When it comes to antisemitism, politicians in Australia are often quick to jump on the claim without waiting for evidence.

With notable and laudable exceptions like the Greens and independents such as Tasmanian federal MP Andrew Wilkie, it seems any allegation will do when it comes to the opportunity to imply Arab Australians, the Muslim community and Palestinian supporters are trying to destroy the lives of the Jewish community.

A case in point. The discovery in January this year of a caravan found in Dural, New South Wales, filled with explosives and a note that referenced the Great Synagogue in Sydney led to a frenzy of clearly uninformed and dangerous rhetoric from politicians and the media about an imminent terrorist attack targeting the Jewish community.

It was nothing of the sort as we now know with the revelation by police that this was a “fabricated terrorist plot”.

As the ABC reported on March 10: “Police have said an explosives-laden caravan discovered in January at Dural in Sydney’s north-west was a ‘fake terrorism plot’ with ties to organised crime”, and that “the Australian Federal Police said they were confident this was a ‘fabricated terrorist plot’,” adding the belief was held “very early on after the caravan was located”.

One would have thought the political and media class would know that it is critical in a society supposedly underpinned by the rule of law that police be allowed to get on with the job of investigating allegations without comment.

Particularly so in the hot-house atmosphere that exists in this nation today.

Opportunistic Dutton
But not the ever opportunistic and divisive federal opposition leader Peter Dutton.

After the Daily Telegraph reported the Dural caravan story on January 29,  Dutton was quick to say that this “was potentially the biggest terrorist attack in our country’s history”. To his credit, Prime Anthony Albanese said in response he does not “talk about operational matters for an ongoing investigation”.

Dutton’s language was clearly designed to whip up fear and hysteria among the Jewish community and to demonise Palestinian supporters.

He was not Robinson Crusoe sadly. New South Wales Premier Chris Minns told the media on January 29 that the Dural caravan discovery had the potential to have led to a “mass casualty event”.

The Zionist Federation of Australia, an organisation that is an unwavering supporter of Israel despite the horror that nation has inflicted on Gaza, was even more overblown in its claims.

It issued a statement that claimed: “This is undoubtedly the most severe threat to the Jewish community in Australia to date. The plot, if executed, would likely have resulted in the worst terrorist attack on Australian soil.”

Note the word “undoubtedly”.

Uncritical Israeli claims
Then there was another uncritical Israel barracker, Sky News’ Sharri Markson, who claimed; “To think perpetrators would have potentially targeted a museum commemorating the Holocaust — a time when six million Jews were killed — is truly horrifying.”

And naturally, Jilian Segal, the highly partisan so-called “Antisemitism Envoy” said the discovery of the caravan was a “chilling reminder that the same hatred that led to the murder of millions of Jews during the Holocaust still exists today”.

In short, the response to the Dural caravan incident was simply an exercise in jumping on the antisemitism issue without any regard to the consequences for our community, including the fear it spread among Jewish Australians and the further demonising of the Arab Australian community.

No circumspection. No leadership. No insistence that the matter had not been investigated fully.

As the only Jewish organisation that represents humanity, the Jewish Council of Australia, said in a statement from its director Sarah Schwartz on March 10 the “statement from the AFP [Australian Federal Police] should prompt reflection from every politician, journalist and community leader who has sought to manipulate and weaponise fears within the Jewish community.

‘Irresponsible and dangerous’
“The attempt to link these events to the support of Palestinians — whether at protests, universities, conferences or writers’ festivals — has been irresponsible and dangerous.” Truth in spades.

And ask yourself this question. Let’s say the Dural caravan contained notes about mosques and Arab Australian community centres. Would the media, politicians and others have whipped up the same level of hysteria and divisive rhetoric?

The answer is no.

One assumes Dutton, Segal, the Zionist Federation and others who frothed at the mouth in January will now offer a collective mea culpa. Sadly, they won’t because there will be no demands to do so.

The damage to our legal system has been done because political opportunism and milking antisemitism for political ends comes first for those who should know better.

