The soldier, whose name is still suppressed, has been sentenced for attempted espionage and will now spend two years at Burnham Military Camp’s detention facility.
This week a soldier who was convicted after trying to give restricted military information to a person he thought was a foreign agent narrowly avoided being sent to a civilian prison.
The soldier was found guilty of attempted espionage at a court martial and will instead serve his sentence at Burnham Military Camp’s detention facility.
It was a decision the sentencing panel spent the bulk of their deliberations considering, before landing on the maximum amount of time a soldier can spend at the facility – two years.
But what is life like at a detention facility? Is it any different from a civilian prison the soldier could have ended up in?
Known formally as the Services Corrective Establishment, or SCE, Burnham’s facility has been described by one expert as being stricter than a standard prison, while another soldier who recently served time there said he couldn’t imagine having to do two years there.
Lawyer Matthew Hague has represented many defendants at court martial and described the SCE as a mix between a prison and a barracks, which used to be an “incredibly brutal” place in decades past.
“You’d dig a hole, fill it back in, then do it again and again,” he said.
“But in recent years, they’ve put a huge focus on rehabilitation, but it’s the opposite of being soft.
“It’s still a very hard place, you get up early and go to bed late, you’re subject to almost micro discipline. Everything you do is subject to direction by staff who are constantly with you.”
Hague said everyone who ends up at the SCE begins life essentially as a private again, regardless of rank, and they move through phases of the programme to gain increased privileges.
“Even at the most privileged level, it’s still a very strict place to be in, much stricter than civilian prisons.”
However, on the whole, Hague said it’s a harsh but positive site.
“I think it’s a pity that civilian prisons don’t have the same resourcing,” he said.
The SCE was transferred from Ardmore, Auckland, to Burnham Military Camp in Christchurch in 1995 and its capacity was significantly reduced.
Most detainees are only sent for a few days after a summary trial, of which the maximum time that can be served is 28 days.
However, if a soldier goes to court martial the longest they can spend at Burnham is two years. If their sentence warrants a higher punishment, they must go to a civilian prison.
An exception is for officers in the New Zealand Defence Force, who must be sent to a civilian prison. This is something Hague describes as “archaic” and said harks back to when officers of rank were considered to be gentlemen.
Between 2013 and 2018, nearly 140 people were detained at the facility, with an average stay of 14 days. Half of those were sent there for drug and alcohol charges, while 20 were related to assault.
The NZDF soldier sentenced this week becomes the first New Zealander to serve time in military detention for attempted spying, but it’s not the first time a military facility has been used to house a spy.
After the bombing of the Rainbow Warrior, French spy Dominique Prieur was held at the former SCE in Ardmore.
A soldier who recently spent time at the facility agreed to speak to NZME on the condition of anonymity.
He said his experience on the whole was hard but ultimately positive because of the level of support he received from the staff and support workers.
“It was sort of like doing basic training again,” he said.
“I thought it was going to be worse… but there is a lot of cleaning.”
The soldier, who is now back serving with the armed forces, said on a typical day he would get up before 7am and by 8am he’d be cleaning his barracks for a daily inspection.
It’s a hard inspection to pass, with a “white glove dust test being done literally every day”.
From there, his day would be filled with menial tasks, most of them cleaning with drills in between, and only short breaks. On Sundays, he was allowed to call his family for 10 minutes.
“It’s a way to reinstate discipline,” the man said. “You have to ask permission for everything, even to sit down or stand up, even to speak.”
The man said he completed a relatively short sentence and knew he could return to service afterwards, but said a longer lag would be tough mentally.
“I can’t imagine being there for two years. You’d just have to repeat every day the same.”
Chief Judge of the Court Martial of New Zealand, Kevin Riordan, said he and the panel of three military members spent more time in their day-long deliberation on where to send the soldier than on any other point.
Ultimately, it was the rehabilitative benefits of the SCE that they hoped would be of benefit to him.
In 2015, Warrant Officer Shane Maslin was appointed as the head of the SCE and introduced a programme of self-leadership by the detainees, with the aim they would leave the facility with newfound respect for themselves.
“When an individual arrives here we get them right back to basics, and then build them up again. We don’t degrade or ridicule them – after all, they’re still part of our team. We try to find out what’s going on and get them appropriate help,” Maslin told Army News in 2018.
“From the moment they arrive they have to ask permission to speak. The reason behind this is we want them reflecting rather than projecting. If you are left to your own thoughts you are reflecting on what you have done but if you want to talk all the time you’re not doing that.”
Maslin said cleaning was a large part of the work detainees do, which helped them develop pride in their work.
“Every individual receives a bespoke rehabilitation programme. It’s not one size fits all. We are responsible for raising their standards, changing their attitude and getting them to a stage where they can positively contribute to their unit again.”
In the case of detainees who won’t be returning to the armed services, like this soldier, they will be given a training programme that helps them reintegrate with civilian life, and are helped to write a CV and prepare for a job interview.
Jeremy Wilkinson is an Open Justice reporter based in Manawatū, covering courts and justice issues with an interest in tribunals. He has been a journalist for nearly a decade and has worked for NZME since 2022.