Showing posts with label Urewera Terror Trial. Show all posts
Showing posts with label Urewera Terror Trial. Show all posts

Monday, 28 May 2012

No Comparison: Why Tame Iti Has No Role In "Smith's Dream"

Bogus Equivalence: As anyone who's actually read C.K. Stead's novel Smith's Dream, or seen Roger Donaldson's Sleeping Dogs will tell you, the desperate political situation prevailing in their fictional New Zealand bears absolutely no resemblance to the real New Zealand of either 2007 or 2012. Sam Neil's heroic "Smith" has nothing in common with Tame Iti or his embryonic Maori militia.

THE POSTER featured at the top of this posting indicates how very far from reality the Far Left in this country has drifted. So far that they can no longer even distinguish the salient differences between C.K. Stead’s 1971 novel Smith’s Dream (which Roger Donaldson turned into the 1977 New Zealand film Sleeping Dogs) and Tame Iti’s embryonic “private militia”.

In Stead’s/Donaldson’s fictional setting, New Zealand finds itself in the grip of an authoritarian dictatorship - complete with secret police, imprisonment without trial, torture, military tribunals, executions and lethal violence meted out to protesters on the streets. Not surprisingly, this leads to the formation of an armed resistance movement, which in turn spurs the government to invite in American "advisers".

Were any of these factors present in 2007? No.

So, the equating of Stead’s/Donaldson’s fictional New Zealand with New Zealand as it really was in 2007 is completely bogus. No one was being fatally beaten in the streets by murderous riot police. No one was being tortured. No one was being tried and sentenced to death by military tribunals. No American “advisers” were clambering through the New Zealand bush.

Yes, there was an unnecessarily heavy-handed raid on Ruatoki by armed police. But this was the culmination of a year’s worth of observation and evidence-gathering directed at apprehending a group alleged to be organising covert, military-style training camps in the Urewera Ranges, and undertaken on search-warrants lawfully issued. It resulted in the seizure of 18 firearms.

The persons arrested as a result of “Operation Eight” were not held incommunicado, denied access to legal advice and tortured until they confessed. Nor were they tried and executed in secret. On the contrary, they were given a fair trial in an open court and only convicted on a number of firearms charges. Two of the accused were jailed for two-and-a-half years. Their convictions and their sentences are now being appealed.

So, no. The "real life" Tame Iti is not the same as the fictional hero "Smith" played by Sam Neill. He was not fighting a murderous dictatorship. He was not being hunted down by US “advisers”. Nor were he and his followers being strafed and bombed by RNZAF Skyhawks.

What Mr Iti does appear to have been doing, however, was giving practical effect to the numerous discussions, extending over many decades, in which Maori nationalists and their far-Left Pakeha allies have weighed the pros and cons of organising a revolutionary Maori army.

Inspired by the Mexican “Zapatista” model, in which indigenous issues are fused with issues of environmental despoliation and globalisation, was Tame Iti attempting to turn the Ureweras into Mexico’s Chiapas province, and himself into Tuhoe’s own “Subcomandante Marcos”?

Finally, as bogus as it undoubtedly is, the poster’s comparison remains potentially very dangerous. People who construct a fantasy world, and then decide to live in it, very rapidly place themselves beyond the reach of arguments grounded in reason and evidence. And, as the images emerging from Syria over the past 24 hours make so tragically clear, those who forsake reason for violence are capable of doing just about anything.

This posting is exclusive to the Bowalley Road blogsite.

Friday, 11 May 2012

In A Weakened State

Insufficient Evidence: The failure of New Zealand's national security apparatus to acquire the human intelligence (and thus the eye-witness evidence) to convince a jury of the defendants' guilt in the Urewera Terror Trial has exposed serious weakenesses in the protective institutions of the New Zealand State.

Salus populi suprema lex
The safety of the people shall be the highest law
Cicero

THE DECISION NOT TO RE-TRY the “Urewera Four” sets the capstone on a comprehensive failure of New Zealand’s national security apparatus. At almost every level, the public has witnessed examples of ignorance, indecision and incompetence that agencies similarly placed in poorer and more marginalised countries would look at askance. After the Urewera debacle, it is debateable whether New Zealand even has a national security apparatus. That twenty or so highly politicised individuals could be observed undertaking military training with lethal weapons, on tribal lands with a long and strong tradition of resistance to the New Zealand state, for close to a year, and still manage to escape serious convictions, certainly argues against the proposition.

