Brenton Tarrant says that he pleaded guilty “under duress”
Charlotte Cook
Wellington, November 8, 2021
The Christchurch Mosque terrorist Brenton Tarrant has said that he pleaded guilty to the murder of 51 people last year because of the inhumane and degrading treatment that he experienced while awaiting his trial.
His lawyer Dr Tony Ellis has made the claim on his behalf of his client in a Memo to Chief Coroner Judge Deborah Marshall ahead of the Coronial Inquiry into the mass killing.
Bill of Rights breached
The attacker was sentenced to life in prison without the possibility of parole in August 2020.
Ellis said that he had advised his client to appeal his sentence and conviction, arguing a breach of the Bill of Rights, and the gunman was considering it.
Ellis has only recently become the gunman’s lawyer, ahead of a coroner’s inquiry.
In the Memo, Ellis said the terrorist was having important documents withheld from him by the Department of Corrections, and the Mosque shooter also believed his right to a fair trial was compromised.
Under Tarrant’s instructions, Ellis said that the shooter said that his guilty pleas were obtained under “duress” and that the conditions under which he pleaded needed to be taken into consideration.
Ellis said that it could be a breach of the Bill of Rights because he was “subject to inhumane or degrading treatment whilst on remand, which prevented a fair trial.”
“He sent me about 15 pages of a narrative of how he had been treated since he has been in prison. He said that because of how he was treated while he was awaiting trial and afterwards, [that affected] his will to carry on and he decided that the simplest way out was to plead guilty. By this, he means that he was subject to inhuman or degrading treatment whilst on remand, which prevented a fair trial,” Ellis said.
Lack of access raised
In the Memo, Ellis also raised his lack of access to counsel, information and to documentation which would impact his ability to participate in the Coronial Inquiry.
“As he is held in virtually 24-hour solitary confinement in the Persons of Exceptional Risk Unit, there are issues arising as to his receiving information, and he has only limited access to daily news,” he said.
The Chief Coroner has written directly to the inmate, informing him of her decision to hold a Coronial Inquiry, but those letters were not passed on, Ellis said.
The attacker had also been sent two copies of the Royal Commission which were withheld from him by the Department.
Without access to those documents, he advised his lawyer that he was unable to give detailed instructions ahead of any proceedings.
Human Rights breached
The Memo also highlighted the Chief Coroner’s failure to use the attacker’s name in the Coroner’s minute relating to the scope of the inquiry, only referring to him as “The Individual.”
Ellis argued this was a “serious breach of human rights” and the “behaviour is deeply offensive, and unlawful” because he was no longer being treated as human.
“Tarrant is no longer a suspect, but a convicted criminal in detention; despite his horrific crimes that part of his legal life is over. He has been tried and sentenced and is entitled to be treated as a human,” he said.
Ellis said that he was also entitled to be treated with respect and dignity despite his crimes, as stated in the Bill of Rights Act.
“It is not the least bit dignified, to be stripped of your name, it is an inherent part of your identity, and shows no respect for Mr Tarrant. It is very important that Mr Tarrant is not dehumanised especially by judicial officers,” he said and added that the Chief Coroner should apologise for the decision to name him only as the individual.
Response of the Judge
However, in a letter to Ellis, Judge Deborah Marshall said that she did not agree that using that terminology was a “serious breach of human rights” nor was it relevant to the scope of the inquiry.
Ellis said that he was aware of the major distress his right to appeal could cause on the victims’ families and many parts of society.
“Nevertheless, carrying out client’s instructions is every barrister’s duty, and whilst this case is likely to be the pinnacle of professional difficulty, every accused or convicted person is entitled to exercise his right of access to the Court,” he said.
Tarrant’s Counsel and the Chief Coroner will meet next month.
The mother of one of the Mosque attack victims said that the killer’s claims are nothing more than attention-seeking.
Rosemary Omar, whose 24-year-old son Tariq was gunned down at Al Noor mosque, said the terrorist was desperate for fame and glory and for people to remember him.
Omar said not naming the shooter is a way of limiting his notoriety.
Charlotte Cook is a Journalist at Radio New Zealand. The above Report has been published under a special agreement with www.rnz.co.nz
