Read The Times Australia

Daily Bulletin

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

Business News

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

High-Impact Dental Marketing Strategies That Are Driving Real Practice Growth Today

The landscape of dental practice growth in Australia has shifted dramatically over recent years. Standard, broad-spectrum advertising campaigns no longer yield the return on investment they once did. ...

Daily Bulletin - avatar Daily Bulletin

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...