At the heart of this failure lies a paucity of intelligence. (And I’m using the word here in its double sense of intellectual sophistication and useable knowledge.) New Zealanders have been seriously let down by the tradition of anti-intellectualism that pervades our security services. It has fostered an institutional environment in which anyone possessing a sophisticated understanding of this country’s history and culture is treated with hostility and suspicion. Doubly so, if that knowledge extends to anything more than a superficial grasp of left-wing and/or right-wing theory and practice. It’s an environment in which the received “wisdom” of our (often even more ignorant) American and Australian allies counts for much more than specialised local knowledge.

Assistant Police Commissioner, Jon White’s, operationally brutal and strategically idiotic raid on the sleepy Tuhoe village of Ruatoki destroyed any chance the Crown might have had of mounting a successful prosecution of the fledgling Urewera guerrilla force. The NZ Police utterly underestimated the vigour and sophistication of the Left’s propaganda capabilities and, from the very beginning, were forced to play “catch-up” in the struggle for hearts and minds.

The other fatal flaw in Operation Eight was its (no doubt US inspired) fascination and reliance on technologically acquired intelligence. Neither the Police Security Intelligence Unit (PSIU) nor the Security Intelligence Service (SIS), appear to have anything remotely resembling an effective spy network. Indeed, in this regard, New Zealand’s private sector intelligence gatherers seem to be well ahead of the State’s. This lack of human intelligence drove the Police to what were subsequently deemed to be reckless and illegal attempts to acquire persuasive evidence of criminal intent.

Also lacking were the reliable media “assets” so highly prized by the British security services. Individuals to whom key elements of the Crown’s case might have been judiciously leaked as a way of counter-acting the Defence’s extremely skilful use of sympathetic journalists strategically located throughout the news media. Our own security services appear utterly unaware of the role social media and the Internet play in shaping public opinion. Where, for example, was the Crown’s equivalent of Wikileaks? Clearly no one was prepared to play the role of Private Bradley Manning by dumping all the evidence denied to the Prosecution on a suitably insulated and legally untouchable website.

From the very beginning of Operation Eight it should have been clear that the Crown was engaged in a full-scale political battle with the individuals behind the Urewera Training Camps and their supporters in the wider left-wing community. Every one of the agencies tasked with protecting our national security: the PSIU, the SIS, the Officials Committee for Domestic and External Security Co-ordination  (ODESC) and the Combined Threat Assessment Group (CTAG) individually and collectively failed to meet this political test.

Bluntly, the accused’s’ defence team and their tireless army of propagandists ran rings around the Crown. They not only won a significant political victory in terms of the “Urewera Four” case, but their undeniable success in making the Crown look both weak and stupid will very likely deter its servants from attempting anything similar for many years to come. It will require a very brave Police Commissioner indeed to repeat Howard Broad’s gutsy call of 2007.

Nor will Tuhoe, and the Maori nationalist movement generally, be content to rest upon their laurels. Already we’re hearing demands for a Crown apology to, and massive compensation for, the traumatised residents of Ruatoki. Pressing forward from one victory towards another has always been an intelligent strategy – both politically and militarily. The Crown, already in full retreat, will be harried unceasingly by a Tuhoe nation intent on reclaiming as much lost land and mana as possible.

The New Zealand State has been seriously weakened by its failure to convince a jury that what was happening in the Ureweras constituted a clear and present danger to our national security. The Crown’s prosecutors appeared almost entirely ignorant of the philosophical, ideological and historical arguments which have, in other parts of the world, persuaded hitherto peaceful individuals to embrace the theory and practice of political violence. Where were the Crown’s expert witnesses? Why were no academics from the USA or the UK called to tell the Jury how and why people become terrorists? The defence team’s carefully fostered notions that Tame Iti and his comrades posed no sort of threat to the Queen’s Peace, and that the charges levelled against him were farcical, were never adequately challenged by the prosecution – and they stuck.

