Lawyers call for abolition of sedition laws

Timothy Selwyn was charged with sedition for putting an axe through the PM's electorate office window. Photo / Kenny Rodger

The Law Commission has formally called on Parliament to abolish laws which prohibit rebellion against the state or the inciting of lawlessness.

Commission President Sir Geoffrey Palmer said the archaic offence of sedition was too wide and unclear and had been used to muzzle unpopular political speech.

Last year the commission asked for comment on its view that sedition laws should be repealed following police reviving the dormant law.

The review followed Timothy Selwyn being found guilty of sedition after he put an axe through Prime Minister Helen Clark's electorate office window and in a pamphlet called on others to commit similar acts in response to the foreshore legislation.

The Court of Appeal yesterday rejected an appeal for the conviction saying it was sound in law.

The man was also jailed for unrelated charges of benefit fraud, but the case provoked concern about the use of sedition laws.

More recently a barman in Dunedin was charged with sedition after he published a promotional pamphlet offering students the chance to win a petrol-soaked couch and swap a litre of petrol for a litre of beer.

Sir Geoffrey said today after hearing submissions the commission had decided it was "high time" sedition laws were removed from the statutes.

The Commission's report, Reforming the Law of Sedition, tabled in Parliament today recommends the seditious offences set out in sections 81 to 85 of the Crimes Act 1961 be repealed and not replaced.

"Where behaviour that would be covered by the existing sedition provisions needs to be punished, it can be more appropriately dealt with by other provisions of the criminal law," Sir Geoffrey said.

"By abolishing sedition, we will better protect the values of democracy and free speech."

Sedition is a historic law intended to protect the Crown from attempts to undermine its authority. In New Zealand law it also stands as an offence of inciting lawlessness and disorder.

The commission said in its report to Parliament that offences such as incitement to break laws, conspiracy and treason remained in statute and charges of sedition invaded the democratic value of free speech for no adequate public reason.

- NZPA

A statement from Tim in prison…

“The Court of Appeal has not properly understood the context of the statement and has effectively ruled that there is no freedom of speech in regard to communicating with the media.”

“The Court’s decision is an abomination to justice, an assault on the press, a muzzle on dissent and a green light to police excess and as such I will fight it to the last millimeter.”

“It cannot stand. I am bitterly disappointed and aghast at the ruling”.

Tim Selwyn

http://www.tumeke.blogspot.com/

TONGAN RIOTS: DEFIANT EDITOR AND BLOGGER SAY THEY'LL KEEP EXPOSING FLAWS

NZ & OZ poaka are working in conjunction with the Tongan police.

Date: 26 March 2007

Auckland 6am: The editor of Tonga's Kele'a Newspaper has joined the list of high profiled people arrested and charged with sedition in relation to the Nukualofa riots.

Police have charged Tavake Fusimalohi, with sedition and defamation.

The sedition charges are said to relate to articles in Kele'a about the Royal family and the defamation charge to an article relating to the owner of the Shoreline Power company, Joseph Ramanlal.

Fusimalohi only just last week told Pacific Radio News that the Government has the paper under their eye and is trying to shut them down. (listen)

Meanwhile, the man behind the blogsite, Intelligensiya Dot Com, has today revealed himself to Pacific Radio News saying they're a legitimate news organisation and that they'll continue to expose the military for its abuse of human rights.

"Chief Intelligentsiya" told us he and the other bloggers will keep telling the world the untold stories of abuse that soldiers are trying to suppress.

Here he is talking to us; we've electronically distorted his voice to protect his identity. (listen)

The military has launched a major operation to find Chief Intelligentsiya and his team.

http://www.niufm.com/?t=211

Police arrested Tavake Fusimalohi, editor of Kele’a newspaper last Thursday, but later released him on bail due to ill health.

RNZI/ Pacnews Mon, 26 Mar 2007 NUKU’ALOFA, TONGA ---- The editor of a Tonga newspaper charged with sedition and defamation is due appear in court this morning, Radio New Zealand International reports. Police arrested Tavake Fusimalohi, editor of Kele’a newspaper last Thursday, but later released him on bail due to ill health. He was brought back to the police station on Friday for further interrogation. Mr Fusimalohi said Kele’a was not afraid of criticising the government and the charges brought against him were not a surprise. “Of course government is in control of the main stream media, television, radio and of course their own state-owned newspaper. And all other privately owned newspapers in Tonga are sort of pro-government for fear of what is happening to me might happen to them also.” Earlier this year, the Kele’a newspaper was forced to close after the defence force said it had been operating illegally and without a proper licence. Police say the sedition charge was in relation to articles that were printed in the Kele’a about the Royal family, and the defamation charge was brought in by Joe Ramanlal Jr relating to an article that was published by the Kele’a about him.

http://www.pmw.c2o.org/2007/tonga5125.html


TONGAN RIOTS: POLICE SUSPENSIONS OVER ABUSE OF LOCALS 'JUST TIP OF THE ICEBERG'

Date: 30 March 2007
Auckland 1pm: Police in Tonga have finally acted on complaints of police brutality against locals involved in the Black Thursday Riots.

Three officers have been suspended and are being investigated over claims of mistreament of locals, many of them youth, arrested for the riots.

Deputy police commander Taniela Faletau has confirmed the suspensions but newspaper editor Tavake Fusimalohi says it's just the tip of the iceberg.

Fusimalohi says media and human rights workers have been trying for sometime to get authorities to act on the mistreament claims.

Pacific Radio News has been covering the allegations and has been told many of those mistreated were youth.

Betty Blake, from the Legal Womens Project, says they've documented 80 cases of abuse and that they've spoken to police about them.

Blake says police have told her they'd rather locals reported the mistreatment to them rather than hear it via media. (listen)

She says the worst case of abuse they've recorded is of a 16-year-old who was beaten in jail by four police officers and who was jailed for 48 days before he was freed.