Terror accused should thank the Crown, not condemn it
I'd hate to be in Police Commissioner Howard Broad's size 12 shoes this morning. Everyone's calling for his head - politicians, the media, activists, activists' lawyers...
Well, let's just hang on a minute, shall we? Solicitor-General David Collins found that the evidence the police had on the 12 of the 16 people arrested in the raids a couple of weeks back did not quite meet the standards required under the Suppression of Terrorism Act.
But Collins also said that the police had "little option'' but to proceed with the charges, and that some of the evidence had come very close to meeting the standard. He said the police had brought an end to what were some "very disturbing activities'' in the Ureweras, and praised the professionalism and integrity of the police.
"Some may try to interpret my decision as criticism of the police,'' Collins went on. "Nothing could be further from the truth.''
Well that's exactly what's happened. Maori Party MP Hone Harawira has called Broad "a bullshitter" and says he should go. The lawyers of those in custody have accused the police of "red-neck hysteria'' and want Broad to drive up to Ruatoki and apologise for arresting them.
Never mind the fact that the courts have so far found that the firearms charges against those held are sufficient to deny them bail, or the fact that the solicitor-general intimated there was plenty of material held by the police that the public would be very interested to know about but will sadly now never see the light of day.
Perhaps the police should have been a little more careful that morning last month when they trampled through a small Maori village, knocking down doors and breaking windows. It's now fairly clear they did terrorise some innocent people, and for that Broad has already apologised.
But it's not the police who should be in the gun for dereliction of duty this morning but Parliament, which passed a law back in 2002 which was plainly an ass. In a stinging rebuke against Parliament, Collins yesterday said the law was "unnecessarily complex, incoherent, and as a result almost impossible to apply''.
For all the bragging from both major parties about the steps taken to protect us against terrorism, it now appears that Osama bin Laden himself could have been conducting operations from a cave in Ruatoki and the case against him would have been thrown out of court.
This is a serious setback to New Zealand's reputation as a nation that is tough on terrorism and an embarrassment for both Labour and National, who enthusiastically voted in favour of the bill. Incredibly, Parliament continued to push ahead with the Suppression of Terrorism Amendment Act last night, despite the fact that the act which it amends has now been sent back to the Law Commission for a rewrite.
It could be argued that police should never have even attempted to take a prosecution under such a dog's breakfast of an act, but possibly they have also done us a favour. It's only when Parliament's laws come before the courts that they can be interpreted and tested - that's how our legal system works.
And it's here that I find the greatest irony in this whole sorry tale. Those who have yelled loudest over the past few weeks have been those alleging collusion between the police and the government, claiming their rights to free speech and democracy have been eroded, and that they have been unfairly treated by the system.
To borrow a phrase from the Solicitor-General, nothing could be further from the truth. The system worked. The police levelled their charges, the highest officer of the courts examined the evidence, and found it wanting. North Korea this ain't. The activists should be thanking the Crown, not condemning it.
Today's bail hearings for some of the accused should be very interesting. The public's confidence in the police hinge on whether the other charges they have laid will stick. If they do, those crying foul against the police will have some explaining to do.
But if they don't stick, then it's Broad who will have to do the explaining. Shortly before he begins scanning the Situations Vacant.
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Colin. You are writing a load of rubbish.
...The police had little option to proceed. OF COURSE this is true. For 18 months they have been intrusively investigating New Zealanders under that legislation, at a cost of 8.7 million. How could they not proceed? What a laughing stock they would be.
...Osama Bin laden etc... Actually that's the opposite of what Collins said. He said the Act was designed for offshore terrorists, not onshore ones.
...Dog's breakfast of an Act. Says who? Read section 5 of the act and you will find an extremely clear description of what constitutes a terrorist act. Clearly the police had no evidence else there would be charges.
What clear is that Collins is covering for the police and the Crown, and the media is on the bandwagon.
I find it extremely interesting that today Cullen made two statements. 1. Nothing said by Collins should be viewed as vindication for these arrested. 2. In this nation we do not prejudge guilt on innocence.
Those two statements are diametrically opposed. A failure to charge those concerned means they are indeed innocent, yet to read your article, they were damn lucky they got away, which is exactly what Collins, the police, and the government want this country to think. Condemned without a trial, and oops can't show you the (so-called) evidence. What rot.
More reactionary ass spinning from Espiner. Why let the facts get in the way of a 'good story'? Broad's so-called apology was weak and insincere. He staked his reputation on false accusations of terrorism and lost. Think yourself lucky that the activists in gaol for alleged firearms charges are not suing your ass off for defamation of character. Activism is not terrorism.
Clarification: Innocent of terrorism. I accept they have charges against them on firearms counts, and their guilt on those is not yet determined.