Partly, this is explained by the failure of the Police to supply the Crown with the right sort of evidence. But the prosecution’s ham-fisted use of the evidence it did possess reflected the susceptibility of even the Crown’s lawyers to the “two worlds” argument advanced by the defence. The latter insisted, with all the silky conviction a skilful barrister can muster, that events which looked like military exercises when viewed through Pakeha eyes, appeared no more dangerous than a job creation scheme when viewed through Maori eyes.

To insist that people running around with guns and balaclavas were terrorists, warned the defence, was to revisit upon these noble Maori “reformers” all the sins of our colonial fathers. According to their lawyers, the accused weren’t training to be terrorists. No, they were training to be security guards in Somalia and Iraq! This preposterous argument convinced not only at least one of the jurors, but also, seemingly, the Crown itself. Guilty verdicts on the most serious charges, it was cleverly insinuated, would be proof positive that Pakeha racism had triumphed. Not surprisingly, on the most serious charge - belonging to an illegal organisation - the Jury was hung.

Russel Fairbrother, Tame Iti’s lawyer, has hailed the Crown’s decision not to re-try his client as a victory for the New Zealand justice system. But there is another, much less sanguine, way of looking at the Crown’s capitulation. If, under the rubric of “national security” one includes the preservation of New Zealand as a unitary, constitutionally-coherent state in which the safety of every citizen is guaranteed by the rule of law, and where the state, and only the state, is permitted to maintain and train armed forces, then the Crown’s decision, and the lamentable way it has conducted itself throughout the entire Urewera affair, gives cause for grave concern.

A group of armed individuals, who gave every appearance of levying war against the Crown, have somehow escaped serious convictions. This entirely unsatisfactory outcome sets an extremely dangerous precedent. We should not feel in the least bit reassured that, ultimately, the guerrillas in the Urewera mist failed to inflict any harm on their fellow citizens. Next time (and given the extraordinary failings of our national security apparatus a ‘next time’ cannot be discounted) we may not be so lucky.

This posting is exclusive to the Bowalley Road blogsite.

Thursday, 22 March 2012

Failing The Crown

Propaganda Gift: The ill-conceived Police raid on Ruatoki gifted the defenders of the "Urewera Four" with a defining image of the whole botched "Operation Eight". Both the Police, in their gathering of evidence, and the prosecuting attorneys, in their presentation of it, were guilty of failing the Crown.

A DISASTER from beginning to end. It is difficult to draw any other conclusion from the Crown’s $4 million failure to secure the conviction of the Urewera Campers.

The failures began with the Police decision to rely upon technological, rather than human, evidence gathering. If ever there was a case that warranted the insertion of an undercover policeman or woman, or the ‘turning” of one or more of the participants, this was it. The activities being contemplated, discussed and planned for by the Campers were, above all, political. Securing any kind of serious conviction would, therefore, be based on the defendants’ ideas, and the lengths to which they would go to turn those ideas into reality.

Convincing evidence of this kind can only be gathered and presented by people who were actually there when such discussions were taking place. The successful prosecution of pre-emptive anti-terrorism charges will always turn on the state of mind of the terrorist; on why he or she was willing to acquire the skills necessary to carry out terrorist acts – and apply them. It was the failure of the Police, and all the other agencies of our national security apparatus, to understand this crucial aspect of the case (not to mention their inept and apparently illegal use of surveillance technology) which largely explains the Crown’s inability to secure a conviction.

The State’s failure was compounded by the decision of the Assistant Police Commissioner for National Security, Jon White’s, decision to mount a full-scale anti-terrorist operation at Ruatoki. Once again, this represented a failure of human intelligence-gathering (most of the homes raided produced no evidence of terrorist intent). But, much worse than this, it reflected White’s utter incapacity to understand how the brutal actions of his force would be interpreted by Tuhoe, Maoridom and the wider New Zealand population.

The televised images of Police officers, clad all in black, wearing helmets and body armour, and carrying automatic weapons, essentially invading a sleepy little Bay of Plenty village, was an absolute gift to the accused’s defence team – and they made full use of it. From the very beginning, it drew people’s attention away from the Campers and their actions, and focused it, instead, on the behaviour of the Police.

