The Lynn Mall terrorist was an angry man with a string of convictions

                                                                       Quote at Media Conference on September 3, 2021

Prime Minister Jacinda Ardern hopes to share information tomorrow (Sunday, September 5, 2021) on the terrorist who knifed seven members of the public at a supermarket in West Auckland and shot dead by the Police in the process on Friday (September 3, 2021).

Briefing the media at the Beehive Theatre in Wellington this afternoon, she said that following an appeal by the Crown Law, a High Court Judge has ruled that the name suppression of the man can be lifted by 11 pm tomorrow but with a rider that his family can raise any concerns relating to release of information.

Court’s conditional orders

“So, while I can provide details concerning the individual’s criminal history, there are issues relating to his immigration status and action taken by Immigration New Zealand in particular, which I cannot share just yet. The remaining information I hope to share in the next 24 hours. I am also unable to share his name, but I would note, this is not something I had any intention of sharing regardless of the court ruling.  No terrorist, whether alive or deceased, deserves their name to be shared for the infamy they were seeking,” she said.

Ms Ardern confirmed that seven people were injured in the knife attack at the Countdown Supermarket in Lynn Mall located in New Lynn at about 2.40 pm yesterday.

Five of the victims are in hospital, of which three are in critical condition and the remaining persons have been treated and are recovering at home.

The terrorist, who was followed by the Police surveillance team, was shot dead within a minute after he went on a rampage inside the Supermarket.

                                             Police escorting shoppers out of the Lynn Shopping Mall on September 3, 2021

About the terrorist: What can be said

She said that the terrorist arrived in New Zealand in October 2011.

“He was 22 years old at that time and was travelling on a student visa. It was not known that he held extreme views about violence and terrorism at that time. In 2016, he came to the attention of the Police after he expressed sympathy on Facebook for recent terrorist attacks, violent war-related videos and comments advocating violent extremism. He was spoken to by the Police twice, once in April of 2016, and then again in May. This activity online continued and in May of 2017, he was arrested at Auckland International Airport. Police believed at that time he was heading to Syria,” Ms Ardern said.

She said that a search of his apartment led them to discover restricted publications and a hunting knife. He was charged with possessing these things. 

Arrest and release on bail

“He eventually pleaded guilty to charges of knowingly distributing restricted publications, fraud and failing to assist the Police in the execution of their search powers.  He was released on bail. In August 2018, whilst on bail, the individual bought a knife. The Police arrested him again but also issued a search warrant and found objectionable or extremist, material. He was charged with additional charges of possessing objectionable material, possession of an offensive weapon and failing to assist the Police in exercising search powers.  He was kept in custody,” Ms Ardern said.

In September 2018, the terrorist was sentenced to 12 months of supervision in relation to the first set of charges. He remained in prison due to the additional charges he committed while on bail, she said.

Court rejects Terrorism charge

“During the same month, Ministers directed officials to undertake further policy work on Counter-Terrorism Legislation.  Work progressed throughout 2019. This included policy work to criminalise preparatory acts which might be related to a terrorist intent or plan.

Ms Ardern said that in July 2020, the Crown made an unsuccessful attempt to lay an additional charge under the existing Terrorism Suppression Act for the knife and online posts, but this was rejected by the High Court. The original criminal charges of unlawfully possessing these items were still valid though, and so throughout this period, he was remanded in custody, awaiting sentencing.

“During this time, he assaulted Corrections Officers and faced charges on these acts also.  In the meantime, work on changing the law to add an offence of committing a preparatory act progressed, and a draft bill was introduced in Parliament in April 2021. It had its first reading in May. Throughout this period, officials met a number of times to consider what avenues could be pursued to address the risk posed by this individual, and to prepare for the potential that we may run out of legal avenues to detain him,” she said.

Ms Ardern said that she was briefed on this work in May this year.

“I sought further advice on whether prevention orders could be used, and whether the individual had been psychologically assessed. I was later advised that prevention orders could not be used, that he had refused psychological assessment. At this time work around his immigration status was also underway, but this is the detail I hope to be able to share tomorrow. In May 2021, he was convicted in the High Court on the charges of possession of objectionable publications with knowledge and failing to assist the Police in exercising search powers. He was found not guilty of another charge of possessing objectionable material, and of the charge of possessing a knife in a public place.

No jail but supervision allowed

“On July 6, 2021, he was sentenced to 12 months supervision with special conditions. These conditions included that he must reside at the named address, could only possess an electronic device capable of accessing the internet, other than that approved by his Probation officer. He was also required, upon request, to make available any electronic device to the Probation Officer for the purpose of checking or cloning the device, and to disclose to his Probation Officer and provide access to all social media accounts. He was also required to attend rehabilitation assessment and treatment,” he said.

According to Ms Ardern, GPS monitoring was sought by the Crown, but this was not imposed by the Courts.

“At the time of sentencing, the individual had spent approximately three years in prison on remand.  He remained in custody but given all legal avenues to continue his detention had been exhausted, officials prepared for his release. Risk mitigations were already underway. This included Police standing up surveillance coverage, including the use of the armed Special Tactics Group, which was present yesterday at the scene, and shot the terrorist,” she said.