PM investigates deportation options
Prime Minister Jacinda Ardern is seeking advice about possible deportation of the man accused of the mosque shootings.
Brenton Tarrant is Australian and had been living in Dunedin until his alleged killing spree at two Christchurch mosques on Friday.
Ardern was asked by reporters on Saturday whether Tarrant was likely to be deported to Australia.
“I don’t want to go too far down that track while we’re obviously in early stages. Charges have been laid, we can expect additional charges, he’ll be appearing in the High Court on the 5th of April, so there’s obviously a process that needs to be gone through here. But I can say I am seeking advice on what will happen thereafter.”
Asked yesterday whether Ardern was referring to deportation before a sentence was served or after, a spokesman said she was looking at the issue in its entirety and getting advice on all options.
Tarrant did not require a visa to enter New Zealand because as an Australian he was able to enter the country and live here without one.
Immigration NZ said Australians were subject to the same deportation liability as any other visitor.
Tarrant is charged with one count of murder under the Crimes Act. Police Commissioner Mike Bush said that would change and police were considering all acts they could lay charges under, including the Terrorism Suppression Act and more under the Crimes Act.
Tarrant’s alleged crimes would qualify him for a sentence of life in prison if convicted.
Law Professor Andrew Geddis, of the University of Otago, was unsure whether NZ and Australia had an agreement whereby prisoners convicted in one country could serve their sentence in their home country, but said Australia would not want Tarrant back if he was convicted.
“I’m thinking it would require some kind of a one-off deal with Australia to allow that to happen,” Geddis said.
Tarrant could face charges including 50 for murder, 50 for attempted murder and firearms charges under the Crimes Act, but charges under the Terrorism Suppression Act required more consideration.
“It’s an offence to engage in a terrorist act. The definition of terrorist act requires proving both a purpose for your action and an intent. So you have to show your purpose was to further your ideological aims and your intent was to cause terror within the civilian population. Those are both difficult things to prove to a standard that you can use in court. Furthermore, Terrorism Suppression Act charges require consent of the Attorney-General to be brought.”