Greg Barns SC is national criminal justice spokesperson for the Australian Lawyers Alliance. This article was first published by Pearls and Irritations social policy journal and is republished with permission.

Article by AsiaPacificReport.nz

Unprecedented levels of disinformation will only get worse this election in Aotearoa New Zealand, but systems set up to deal with it during the pandemic have all been shut down, Disinformation Project researcher Dr Sanjana Hattotuwa has warned.

He says the levels of vitriol and conspiratorial discourse this past week or two are worse than anything he has seen during the past two years of the pandemic — including during the Parliament protest — but he is not aware of any public work to counteract it.

“There is no policy, there’s no framework, there’s no real regulatory mechanism, there’s no best practice, and there’s no legal oversight,” Dr Hattotuwa told RNZ News.

He says urgent action should be taken, and could include legislation, community-based initiatives, or a stronger focus on the recommendations of the 15 March 2019 mosque attacks inquiry.

Highest levels of disinformation, conspiratorialism seen yet
Dr Hattotuwa said details of the project’s analysis of violence and content from the past week — centred on the visit by British activist Posie Parker — were so confronting he could not share it.

“I don’t want to alarm listeners, but I think that the Disinformation Project — with evidence and in a sober reflection and analysis of what we are looking at — the honest assessment is not something that I can quite share, because the BSA (Broadcasting Standards Authority) guidelines won’t allow it.

“The fear is very much … particularly speaking as a Sri Lankan who has come from and studied for doctoral research offline consequences of online harm, that I’m seeing now in Aotearoa New Zealand what I studied and I thought I had left behind back in Sri Lanka.”

The new levels of vitriol were unlike anything seen since the project’s daily study began in 2021, and included a rise in targeting of politicians specifically by far-right and neo-Nazi groups, he said.

But — as the SIS noted in its latest report this week — the lines were becoming increasingly blurred between those more ideologically motivated groups, and the newer ones using disinformation and targeting authorities and government.

“You know, distinction without a difference,” he said. “The Disinformation Project is not in the business of looking at the far right and neo-Nazis — that’s a specialised domain that we don’t consider ourselves to be experts in — what we do is to look at disinformation.

“Now to find that you have neo-Nazis, the far-right, anti-semitic signatures — content, presentations and engagement — that colours that discourse is profoundly worrying because you would want to have a really clear distinction.

No Telegram ‘guardrail’
“There is no guardrail on Telegram against any of this, it’s one click away. And so there’s a whole range of worries and concerns we have … because we can’t easily delineate anymore between what would have earlier been very easy categorisation.”

Green Party co-leader Marama Davidson said she had been subjected to increasing levels of abuse in recent weeks with a particular far-right flavour.

“The online stuff is particularly worrying but no matter who it’s directed towards we’ve got to remember that can also branch out into actual violence if we don’t keep a handle on it,” she said.

“Strong community connection in real life is what holds off the far-right extremism that we’ve seen around the world … we also want the election to be run where every politician takes responsibility for a humane election dialogue that focuses on the issues, that doesn’t drum up extra hate towards any other politician or any other candidate.”

Limited protection as election nears
Dr Hattotuwa said it was particularly worrying considering the lack of tools in New Zealand to deal with disinformation and conspiratorialism.

“Every institutional mechanism and framework that was established during the pandemic to deal with disinformation has now been dissolved. There is nothing that I know in the public domain of what the government is doing with regards to disinformation,” Dr Hattotuwa said.

“The government is on the backfoot in an election year — I can understand in terms of realpolitik, but there is no investment.”

He believed the problem would only get worse as the election neared.

“The anger, the antagonism is driven by a distrust in government that is going to be instrumentalised to ever greater degrees in the future, around public consultative processing, referenda and electoral moments.

“The worry and the fear is, as has been noted by the Green Party, that the election campaigning is not going to be like anything that the country has ever experienced … that there will be offline consequences because of the online instigation and incitement.

