The Fiji Times

‘Gun ban search warrant raises legal questions’

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WELLINGTON - There are unresolved legal questions about how police got informatio­n for a search warrant they carried out at the house of a right-wing blogger, a law professor says.

Armed officers searched Dieuwe de Boer’s house last week suspecting he had a prohibited firearm magazine.

They did not find it and left the house empty handed.

Mr De Boer had made a public written submission to a parliament­ary select committee in April last year, including details about the prohibited magazine attachment, which he republishe­d on his blog and was subsequent­ly shared on other blogs and social media.

Law professor Andrew Geddis said the law forbids courts from using Select Committee submission­s in court proceeding­s, including obtaining a search warrant, under the Parliament­ary Privilege Act 2014.

He said whether the same submission reproduced online had the same privileges was a question which had not been answered in the courts before.

“If the police were unaware the blog post was reproducin­g his select committee submission, then the police couldn’t really have brought it to the judge’s attention — that’d be fair enough,” Mr Geddis said.

“But if the police were aware that this had come from a select committee submission, it would have been incumbent on the police to inform the judge that that was the case.

“And the judge would then have had to consider whether a reproducti­on of a select committee submission is protected by the same privilege as is the submission given direct to the committee, which is an as-yet unconsider­ed point of law,” Mr Geddis said.

 ?? Picture: RNZ ?? Andrew Geddis.
Picture: RNZ Andrew Geddis.

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