The 32-year-old offender — known only as ‘‘S’’ for legal reasons — had been on police radar for several years, The New Zealand Herald reported last month.
S was considered a threat to public safety after twice buying large hunting knives and possessing Islamic State videos.
He had only recently been released from prison and was under constant surveillance from police, including from an armed tactical team and national security agencies.
Last year, the Crown sought to prosecute S under the Terrorism Suppression Act 2002, but a High Court judge ruled that preparing a terrorist attack was not an offence under the legislation.
S was instead prosecuted on lesser charges. On May 26 this year, he was found guilty by a jury of possessing propaganda-style material supportive of Islamic State.
S was acquitted on other charges of possessing a graphic video depicting a prisoner being decapitated and possession of an offensive weapon.
According to a report prepared for his sentencing in July, S has ‘‘the means and motivation to commit violence in the community’’.
He was sentenced to one year of supervision, which was to be served at a West Auckland mosque.
During his trial, S told the jury: ‘‘You’re worried about one knife, I am telling you I will buy 10 knives. It’s about my rights.’’
S’s internet history, the court heard, also revealed chilling searches, some of which had been electronically bookmarked. They included ‘‘safety and security guidelines for lone-wolf mujahideen’’, looking for a hunting knife, camouflage pants, Islamic State dress and New Zealand prison clothes and food.
The internet history on S’s devices further revealed a booklet for Isis operatives to help them avoid detection by Western countries’ security and intelligence agencies.
An internet video, the trial heard, purported to provide instructions on ‘‘How to attack kuffar and how to make explosive devices’’.
Kuffar, or kafir, is an Arabic term used to describe an infidel or non-believer.
S came to New Zealand in October 2011 from Sri Lanka.
In autumn 2016, he came to the attention of police because of ‘‘staunchly anti-Western and violent’’ material being posted on his Facebook page.
There were videos and pictures depicting graphic war-related violence, comments advocating for violent extremism and support for Isis terrorists involved in the Paris attacks in November 2015 and the Brussels bombing in March 2016.
S was given a formal warning by police but continued posting violent material, including a comment saying: ‘‘One day I will go back to my country and I will find kiwi scums in my country ... and I will show them ... what will happen when you mess with S while I’m in their country. If you’re tough in your country ... we are tougher in our country scums #payback’’.
According to police, S told a fellow worshipper at a mosque that he planned to join Isis in Syria.
In May 2017, he was detained at Auckland International Airport after booking a one-way ticket to Singapore.
A search of S’s apartment in Auckland found material that glorified violence, including images of him posing with an air rifle, and a large hunting knife hidden under his mattress.
S was held in custody, denied bail for more than a year, and eventually pleaded guilty to charges of distributing restricted material.
Because of the length of time S had already spent in custody, he was sentenced by a High Court judge to supervision in 2018.
S did not abandon his extremist views.
The day after he was released from custody — August 7, 2018 — he bought an identical hunting knife.
Counterterrorism police, who had continued surveillance on S, arrested him again.
Another search of his apartment found a large amount of violent material, including an Islamic State video about how to kill ‘‘non-believers’’, in which a masked man cut a prisoner’s throat and wrists.
This time, prosecutors sought to charge S under the Terrorism Suppression Act but were denied by the High Court.
In his ruling, Justice Matthew Downs called terrorism ‘‘a great evil’’.
However, the judge added: ‘‘It is not open to a court to create an offence, whether in the guise of statutory construction or otherwise. The issue is for Parliament.’’
The case illustrated a flaw in New Zealand’s counterterrorism powers.
Labour’s new Counter-Terrorism Legislation Bill, which passed its first reading in May, would make it a criminal offence to plan or prepare for a terrorist attack.
- By Sam Hurley and Jared Savage, The New Zealand Herald