“It’s really going to give pause to, I hope, the way that parties consider their campaign. Because the worry is — in a high trust society in New Zealand — you kind of have the expectation that you can go out and meet the constituency … I know that many others are thinking that this is now not something that you can take for granted.”

Possible countermeasures
Dr Hattotuwa said countermeasures could include legislation, security-sector reform, community-based action, or a stronger focus on implementing the recommendations of the Royal Commission of Inquiry (RCOI) into the terrorist attack on Christchurch mosques.

“There are a lot of recommendations in the RCOI that, you know, are being just cosmetically dealt with. And there are a lot of things that are not even on the government’s radar. So there’s a whole spectrum of issues there that I think really call for meaningful conversations and investment where it’s needed.”

National’s campaign chair Chris Bishop said the party did not have any specific campaign preparations under way in relation to disinformation, but would be willing to work with the government on measures to counteract it.

“If the goverment thinks we should be taking them then we’d be happy to sit down and have a conversation about it,” he said.

“Obviously we condemn violent rhetoric and very sadly MPs and candidates in the past few years have been subject to more of that including threats made to their physical wellbeing and we condemn that and we want to try to avoid that as much as possible.”

Labour’s campaign chair Megan Woods did not respond to requests for comment.

Ardern’s rhetoric not translating to policy
Former Prime Minister Jacinda Ardern spoke during her valedictory farewell speech in Parliament on Wednesday about the loss of the ability to “engage in good robust debates and land on our respective positions relatively respectfully”.

“While there were a myriad of reasons, one was because so much of the information swirling around was false. I could physically see how entrenched it was for some people.”

Ardern is set to take up an unpaid role at the Christchurch Call, which was set up after the terror attacks and has a focus on targeting online proliferation of dis- and mis-information and the spread of hateful rhetoric.

Dr Hattotuwa said Ardern had led the world in her own rhetoric around the problem, but real action now needed to be taken.

“Let me be very clear, PM Ardern was a global leader in articulating the harm that disinformation has on democracy — at NATO, at Harvard, and then at the UN last year. There has been no translation into policy around that which she articulated publicly, so I think that needs to occur.

“I mean, when people say that they’re going to go and vent their frustration it might mean with a placard, it might mean with a gun.”

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

Unprecedented levels of disinformation will only get worse this election, but systems set up to deal with it during the pandemic have all been shut down, Disinformation Project researcher Sanjana Hattotuwa has warned.https://t.co/LUVAbALjGD

— RNZ (@radionz) April 8, 2023

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

Prime Minister Jacinda Ardern says the final New Zealand Defence Force evacuation flight from Afghanistan landed back in the United Arab Emirates last night, before the bomb attacks killing at least 12 US soldiers and 60 Afghans at Hamid Karzai International Airport.

One hundred people, including New Zealanders and Australians, were on the flight. It is not yet clear how many of those people are destined for New Zealand.

So far, 276 New Zealand nationals and permanent residents, their families, and other visa holders have been evacuated.

There were no New Zealand Defence Force personnel in Kabul and no New Zealand evacuees at the airport at the time of the explosions.

Ardern described the attacks as “appalling” and said the country’s thoughts were with all of those in Afghanistan who had been killed or injured.

“We strongly condemn what is a despicable attack on many innocent families and individuals who were simply seeking safety from the incredibly difficult and fragile situation in Afghanistan,” she said in a statement.

The Ministry of Foreign Affairs and Trade remained in close contact with New Zealand citizens and permanent residents in Afghanistan who had previously registered on SafeTravel or otherwise made contact.

‘High threat of terrorist attack’
Yesterday, all those known to have been in Afghanistan were advised by MFAT of the “ongoing and very high threat of terrorist attack” and warned not to go to Hamid Karzai International Airport and to leave the airport if they were nearby.

At this stage, there have been no requests for assistance from New Zealanders or other visa holders in Afghanistan related to the explosion. MFAT are trying to contact all those known to be in the region.

