18 Feb 2022

Wellington High Court criminal trial adjourned due to protest disruption

8:37 am on 18 February 2022

A criminal trial due to start on Monday has been adjourned because the defendant cannot get access to the High Court in Wellington.

Protest

Protesters' vehicles have been blocking streets near Parliament in Wellington for about 11 days. Photo: RNZ / Angus Dreaver

This is because cars from protesters at Parliament are blocking the roads.

The trial was for a case of sexual violation and had been set down for one week.

An Office of the Chief Justice spokesperson said it was possible all criminal cases involving defendants appearing in person may have to be adjourned until access was restored.

"The Wellington High Court has continued to undertake its scheduled work but under difficult conditions due to the protest action.

"All areas of vehicle access to the High Court have been affected."

Wellington human rights lawyer Douglas Ewen said it was unacceptable that protest action prevented others having access to the court system.

"It demonstrates that the people on the other side of Molesworth Street from the High Court have got a very one-dimensional concept of human rights, and it's their rights - the rights of other people simply don't seem to exist, they're relegated out of any importance to them."

It was "especially troubling" in relation to a criminal trial, where someone could be kept in custody for longer before they could have their case heard, and jurors must be able to focus on the evidence, he said.

"You do not want to have people who are potentially rushing to decisions just to get out of the building because they don't feel safe going to or coming from [the court], with the prospect of being assaulted coming out of the High Court for having the temerity to wear a mask in public."

On Monday and Tuesday, the judicial review brought by group Grounded Kiwis was heard in the High Court.

Public access was limited to 15 people due to the red traffic light setting, but that was changed last-minute because of the protest.

Tea Clougher had travelled from Te Anau to watch the proceedings, and said it was deflating not to get their day in court.

"We were all pre-registered so they knew exactly who we were. They could have done any checks to make sure we were who we were and it was only 15 of us.

"We're not a mob or a throng or a hoard. We were 15 intellectual people who wanted to be in court."

The Court of Appeal, which is only just up the road, has also shut its office because of the noise.

Its cases were already being held online under the red traffic light setting.

"The Court of Appeal building has been closed since Monday, and judges and staff are working offsite, because road closures and noise associated with the protest action have made on-site operation untenable," the spokesperson said.

The spokesperson would not comment on whether any extra security precautions were being taken by way of escorting judges, lawyers and other court staff in and out of the building.

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