Former climate activist Brad Flutey during the Dig In At Marsden protest he organised. Photo / Michael Cunningham
A Northland anti-mandate activist has dragged out his court case for more than two years, now pushing his defiance to the brink with a 60-day hunger strike behind bars.
Brad Flutey’s legal issues began in January 2022, when charges were laid relating to wilful trespass, disorderly behaviour, aggravated assault on a police officer, resisting police and escaping custody.
Flutey had refused to wear a mask in a Whangārei Liquorland and became aggressive when police were called. He pleaded not guilty, however, and at his first appearance he refused to wear a mask into the Whangārei District Court.
Flutey pleaded not guilty and took his case to a judge-alone trial before Judge Philip Rzepecky, who found him guilty in March last year.
He was set to be sentenced in May last year.
At that hearing, Flutey requested to see the judge in chambers and claimed the court lacked jurisdiction over him as a “man of substance”.
Following that court hearing, Flutey failed to report to Corrections for a pre-sentence report, arrived three hours late to his sentencing, forcing the court to reschedule the date, and when he did not appear at that sentencing, a warrant was issued for his arrest.
It would be almost a year until police caught up with Flutey, arresting him in Tauranga, and he was put into custody but when his sentencing was called in the Whangārei District Court in August this year, Flutey was once again absent — this time in hospital on a self-induced hunger strike.
The sentencing once again had to be adjourned to late October.
This week supporters of Flutey claimed online the activist had not eaten in 57 days, had lost 29kg, was reportedly vomiting blood and not receiving proper medical attention from Corrections at Springhill prison where he is incarcerated.
Members of the online group Freedom Truth Survival posted that Flutey wanted to end his hunger strike, but was being denied proper medical attention to ensure it was done safely.
“He is now more ill and must have careful treatment for his fluid and electrolyte balance. Whatever law he claims to live under, Corrections have a duty of care and their own specific policy for the medical management of people such as this. Re-feeding after prolonged abstinence is always a specialised business,” the post says.
NZME contacted Corrections on Thursday and General Manager for Spring Hill Corrections Facility, Scott Walker confirmed a person was taken to hospital on Thursday afternoon and was in a non-critical condition.
“Our health and custody staff are working closely with Health New Zealand - Te Whatu Ora to provide support to a prisoner at Spring Hill Corrections Facility who is drinking liquids but refusing to eat food. This includes daily discussions with Health New Zealand to ensure medical staff have the most up-to-date information.
“Our priority is ensuring the wellbeing and safety of the man and encouraging him to resume eating as per the plan that has been developed by the medical team, in consultation with Health New Zealand staff,” Walker said.
Walker acknowledged it was a difficult and distressing situation for the man’s family and will continue to ensure the family can maintain close contact with Flutey.
“Our frontline staff have consistently demonstrated they take their duty of care for this person extremely seriously, and I would like to thank them for their professionalism and compassion.”
Corrections confirmed the prisoner was returned to Spring Hill on Friday.
Sue Grey told Peter Williams on Reality Check Radio she found out on Thursday he had been moved to isolation and believed he was high risk. Grey said Flutey wanted to speak to a medical professional who was educated in exiting a hunger strike.
Corrections confirmed they have several procedures in place for caring for people who choose not to eat including accommodation people in an intervention and support unit to provide oversight over their care.
Throughout his court case, Flutey has been self-represented but engaged David Hayes, a Waikato tax lawyer, upon his arrest; Hayes’ phone number and email address were inactive when NZME attempted to contact him.
Flutey’s activism, particularly his opposition to Covid-19 mandates, has involved other legal actions, including a case where he was ordered to remove defamatory posts about a nurse from social media.
Flutey is due to be sentenced in October.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.