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Home / New Zealand

Urewera raid details remain suppressed

APNZ
12 Sep, 2011 01:57 AM4 mins to read

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Protesters gathered outside the High Court at Auckland, calling for the remaining charges to be dropped in the Urewera raid case. Photo / APNZ

Protesters gathered outside the High Court at Auckland, calling for the remaining charges to be dropped in the Urewera raid case. Photo / APNZ

The firearms charges against 13 people arrested in the Urewera raids have been formally dropped by the Crown but the reasons remain suppressed.

This morning's hearing at the High Court in Auckland got under way with a karakia and waiata.

Crown prosecutor Ross Burns gave a brief outline of the Crown's reasons for offering no evidence against the 13.

Firearms charges were dropped against Ira Mangaimimi Timothy Bailey, Omar Hamed, Rawiri Iti, Jamie Beattie Lockett, Marama Hannah Mayrick, Watene Paul McClutchie, Valerie Morse, Trudi Paraha, Phillip Purewa, Moana Hemi Winitana, Maraki Teepa, Tekaumarua Wharepouri and Raunatiri Hunt.

However, the reasons relate to a judgement of the Supreme Court earlier this month and remain suppressed.

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Mr Burns said the trial against four others, including Tuhoe leader Tame Iti, will go ahead in February.

Emily Felicity Bailey, Tame Wairere Iti, Te Rangikaiwhiria Kemara, Urs Peter Signer all face charges of participating in an organised crime group between November 2006 and October 2007 and unlawful possession of firearms and restricted weapons including shotguns, Molotov cocktails and military-style rifles.

Defence lawyer Annette Sykes said three of the accused had been put under severe financial pressure after being forced to make payments to legal aid.

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She said one of the accused had a debt of more than $20,000.

"They've been extremely impoverished because of this situation and they would ask for some assistance.''

Ms Sykes said there were also three guns that the police had taken but were used by the family of one of the accused for pig hunting.

Justice Hansen said an application for costs would need to be filed.

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His formal discharge of the 13 was met by clapping and cheering from the packed public gallery.

One of them was Moana Hemi Winitana who stood up in court and told the judge that he was happy to be able to "open his mouth for the first time''.

He told the judge that he was a lecturer and had lost his laptop when police raided his home. He asked if he could send a bill to Mr Burns.

"Do you have the power to take our names off the internet? Our names have been ridiculed.''

Justice Hansen said he did not.

There were further legal arguments before Justice Helen Winkelmann on whether or not the Supreme Court's judgement should remain suppressed.

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Mr Burns said the case had attracted a large amount of public interest but said because court judgements remain suppressed, it was impossible for the public to be informed.

"The Crown's desire is that it is dealt with as soon as possible because of the current significant public interest.''

Defence lawyer Charl Hirschfeld said releasing the judgements could impact on the right to a fair trial for the four still facing charges.

He said if the court released copies of the judgements containing blanked out passages, there could be confusion and the wrong judgements could be released.

Mr Hirschfeld said the trial in any case was only five months away.

Tame Iti's lawyer Russell Fairbrother said: "the publicity has not died down but increased.''

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"What we do here, the media are going to want to publish and with the best intentions in the world, if they half the story, the public will get the wrong story.''

Justice Winkelmann asked if that was not the case now.

Mr Fairbrother responded: ''Well, to give them more would aggravate the situation.''

Justice Winkelmann has reserved her decision.

The court also earlier heard that the remaining four will have their case decided by a jury, rather than a judge alone.

Mr Burns said now that the case only involved four accused, the Crown was no longer seeking to have the trial heard by a Judge alone.

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Justice Rodney Hansen adjourned the arguments around whether or not the case will be decided by a jury. The matter will next be in the Supreme Court on Wednesday.

Mr Burns also confirmed he had viewed a death certificate for Tuhoe Lambert who died in July. Matters against Mr Lambert were stayed.

Those in court today were arrested after early-morning raids in October 2007 involving more than 300 police officers in property searches in Auckland, Waikato, Bay of Plenty, Wellington and Christchurch using warrants alleging crimes under the Terrorism Suppression Act.

The Solicitor-General ruled out charges under the Terrorism Suppression Act - saying the law was "almost impossible to apply in a coherent manner'' - but endorsed the firearms charges being laid.

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