Graham Philip appears in the Hamilton High Court on Thursday. Photo / Ethan Griffiths
Graham Philip appears in the Hamilton High Court on Thursday. Photo / Ethan Griffiths
The man subject to New Zealand’s first-ever sabotage convictions - a historic law originally intended to prosecute spies - has been sentenced to three years and one month in prison.
And for the first time, it can be revealed exactly what he targeted; infrastructure belonging to New Zealand’s national electricalgrid.
Graham Philip, a 62-year-old IT professional and Covid conspiracy theorist was charged with seven counts of wilful damage last December. The charges were upgraded to seven of sabotage earlier this year. He was also convicted of unlawfully entering agricultural land.
The charges relate to attacks on Transpower infrastructure last November, which caused approximately $1.25 million dollars in damage. One of the attacks caused a fire.
If successful, “the consequences of the damage could have been very grave”, Crown Prosecutor Amanda Gordon previously told the High Court. Further details of the offending, including precisely what Philip attacked and his method of doing so remain suppressed.
Almost exactly a year since he was arrested, he appeared for sentencing today at the High Court in Hamilton, supported by a crowd of family and friends and others who had followed his case.
He has been held on remand since he was first arrested on December 8 last year.
Sabotage is legally defined in the Crimes Act as any activity which impairs or impedes the operation of “any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant” on New Zealand shores.
A person can also be charged with sabotage if the person “damages or destroys any property which is necessary to keep intact for the safety or health of the public”.
A conviction also requires a proven intent to prejudice the health or safety of the public.
Philip stood in the dock silently as he was sentenced, with a notebook in hand.
Addressing Justice Kiri Tahana, Philip’s lawyer Bill Nabney said his client was remorseful for his actions.
“My submission is that Mr Philip has clearly accepted the action he took was not proportionate to the concerns he had.”
Nabney said the offending stemmed from Philip’s deep frustration that the concerns of unvaccinated New Zealanders weren’t “taken seriously”, by the government or mainstream media.
Graham Philip, New Zealand's first convicted saboteur, stands in a Mitre 10 store in a snorkel. Photo / Supplied
“What he does accept, is that what he did was not appropriate. There were better ways to express his opposition to the vaccine mandate.”
Nabney referred to Philip’s appearance in a 60 Minutes programme some years ago, while he was volunteering in a poverty-stricken village in Brazil.
“He is a man who deserves credit for his previous good character.”
But Crown prosecutor Amanda Gordon said that it’s not clear Philip is remorseful but should be entitled to a discount for his guilty plea.
Tahana began with a starting point of 4 years and six months imprisonment. That starting point was informed by a Canadian case referred to by both Crown and defence, Tahana said, with sabotage being unprecedented in New Zealand.
A pre-sentence report found that Philip holds fundamental Christian views, and “believes things passionately”. His wife talked of his normally peaceful nature.
“Your wife says you have made a mammoth mistake, one you have learned from.”
Tahana granted a 10 per cent discount for prior good character, and 20 per cent for his guilty plea, resulting in an end sentence of 37 months, or three years and one-month imprisonment.
Convictions unprecedented
Speaking to Open Justice earlier this year, University of Waikato law professor Alexander Gillespie, who specialises in international and conflict law, said he was not aware of any instance where the charge has been laid in New Zealand, largely due to the offence being subsumed by the country’s modern terrorism legislation.
“It’s a historical offence. A lot of the rules around sabotage came out in the Second World War when we were scared about foreign interference,” Gillespie said.
The legislation was kept after societal unrest led to concerns about homegrown offending.
“Then there was a concern about sabotage at the 1951 Waterfront strike. It was kind of a pre-terrorism charge, it came from a period when there was public disorder, but not terrorism as we know it today.
“It was mainly about the unions if I’m honest - the militant left. There were concerns some would do things like bring down bridges or destroy locomotives.”
Gillespie said it was surprising to hear authorities utilising the typically idle section of the Crimes Act.
The most recent example of where the charge was considered was the case of Peter Murnane, Samuel Land and Adrian Leason, who were all arrested on suspicion of breaking into Blenheim’s Waihopai spy base and bursting a satellite dome in 2008.
Police openly considered laying sabotage charges, but ultimately decided against the move after seeking legal advice.
