It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
The judge who presides over the case of the accused Christchurch gunman may invoke a rarely used order and hold the trial behind locked doors to protect “the security or defence of New Zealand”.
The trial may also be held outside of Canterbury and potentially without any Muslim jurors, but a criminal justice expert says a carefully selected jury will ensure a fair trial, the New Zealand Herald reported.
Concerns were raised earlier this week when the Herald revealed accused mosque gunman Brenton Tarrant will represent himself in court, potentially turning his trial into a platform for his extreme beliefs — detailed in his manifesto.
However, the High Court judge who will preside over what will be an unprecedented trial will have a range of laws at their disposal to maintain order — one of which could be holding the trial behind locked doors, with even members of the press banned from attending.
New Zealand’s criminal justice system is generally open to the public, but under the Criminal Procedure Act, any New Zealand judge has the power to clear their court.
This most often occurs when a complainant gives evidence in cases of a sexual nature.
However, the judge has the ability to exclude people when it is necessary to avoid undue disruption to the proceedings.
Other reasons to close the court include a real risk of prejudice to a fair trial, endangering the safety of any person, prejudicing the maintenance of the law — including the prevention, investigation and detection of offences — and when a suppression order is not sufficient to avoid that risk.
A judge can also clear the court if they believe it will avoid prejudicing the security or defence of New Zealand. This is also the only type of order that forces members of the media to leave a court.
"to protect the security or defence of New Zealand”.
originally posted by: SocratesJohnson
a reply to: Xcalibur254
The mosque where the Muslim fired a gun at the attackers, was that a legal gun?