A cleverer man than White would have sent a small – lightly armed – group of Police officers into Ruatoki, and only to those places where they had rock-solid intelligence that illegal weapons were being stored. These officers should have been under strict orders to get the hell out of town at the first sign of serious trouble and call for back-up. That way, the presence of Police “ninjas” would have made some tactical sense. The public would have seen them responding to terrorism – not initiating it.

The Police’s next mistake was relying on the hurriedly drafted Terrorism Suppression Act for the their main prosecutorial weaponry. The quality of legal advice supplied to Commissioner Howard Broad was clearly remiss in this regard – something which should give his successor, Peter Marshall, serious pause for thought.

It’s one of those delicious historical ironies that the Police were unable to charge the accused with sedition. This is because, just nine days after the 15 October arrests, the New Zealand Parliament, in its infinite wisdom, voted to remove sedition from the statute book. Had that tried and tested (if somewhat archaic) offence been available, the Police would’ve been required to prove only that the Urewera Campers intended to “incite, procure, or encourage violence, lawlessness, or disorder”. Such a charge would also have stripped the case of its unhelpful associations with 9/11 and Osama Bin Laden.

With their clients charged with sedition, and denied the propaganda value of the Ruatoki raid, the defence team would have faced an altogether more daunting task.

Which brings us to the final and most serious failure of the Crown’s servants: the actual prosecution of the case.

The Crown Prosecutor’s, Ross Burns, strategy seems to have been one of “show and tell” – and that’s about it. In the reported parts of the trial it did not appear that any of the Crown’s lawyers understood the faintest thing about left-wing revolutionary theory, or had even the most rudimentary grasp of recent left-wing history. Nor did the Crown appear to have any idea why Tuhoe might have a grievance against the Crown, or what the historical precedents might be for the Tuhoe people taking up arms against Pakeha rule.

To the Jury, it must have seemed as if the Crown was asking them to believe that one day a group of Pakeha pacifists and war-resisters simply got out of bed and decided the armed struggle was the way to go. And that Tame Iti suddenly decided that shooting flags was old hat, and that, henceforth, he’d shoot people. Not surprisingly, they didn’t buy it.

How different the outcome of this historic trial might have been if the Crown had used it as a means of educating New Zealanders about the psychological stages through which hitherto peace-loving people are led to embrace the cause of revolutionary violence. How unquestioning support for an oppressed people and their struggle for reparation and cultural autonomy can lead ordinary middle-class kids all the way to terrorist training camps.

Had the Crown Prosecutor, equipped with eye-witness accounts from people who had participated in all the debates and discussions, and joined in all the “training”, taken the Jury into the minds of the defendants; allowed the jurors see how, in the absence of an active and effective public conscience, violence becomes more than an option for the revolutionary; it becomes a duty: well, he just might have secured a “Guilty” verdict.

Perhaps we should all be glad that the New Zealand State’s national security apparatus, and its prosecutors, are so utterly inept in the arts of espionage, propaganda and the successful prosecution of “activists”. The evil agents of “State Terrorism” in the USA and the UK are obviously made of sterner (and certainly more competent) stuff.

But those on the Left who are celebrating the outcome of this trial as some sort of “victory” should think again. The public has been treated to a risible defence. The very idea of dedicated peace activists and anti-imperialists training in the Urewera bush so they could join the mercenary army of private security-firms contracted to the US and NATO occupiers of Iraq and Afghanistan, is so absurd as to be laughable.

It’s sad in a way. From the very beginning, the defence team’s strategy was to paint these representatives of the New Zealand Left as a bunch of bumbling Walter Mittys; people who played at revolution because they hadn’t a hope in hell of ever mounting a really serious challenge to authority. The whole point was to sell the defendants to the Jury as a quartet of harmless little do-gooders who’d picked up guns and Molotov cocktails for reasons that, like the peace of God, passeth all understanding.

I do not blame the defence lawyers for keeping their clients off the witness stand. When the Crown’s case was being presented so incompetently, it was, undoubtedly, the smart thing to do. That being so, however, the only conclusion which can reasonably be drawn is that the accused escaped conviction on the most serious charges brought against them because those whose responsibility it was to prove their guilt failed the Crown.

The accused’s moral responsibility: to explain to New Zealand exactly what they were doing in the Ureweras, and why; remains similarly unfulfilled.

This posting is exclusive to the Bowalley Road blogsite.