Public may never know details of NZ's first sabotage case
Friday, 29 July 2022
The public may never know the details of what the first person to be charged with sabotage in New Zealand history is alleged to have done, says a legal expert.
The identity of the man can now be named as Graham Philip
The Taupō man faces seven charges of sabotage – which carry a maximum penalty of 10 years’ imprisonment, as well as one charge of entering agricultural land with intent to commit an imprisonable offence, which also carries a 10-year jail term maximum.
He has pleaded not guilty to all charges amid a string of heavily suppressed court appearances which can finally be reported after an eight-month journey through the justice system.
University of Waikato law expert professor Alexander Gillespie said he was unaware of anyone in New Zealand ever facing charges of sabotage, and that the charge itself had its roots in World War II.
“It goes back to discussions around espionage and treason,” he said.
He also said it was likely an “extremely difficult decision” for the Crown to file sabotage charges, saying wilful damage and terrorism charges would also likely have been considered.
He also said details of the offending may never be made public, citing the copycat cases that can follow on from incidents such as mass shootings.
According to information from the Ministry of Justice, obtained by Stuff via an Official Information Act request, Philip is the first person to face sabotage charges.
“The Ministry’s Case Management System holds records from 1980 onwards,” the OIA response said.
“A search of the Case Management System for records for the period of January 1, 1980 and December 31, 2021 for charges or convictions of sabotage produced no results.”
Stuff understands that even before 1980, no New Zealander has ever faced charges of sabotage
Legal restrictions requested by Crown prosecutors over fears of copycat offending mean Stuff is unable to reveal the target of Philip’s alleged sabotage, but the Crown Charge Notice document notes the charges relate to alleged offending between November 6 and December 6 last year.
Philip was charged with the offences in December and has been in prison on remand.
He has made appearances at both Rotorua and Taupō District Court’s, asking the judge at one hearing “are you a Freemason?”
According to the Crimes Act 1961, sabotage is defined as the intent to “prejudice the safety, security, or defence of New Zealand or the safety or security of the armed forces of any other country, lawfully present in New Zealand”.
It is also defined as action that “impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or damages or destroys any property which it is necessary to keep intact for the safety or health of the public.”
Philip is set to reappear before the court on September 13 this year.