Ardern said the situation at Kabul’s airport had been so difficult for both people trying to get out, and those undertaking the evacuations that there would be no more flights into the city.

Over the course of the mission, the NZDF aircraft was able to undertake three flights out of Kabul and had successfully brought out hundreds of evacuees who are destined for both New Zealand and Australia.

Australia also brought out a number of those destined for New Zealand.

Defence Minister Peeni Henare said as well as those who have already arrived in the country, more people eligible for relocation are in transit. Some are being processed at bases outside Afghanistan, so it is still too early to know the total numbers of people who will be returned to Aotearoa, he said.

Ardern said those who remained were in an incredibly difficult position.

Afghanistan situation “complex, fragile”
“The situation in Afghanistan is incredibly complex and fragile and continues to change rapidly. Our next job is to consider what can be done for those who remain in Afghanistan still. That will not be a quick or easy task,” she said.

She also praised those Defence Force personnel who undertook the mission.

“I want to thank our Defence Force personnel who have worked hard to bring those in need home, by establishing a presence on the ground both at the airport in Kabul, and in the United Arab Emirates alongside other government agencies.”

She also thanked New Zealand’s partners, especially Australia, the US and the United Arab Emirates.

It has not yet been confirmed when NZDF personnel and the C-130 aircraft will arrive back in New Zealand.

Fiji evacuations
ABC’s Pacific Beat reports that five Fijian workers have been evacuated from Afghanistan after the Taliban took control of the country, three being flown to Kazhakstan.

One Fiji security contractor said a humanitarian crisis is looming with major challenges ahead for the country.

It is believed about five others had chosen to stay in Afghanistan for the time being.

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

Article by AsiaPacificReport.nz

There is no death penalty in New Zealand, unlike the United States. But Christchurch terrorist Brenton Tarrant, due for sentencing this week, will be going to jail for a very long time.

A minimum of 17 years is required for a murder committed as part of a terrorist act, and Tarrant has admitted to 51 such murders (among other crimes).

Also unlike the US, New Zealand does not allow cumulative sentences on indeterminate sentences (such as life imprisonment). But it does allow for the imposition of what could become an indeterminate sentence with no minimum parole period.

READ MORE: Will life mean life when the Christchurch mosque killer is sentenced?

To lock Tarrant up in perpetuity will be very expensive. He is currently costing just over NZ$4,930 a day due to the extra levels of security, considerably more than the average of about $338 for a standard prisoner.

The next two years alone will cost New Zealand taxpayers about $3.6 million. The final sum for the 28-year-old terrorist will depend on how long he lives and the ongoing level of security he requires. If he has a normal life span the cost may be in the tens of millions per decade.

Should he stay or go?
In the minds of many, the costs and hassle of incarcerating Tarrant will be an acceptable price to pay. Foreign citizen or not, there is a symbolic and ethical responsibility for us to keep the rat we caught.

New Zealanders old enough to remember are still jaundiced from the last time we caught terrorists, the French secret agents Dominque Prieur and Alain Mafart who were directly linked to the bombing of the Rainbow Warrior in 1985.

The two were handed back to France as part of a reconciliation deal. But the French government quickly broke the terms of agreement, repatriating the prisoners from their detention on the South Pacific atoll of Hao to a normal life in France.

Another such act of bad faith is unlikely, as Tarrant has no government in his corner arguing for his repatriation. He does, however, have a government behind him that has implemented specific legislation to obtain the transfer of its own citizens when incarcerated in foreign countries, to serve their sentences on home soil.

This is not unusual legislation. Although there is no overarching international law, regional and bilateral initiatives are common. Australia’s International Transfer of Prisoners Act, for example, aims to facilitate the transfer of prisoners between Australia and countries with which it has agreements.

Prisoners can serve their prison sentences in their country of nationality or in countries with which they have community ties. There are strong economic, social and humanitarian reasons for this approach.

