Anzac day flag burner fined $500

Two protesters who disrupted Wellington's Anzac Day dawn service by setting fire to a New Zealand flag and blowing a horn have been convicted in Wellington District Court.

Flag burner Valerie Morse, 36, was fined $500 plus $130 court costs for offensive behaviour while Mark Daniel Rawnsley, 29, was convicted and discharged for resisting and obstructing police.

The court was told that the pair were protesting against war.

Struggles ensued when an officer tried to grab the horn off Rawnsley and when he had attempted to escape from police by climbing over a fence.

The lawyer for both defendants, Mark Lillico, said at a hearing earlier this week his clients had the right to freedom of expression under the Bill of Rights.

However, Judge Oke Blaikie said today they had both exceeded that right.

He said Morse's actions were capable of evoking wounded feelings and outrage, which people who had attended the dawn service at the Cenotaph near parliament on Anzac Day had testified to at the hearing.

"I have reached a clear conclusion that the protest act not only constituted offensive behaviour, but in all the circumstances and balancing exercises cannot be protected by the Bill of Rights."

Anzac Day was a time for sombre reflection, which held an aura of dignity and respect, Judge Blaikie said.

"It is appropriate to assume that those people who attend are reflective and can legitimately expect to participate without offensive intrusion from others."

He did not doubt Morse was passionate in her beliefs about war, but he could not convict and discharge her as Mr Lillico asked, because of the seriousness of the act, Judge Blaikie said.

She also had past convictions for wilful and intentional damage.

In Rawnsley's case, Judge Blaikie said police had carried out their duty to stop a breach of the peace.

Rawnsley had been blowing the horn during a key speaker.

He convicted and discharged Rawnsley because it was his first offense, Judge Blaikie said.

NZPA