What a complete load of twaddle, Colin. The principle effect and probably the main purpose of the SG's decision is that we will never know just how incompetent was the so-called "intelligence" that inspired this debacle. They will now hide it all behind a cloak of national interest.
The law has not come before the courts. The plug was pulled before it even got there. So it has not been clarified, merely discredited.
The accused have been held in jail for weeks for what are now being revealed as completely unjustifiable allegations and charges. This brings our courts further into disrepute.
It is clear that while this latest pantomine by our Keystone Cops has been in lavish production the actual terrorist threats to and crimes against ordinary decent New Zealanders have been in downtown Wellington where gangs of louts maim and kill innocent people - apparently impervious to any police interest or action.
A very thoughtful piece. Well balanced, and pleasingly, none of the hysteria that we've heard from ALL other media (including the Christchurch Press) and in particular the Maori Party and John Minto's "rent-a-crowd" radicals!
Why is the name of Osama bin Laden being dragged in here? How many NZ journalists have done an in depth investigation into the events of 9/11 which was the turning point in the political, corporate disaster known as the "war on terror". The "terrorists" are currently occupying high posts in the US Govt. Treasonous fascists such as Bush, Cheney, etc. Do some research on 9/11. It is NOT over. We were told a bunch of LIES. The war on terror is the war on grabbing Middle East oil covered up with a horrific orchestrated event on 9/11. 9/11 was AN INSIDE JOB. Millions know this as fact. The media however continues to play the game of denial and stupidity and will not give ANY coverage to FACTS. Yellow journalism at its best is what we see here with our stupid political leaders falling for the con-job.
<i>Alan Wilkinson says... "The principle effect and probably the main purpose of the SG’s decision is that we will never know just how incompetent was the so-called “intelligence” that inspired this debacle. They will now hide it all behind a cloak of national interest."</i>
I agree with the first half. It is going to make the muddy waters much more difficult to clear - one way or the other - by not being able to see the evidence that the SG says cannot be presented. Notwithstanding that, he also said that evidence showed "very disturbing activity".
I disagree with the second half. I'm sure the prosecutors would love to present all the evidence that had, which they can no longer do. That is, after all why they collect it, and if the SG had allowed the charges to progress, that evidence would have been presented.
I can only hope the evidence remaining shows clearly either that those charged were up to no good at all, or that the Police are a pack of plonkers. I am certain that we will not see either, and be left with the rather divisive muddle we see now.
I had not realised that the great unwashed read this column. You certainly appear to have applied an electric cattle prod to their nether regions!
The reality is that we STILL do not know the facts. All these hysterical denunciations of the police are based on pure conjecture. I have no doubt that during the course of any trials the whole story will emerge. The we can all make an informed judgement on the actions of the police.
The reality so far is that our justice system works. Unlike Fiji, suspects are not beaten up. Lawyers are not pressured. Directions do not come from the head of state.
I notice that the 'sans culottes' are not so vociferous in their denunciation of the actions of Fiji police. I also here a deafening silence over the racial tension between Maori and Aborigine in Perth. But sorry, I forgot, only those with white skin are capable of racist action.
Felicia you are right. Activism is not terrorism. These are activists, and they haven't been arrested for terrorism, they were arrested on a variety of firearms charges. The question was asked by the Police, quite rightly considering the nature of activity, can we lay charges under terrorism law/ The answer, after following due process, is no. So the alleged offenders will face the firearms charges and that's all. The "system" has functioned as it should. Collins has said the law needs looking at because it's unworkable. He also said that there was some disturbing activity going on in the Uruweras, so that needs to be dealt with and can be, outside the realms of terrorism. Colin has said the Police should have been more careful in the way they approached the residents of Ruatoki, which is probably true. All quite balanced from where I sit, so why the vitriol? Tame Iti's problem is that he thinks the law doesn't apply to him. I would suggest that he's about to discover that it does.
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A well written and thoughtful analysis Colin.
My own view is that much of the hysteria and ill infomed comment around this issue has been stoked by elements of the media - especially TVNZ
Sainsbury on Close Up was particularly guilty of this last night when 'interviewing' the Commissioner and Harawira. In my opinion he reduced the interview with the commissioner to hysterical simplistic accusations that the police had stuffed up while at the same time allowing Harawira to enunciate his distorted, prejudiced point of view without questioning it.
The boys and girls in the newsroom at TVNZ have allowed themselves (quite typically) to become over-excited by the use of the word 'terrorism' and have been keen to identify, in their view, the goodies (Tami Iti and his wide-eyed mates) and baddies (the police). This reflected in the Sainsbury interviews last night.
If there is to be any enquiry into this event, how the issue has been reported should be high on the list of issues to be investigated.