Today he was sentenced in the Wellington District Court for his 15th charge of trespassing, after again trying to enter the clinic in January. On that occasion, he was asked to leave by security, but refused and was later found by police in the hospital grounds.
At a judge-alone trial earlier this year, Barnao argued his actions were driven by necessity because he believed abortions were contrary to Christian scripture and he was protecting women and children from suffering and injustice. He argued “Divine Law” was paramount, trumping the law of the land.
Judge Tony Couch rejected that defence, saying while he accepted Barnao’s beliefs were sincerely held, that didn’t justify breaking the law. He also said the argument wasn’t novel as Barnao has 14 previous convictions for similar, if not identical, offending.
Police prosecutor Kelly Cumming sought the maximum sentence of three months in jail, saying previous sentences had failed to deter Barnao. She said Parliament’s decision to create Safe Areas around abortion clinics in 2022, showed how necessary it was to protect this vulnerable demographic.
But her suggestion of jail prompted the judge to question if that would make Barnao a martyr.
He said while he was sure that Barnao had a deep faith and a strong belief that his actions were right, any sentence should focus on the most practical way of preventing Barnao from offending again.
“Even if I were to sentence you to the maximum penalty, you would likely be released in six weeks and able to resume this offending should you choose to do so. That to me does not provide the protective requirements, nor the purposes of the Sentencing Act, to protect the community,” he said.
Asked if he had anything to say at today’s sentencing, Barnao said there had been mention of vulnerable demographics. He asked who was vulnerable in this situation and who was standing up for the rights of the unborn child.
The judge noted that Barnao’s presence at the clinic was intimidating and caused distress to women at a time when they were already under great stress.
Judge Couch said having looked at similar cases he couldn’t regard Barnao’s religious beliefs as a mitigating or aggravating feature of the case.
Barnao was sentenced to 12 months intensive supervision with the provision he wears an electronic bracelet, undertakes 80 hours of community work and stays off Wellington Hospital grounds unless there was a genuine emergency.
He also ordered him not to enter the women’s clinic or the grounds adjacent to it, under any circumstances.
Wellington Hospital declined to comment.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media advisor at the Ministry of Justice.
