested again
He was arrested again and another search found a large he had a large amount of violent Isis material, including one video about how to kill “non-Muslims”.

This time, the state sought to charge the man under the Terrorism Suppression Act, for planning a terrorist act.

But Justice Downs said that in itself was not an offence under the law.

In his decision, Justice Downs said: “Terrorism is a great evil. ‘Lone wolf’ terrorist attacks with knives and other makeshift weapons, such as cars or trucks, are far from unheard of.

“Recent events in Christchurch demonstrate New Zealand should not be complacent. Some among us are prepared to use lethal violence for ideological, political or religious causes.

“The absence of an offence of planning or preparing a terrorist act … could be an Achilles heel.”

Justice Downs said it was not for the courts to create such an offence.

“The issue is for Parliament,” he said.

A copy of Justice Downs’ judgment was provided to the Attorney-General, the Solicitor-General and the Law Commission.

High Court trial
The man finally stood trial in the High Court at Auckland in May this year, on lesser charges.

A jury found him guilty of two charges of possessing Isis propaganda that promoted terrorism and one charge of failing to comply with a search.

He was acquitted of a third charge of possessing objectionable material and a charge of possessing a knife in a public place.

The man was sentenced in July.

In her sentencing notes, Justice Fitzgerald said the two publications on which he was found guilty were “nasheeds” – religious hymns.

Both were classified by the Censor as objectionable and contained Isis imagery and lyrics.

Justice Fitzgerald did not accept the explanation that he was listening to them to improve his Arabic language skills.

“Rather, I accept that the broader context to your possession of these nasheeds, which included a range of other materials relating to Isis or Isil, suggests that you have an operative interest in Isis.

“In other words, I do not accept that you might have simply stumbled across these and other Isis-related materials in your research of Islam or the historic Islamic State,” she said.

Report raised further flags
A pre-sentencing report raised further flags.

“The report writer suggests that you support the goals and methods of Isis,” Justice Fitzgerald said.

“The report writer concludes that the risk of you reoffending in a similar way to the present charges is high.

“It suggests that you have the means and motivation to commit violent acts in the community and, despite not having violently offended to date, as posing a very high risk of harm to others.”

Given he had already spent three years in custody awaiting trial, the man was sentenced to one-year supervision.

There were restrictions on his use of electronic devices, the internet and social media.

“The Police and Community Corrections clearly have concerns that you pose a not insignificant risk to the broader community,” Justice Fitzgerald said in her sentencing notes.

“I do not know whether those concerns are right and I sincerely hope that they are not, though having regard to all of the materials available to the court, I can say that they are not wholly fanciful.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

New Zealand Prime Minister Jacinda Ardern says an attack at Auckland’s New Lynn Countdown supermarket today was a terrorist attack carried out by a violent extremist.

The prime minister and Police Commissioner Andrew Coster addressed media after the man was shot dead at a west Auckland mall this afternoon.

It is understood six people – all shoppers at the mall – have been wounded in the incident at LynnMall in New Lynn.

A St John Ambulance spokesperson said three patients in a critical condition and one patient in a serious condition had been taken to Auckland City Hospital; one patient in a moderate condition had been taken to Waitakere hospital; and one patient in a moderate condition had been taken to Middlemore Hospital.

Ardern revealed the terrorist was a Sri Lankan national who had arrived in New Zealand in October 2011 and he became a person of national security interest from 2016.

The reasons he was known to agencies was subject to suppression orders, but Ardern said it was her view that it was in the public interest to share as much information as possible.

The prime minister did say the terrorist held a violent ideology inspired by the Islamic State, but it would be wrong to direct any frustration at anyone other than this individual.

Personally aware
She said she was personally aware of the terrorist before today’s attack.

Ardern said it was a senseless attack and she was sorry it had happened.

“What happened today was despicable. It was carried out by an individual.”

Ardern said the individual was under constant monitoring, and he was shot and killed within 60 seconds of the attack starting.

The police team who was monitoring shot and killed him.

Commissioner Coster said the man had been under heavy surveillance because of concerns about his ideology.

He had entered the store and obtained a knife from within the store before starting the attack.

When the man approached police with the knife he was shot and killed.

Surveillance teams ‘close’
Coster said the surveillance teams were “as close as they possibly could be without compromising the surveillance”.

“I acknowledge that this situation raises questions about whether police could have done more, whether police could have intervened more quickly. I’m satisfied based on the information available to me that the staff involved did not only what we expect they would do in this situation, but did it with great courage,” he said.

“The reality is, that when you are surveilling someone on a 24/7 basis, it is not possible to be immediately next to them at all times. The staff intervened as quickly as they could and they prevented further injury in what was a terrifying situation,” Coster said.

Ardern said all legal and surveillance power had been used to try to keep people safe from this individual.

“What I can say is that we have utilised every legal and surveillance power available to us to try and keep people safe from this individual. Many agencies and people were involved and all were motivated by the same thing – trying to keep people safe.”

Coster said there had been nothing that would tell police the extent of his intentions, or that he intended to do this today.

He said the individual was very surveillance-conscious, and surveillance teams needed to maintain a distance to be effective.

intervened ‘in 60 seconds’
“There was nothing to prevent him being in the community and we were doing absolutely everything possible to monitor him and indeed the fact that we were able to intervene so quickly — in roughly 60 seconds — shows just how closely we were watching him.”

Ardern said the local Muslim community had been “nothing but helpful and supportive. It would be wrong to direct any frustration to anyone beyond this individual. That is who is culpable, that is who is responsible — no one else”.

She said his past behaviour and action did not reach the threshold to have him in in prison, which was why he was being constantly monitored.

An eyewitness told RNZ she had seen a man running around armed with a knife and heard many people screaming.

Another shopper who was in the supermarket at the time heard someone scream before shoppers started running towards the door.

Heavily armed police and ambulances remain at the scene.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz