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 External Consulting Can Guide Enterprise IT Strategy and Procurement

Internal IT teams carry deep operational knowledge, but that familiarity can create blind spots in strategic decisions. An external IT consultant br...

Why Sports Nutrition Australia Is Important for Performance and Recovery

Athletes and fitness enthusiasts place significant demands on their bodies during training and competition. Maintaining energy levels, supporting mu...

Common Mistakes to Avoid in Family Law Matters

Family law proceedings are inherently complex, and the decisions made in the early stages can have lasting consequences for all parties involved. Wh...

How Body Contouring Bundoora Helps Improve Shape And Confidence

Modern aesthetic treatments have made it possible to refine body shape without the need for invasive surgery. One of the most popular non-surgical o...

Why Plantation Shutters Are a Stylish and Practical Choice for Modern Homes

Window coverings play a major role in the comfort, privacy, and overall design of a home. Homeowners often look for solutions that provide both visu...

Why a Retractable Hose Reel Is Essential for Efficient Water Management

Managing hoses efficiently is important for both residential and commercial environments. Whether watering gardens, cleaning outdoor areas, or maint...

Best Ways to Trade In Your Old Tech for Cash in Australia

Upgrading your mobile is exciting, but many Australians are left wondering what to do with the device they no longer use. Instead of leaving it in a...

Why Doctors in Bundoora Play an Important Role in Community Health

Access to quality healthcare is essential for maintaining a healthy lifestyle and managing medical conditions effectively. Visiting experienced doctor...

Backyard Aesthetics Decoded: Mediterranean, Coastal, Retro, Rustic, and Beyond

Backyard design has come a long way from a patch of lawn, a barbecue in the corner, and a few chairs chosen purely for practicality. Today, outdoor ...

What Stops a Home From Feeling Flat-Pack Generic

There is nothing wrong with convenience. Flat-pack furniture, fast styling decisions, and online checkouts have made it easier than ever to furnish ...

5 Best Dental Clinics in Beecroft, NSW

The best dental clinics in Beecroft, NSW are Beecroft Smiles Dental Surgery, Beecroft Elegant Dental Clinic, McConnell Dental, Dentistry for Life, a...

Executive Recruitment: Finding Leadership Talent That Drives Organisational Success

Hiring the right leadership team can significantly influence the direction and performance of any organisation. Strong executives bring strategic thin...

Understanding the Importance of Abrasive Blasting in Industrial Surface Preparation

Surface preparation is an essential step in many industrial processes. Whether preparing metal structures, removing old coatings, or cleaning equipmen...

Farm Machinery Costs Set to Rise

With steep rises in fuel prices and the need for specialised maintenance, farm machinery costs are set to rise across Australia. The need for transpor...

Why an Employer Recruitment Agency Helps Businesses Build Stronger Teams

Finding the right employees is one of the most important responsibilities for any organisation. Businesses rely on skilled professionals who can con...

Why Quality Trailers Are Essential for Transport and Trade Businesses

Transportation plays a major role in industries ranging from construction and landscaping to logistics and agriculture. Businesses that frequently m...

Why Professional Car Removal Services Are The Best Way To Dispose Of Unwanted Vehicles

When a vehicle reaches the end of its useful life, owners often face the challenge of deciding how to remove it safely and responsibly. Old vehicles...

Why Professional Commercial Carpet Cleaning Matters for Modern Workspaces

Clean office environments influence how employees work, how clients perceive a business, and how long workplace interiors last. Carpets in commercia...