The deportation of ex-prisoners will increase
Here is the catch. New Zealand has no such relationship with Australia. Unlike most comparable countries, we have little interest in the international transfer of prisoners, preferring to take a hard line when it comes to Kiwis in foreign jails.

Partly because of this, since 2014 Australia has allowed non-citizens to have their visas cancelled on character grounds, including having been sentenced to prison for more than 12 months.

So, although New Zealand prisoners in Australian jails may not be transferred to serve their sentences at home, they will be deported at the end of their sentences.

From early 2015 to mid-2018, about 1,300 New Zealander ex-prisoners had been deported from Australia. After a brief interlude due to covid-19, the deportations resumed.

It is no exaggeration to say this policy (and the cruel standards by which it is applied) are a significant irritant between the two countries.

If it doesn’t change it’s likely to get worse, too. As of mid-2019, New Zealand prisoners made up 3 percent of the total Australian prisoner population (43,028) – about 1,100 people.

Conversely, there were only about 35 Australians in our jails, out of about 320 foreigners in New Zealand’s much smaller prison population (9,324 as of March, 2019).

Time for new deal on expat prisoners
Somewhere in the middle of this darkness there is a glimmer of hope – the chance of a deal and a better relationship between the two countries.

Sign a prisoner transfer agreement. Exchange Tarrant and make him serve out his sentence in Australia, as ruled by the New Zealand judicial system.

Revise the rules for the deportation of New Zealanders who have committed crimes in Australia but been resident for a long time. Move the threshold for deportation from one to three years in prison and make it reciprocal.

Thereafter, recent arrivals in either country who commit serious crimes (such as Brenton Tarrant) are transferred home to serve their time in accordance with their sentences.

Do this and we might start to move forward.

Dr Alexander Gillespie is professor of law, at the University of Waikato. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Article by AsiaPacificReport.nz

FIRST PERSON: By Katie Todd, of RNZ News, reporting outside the High Court in Christchurch

The latest chapter in the court proceedings of the accused mosque gunman played out in cold, misty weather in Christchurch today.

Reporters and camera crews from around the world lined Lichfield Street from 6.30am, with all eyes and lenses on the High Court, situated on the Justice Precinct’s fourth floor.

Today was the third appearance of Brenton Tarrant, who today pleaded not guilty to all 92 charges against him, including murder, attempted murder and one terrorism charge.

READ MORE: Accused gunman appearing in court

As his 9.15am court appearance approached, so too did a steady trickle of people from the Muslim community – some arriving alone and others in clusters, clasping each other’s hands.

Some bore physical wounds visible in limps and crutches, while others displayed their emotional wounds in shirts printed with the names of their deceased loved ones.

Anneke Smith was at court in Christchurch today and filed this report. Video: RNZ News

Shutters clicked as the gunman’s lawyers, Shane Tait and Jonathan Hudson, dragged suitcases of court documents through entrance A1.

At 9.56am, texts came through that the hearing was over and that he had entered not guilty pleas to all charges.

Frustration and pain
Then came expressions of frustration and pain from the Muslim community, some of whom had just seen their first glimpse of the man, albeit via video-link.

Didar Hossain, who lost his uncle in the attacks, concluded today had been a “difficult day”.

“I was totally heartbroken,” he said of hearing the not guilty pleas.

Pain turned to anger during a brief scuffle, when a man shouting race-related comments approached shooting survivor Mustafa Boztas and mosque “hero” Abdul Aziz.

The man was swiftly apprehended by Corrections staff and police officers, leaving shocked bystanders in his wake.

But Temal Atacocugu, who was shot nine times in the March 15 attacks, fronted media with a message of strength and solidarity.

“He is the loser and we are the winner,” he said.

“We are innocent people but we are strong. We are New Zealand and we are strong.”

Lichfield Street is expected to play host to the crowds again in August, when the accused will appear for a case review hearing.

His trial is due to start on May 4 next year.

• This article is published under the Pacific Media Centre’s content partnership with Radio New Zealand.
• Mosque massacre stories

Article by AsiaPacificReport.nz