Modern Australian
Men's Weekly

.

Charging the Christchurch mosque attacker with terrorism could be risky – but it's important

  • Written by Keiran Hardy, Postdoctoral Research Fellow, Griffith Criminology Institute, Griffith University

On Tuesday, the gunman in the Christchurch mosque shootings was charged with committing a terrorist act. The new charge came more than two months after the massacre.

The gunman, who the author and The Conversation have chosen not to name, had already faced 50 charges of murder and 40 charges of attempted murder stemming from the attacks. An additional murder charge was also brought on Tuesday, bringing the total to 51.

So, why was the terrorism charge added at this later stage? And why is it significant?

Difficulties using the terrorism law

The terrorism charge is unprecedented because the offence of committing a terrorist act has never been prosecuted successfully in New Zealand. The offence is found in Section 6A of the Terrorism Suppression Act 2002 (NZ), which was enacted by the New Zealand parliament in response to the 9/11 terror attacks in the US.

The offence relies on a statutory definition of terrorism, which is found in Section 5. To constitute a terrorist act, the conduct must include the following:

  • be carried out for the purpose of advancing an ideological, political, or religious cause
  • be intended to induce terror in a civilian population, or to unduly compel or force a government or international organisation to do or abstain from doing any act
  • cause one in a list of specified harms, including death, serious bodily injury, a serious risk to health or safety, serious property damage, or serious interference with an infrastructure facility.

Read more: Christchurch mosque shootings must end New Zealand's innocence about right-wing terrorism

On face value, it is clear the shootings at the two mosques in March, which left 51 people dead, amounted to terrorism.

The delay in bringing the terrorism charge was likely due to the fact New Zealand police and prosecutors needed sufficient time to ensure they could prepare a successful case. The definition of terrorism creates additional hurdles compared to a murder charge, and New Zealand authorities have faced difficulties using the Terrorism Suppression Act in the past.

Charging the Christchurch mosque attacker with terrorism could be risky – but it's important There are some concerns about giving the Christchurch a platform to espouse his white supremacist views in court. Martin Hunter/EPA

In 2007, for instance, New Zealand police arrested a group of environmental activists running military-style training camps in the Urewera forest on the eastern side of the North Island. The raids were known as “Operation Eight.”

No terrorism charges were brought in that case, even though there was evidence that some members of the group intended to harm innocent people. The possibility of a terrorism charge was explored, but New Zealand’s solicitor-general concluded that the law was “unnecessarily complex, incoherent, and … almost impossible to apply.” Four of the 17 activists were eventually convicted of firearms offences.

More recently, two other cases – one involving letters laced with poison and another involving the publication of jihadist material – also could have been plausibly prosecuted as terrorism. However, likely due to the solicitor-general’s previous advice, the offenders were charged instead with criminal blackmail and disseminating objectionable material (a charge commonly used for child pornography).

Read more: Explainer: trial of alleged perpetrator of Christchurch mosque shootings

It is not clear why the solicitor-general considered the terrorism law so difficult to apply after Operation Eight, as most of the evidence is not publicly available. The definition of terrorism is very similar to that found in Australia, as both laws are based on UK legislation. However, there is a greater focus in the New Zealand law on international terrorism conventions, which may make it harder to apply to domestic acts of terrorism.

More likely, it may have been difficult in that case to fit environmental activism within the definition of a political, religious or ideological motive because there is a presumption against legitimate protest falling within the law. In addition, there were significant concerns around police use of force and racial motives against the mostly Maori offenders.

Prosecutors will not likely face the same difficulties in applying the terrorism laws to the Christchurch massacre, where the intention to cause harm and the attacker’s motivations (as outlined in his manifesto) are obvious.

However, the prosecution may still be risky if it gives the gunman a platform to espouse his extremist views. He would still be able to do this while facing a murder charge alone, but a terrorism trial will carry added weight and the prosecutors will need to admit evidence about his ideological motives.

Why is a terrorism charge important?

There is no added practical benefit to charging the gunman with terrorism in addition to murder. A maximum penalty of life imprisonment was already possible with the murder charges.

However, the choice to bring a terrorism charge is not simply a practical one. The criminal law is said to have two purposes: a practical one (to put dangerous people in prison) and a moral one (to denounce conduct that is morally unacceptable).

Adding this charge signals to the wider community that the massacre was an act terrorism and will be punished as such. This may give victims, too, some degree of closure, if the offender is sent to prison for committing a terrorist act.

Read more: The 'Christchurch Call' is just a start. Now we need to push for systemic change

Labels are also particularly important in this case given that it was an act of terrorism by a white supremacist against Muslim worshippers. Had prosecutors only pursued the murder charges, they may have been criticised for a double standard. Acts of violence by Islamist extremists are commonly treated as terrorism, even if they result in far fewer fatalities.

In other words, bringing a terrorism charge is a trade-off: there’s a risk of giving the gunman a platform, but also a need to denounce the massacre for what it was – an act of terrorism.

This charge sends a clear signal that political or religious violence against innocent people is abhorrent and will be punished as terrorism, no matter its colour or ideology.

Authors: Keiran Hardy, Postdoctoral Research Fellow, Griffith Criminology Institute, Griffith University

Read more http://theconversation.com/charging-the-christchurch-mosque-attacker-with-terrorism-could-be-risky-but-its-important-117513

How a Burleigh Heads Plumber Tests for Pipe Leaks

Pipe leaks can be deceptively difficult to spot. Some announce themselves with a steady drip under the sink, but many develop quietly behind walls, ...

What Local Businesses Should Expect from IT Services in Melbourne?

If you run a Melbourne business with roughly 7–100 staff, you have probably noticed something over the last couple of years. The IT problems got m...

How Professional Cleaning Improves Indoor Air Quality

Indoor air quality (IAQ) plays a crucial role in our health, comfort, and overall wellbeing. Australians spend nearly 90% of their time indoors-at hom...

Solar and Solar Battery Systems: Powering Smarter Homes in Victoria

As energy prices continue to rise and sustainability becomes a priority for Australian homeowners, more families are investing in Solar and Solar Ba...

Plumbing Emergency Melbourne: What to Do When Every Minute Counts

A sudden plumbing issue can quickly turn into a major disaster if not handled promptly. From burst pipes and overflowing toilets to leaking gas line...

Why Older Melbourne Homes Require Detailed Building & Pest Inspections

Older homes make up a large part of Melbourne’s housing stock. Victorian terraces, Edwardian houses, Californian bungalows, and post-war brick hom...

7 Essential Tips for Choosing Reliable Moving Services in Perth

Moving to a new home or office can be exciting, but it also comes with stress, planning, and plenty of decisions. One of the most important choices yo...

How to Find the Best Real Estate Agent Near You on the Central Coast

Choosing the right real estate agent can make a major difference to your final sale price, days on market, and overall experience. The Central Coast...

Unlock Durability And Beauty With Burnt Timber Cladding Solutions

Imagine a home or commercial space that not only stands the test of time but also tells a story through its very facade. In the world of architectur...

Offroad Caravans: Built for Adventure Beyond the Beaten Track

Australia’s vast and varied landscapes invite travellers to explore far beyond sealed roads and crowded parks. Offroad caravans are purpose-built ...

The Expert's Guide to Understanding Large Bore Steel Pipe Specifications

When it comes to infrastructure, construction, and various industrial applications, the choice of materials is paramount. Among the options availabl...

Preparing for Your First Trip to San Francisco in 2026

San Francisco has long occupied a particular place in the Australian imagination. It is compact yet complex, progressive but historic, and visually st...

Modern Office Painting in Australia - It's the Real Game Changer

Walk into any modern Australian office today and you'll be struck by the fact it's a whole different beast from the ones we grew up with. Gone are t...

How to Choose the Right Suburb for Your Lifestyle

Choosing the right suburb is one of the most important decisions you’ll make when buying or renting a home. Beyond the property itself, the suburb...

Considering Cryolipolysis Fat Freezing? Here’s What You Need to Know

Body confidence can shift over time, and sometimes even good diet and training can still leave a stubborn area of fat that won’t budge. If you’r...

From Local Tradie to Digital Leader: The Strategy Behind Auto Gate Guys Sydney’s Growth

For many small trade businesses, digital marketing still feels like a buzzword, not a necessity. They rely on word-of-mouth referrals, repeat clients...

Electric Automation System: Smarter Control for Modern Electrical Infrastructure

Modern buildings and industrial facilities are increasingly dependent on intelligent control and efficiency. An electric automation system brings t...

The Damp Truth: Why Your Overflowing Gutters Are an Open Invitation for Termites

When it comes to protecting your home, most people think about visible threats — storm damage, cracked tiles, break-ins. But one of the most destruc...