2007 New Zealand Anti-terror Raids - Arrests and Following Court Cases

Arrests and Following Court Cases

Seventeen people were arrested in the raids, including Maori activist Tame Iti, his nephews Rawiri Iti and Maraki Teepa, Aucklander Jamie Lockett, and Radical youth activist Omar Hamed. Within a month all were granted bail. Others included Rongomai Pero Pero Bailey of Taranaki, who was charged with four firearms offences (all later dismissed by a judge for insufficient evidence); a 53-year-old man arrested in Palmerston North and bailed on health grounds; Marama Mayrick, who faces five firearms charges; and Ira Timothy Bailey, the brother of Rongomai Bailey. Of the 17 arrested, 16 are facing firearms charges while one is facing a cannabis charge. Police also attempted to lay charges against 12 people under the Terrorism Suppression act but the Solicitor General declined to prosecute for charges under the act.

Fifteen of the accused had their cases heard in the Auckland district court on 1 November with the remaining two cases being heard the following day. As a result of the first hearing Ira Bailey was granted bail and Jamie Lockett was given leave to apply for home detention. Name suppression was also lifted on another three of the arrested; Emily Bailey, Moana Hemi Winitana and Valerie Morse. Morse is a well-known Wellington anarchist activist who in June 2007 published the book Against Freedom: The war on terrorism in everyday New Zealand life. The book contains the passage "It is clear that political dissent is now more perilous and more treacherous than before 11 September. Given the new counter- terrorism laws, the possibility of being not only labelled a terrorist in the media, but prosecuted as one, is a reality. By casting political dissent as terrorism, the government, its agencies, the media, and other vested interests assault our freedom of expression" All were scheduled to have their next hearing on 3 December, though after the Solicitor General's decision not to lay terrorism charges, there were bail hearings on 9 November resulting in Valerie Morse, Emily Bailey, Omar Hamed, Tame Iti and another man who had name suppression being granted bail. The last four of those arrested were also granted bail after a court appearance on 12 November.

When the cases were heard a large crowd had gathered both inside and outside the court to support the people arrested during the raids. Because of "the real and genuine interest" in the charges, the media wanted all future hearings to be held in open, The Crown took the unprecedented stance of supporting the media's right to photograph and cover the entire hearing. The New Zealand media challenged an appeal to retain the name suppression for two of those arrested, on 31 October the High Court dismissed the appeal, allowing the men's names to be made public. The men were revealed as Vietnam war veteran Tuhoe Francis Lambert, and Te Rangikaiwhiria (Whiri) Kemara, both residing in Manurewa, Auckland.

On 8 November 2007, the Solicitor General declined to prosecute under the Terrorism Suppression Act, citing insufficient evidence, and described the legislation as "complex and incoherent", and "almost impossible to apply to domestic circumstances", and recommended the law be sent to the Law Commission for review, which parliament has since agreed to.

On 18 December 2009, 8 August 2011 was set as a tentative trial date.