A coronial court heard from the Human Rights Commission and the terrorist's lawyer, in the final day of a scope hearing on the Christchurch terror attacks yesterday.
Photo: POOL / STUFF LTD
Submissions covered the Royal Commission of Inquiry into the 2019 massacre and whether the government had been held to account for its failings.
Nicky Wynne, one of the lawyers who represented the Human Rights Commission, said the government should be held accountable for the surveillance of Muslim communities instead of white supremacist groups before the attack occurred.
She said the Royal Commission's report did not go far enough and more investigation into institutional bias is needed.
"We are left with the lingering impression of insufficient government accountability as to the issue of institutional bias. There must be a sufficient element of public scrutiny and that extends to situations in which it is alleged public officials have negligently failed to prevent a terrorist attack."
But while the Human Rights Commission wants to build off the report, the terrorist's lawyer, Ron Mansfield QC, wants it disregarded entirely.
"The answer is rather straightforward in my submission, it was a failure in the exercise of natural justice and I would suggest that you do in fact put a red line through the report."
Ron Mansfield QC invited the Coroner to put a red line through the report of the Royal Commission of Inquiry into the mosque attacks. Photo: RNZ / Dan Cook
Mansfield said although Brenton Tarrant was compliant and prepared to speak, Corrections denied him critical materials and access to the Royal Commission.
"He didn't receive a transcript of his statements, he didn't receive a draft report, even though it dealt with him in much detail, and he didn't receive a final report.
"He only received a final copy of the report on 15 February this year."
The Royal Commission of Inquiry's report was released in December 2020.
Mansfield said the terrorist's restricted engagement with the Royal Commission has caused errors to be made in the report.
"That logically means he's had an inability to be able to correspond with the commission regarding mistakes of fact that he asserts are made within the report."
"Facts which are relied on by the Royal Commission for its recommendations," he said.
He told the Coroner that his client intended seeking a judicial review of the Royal Commission's report.
Mansfield believed the victim's families, the terrorist and the public would benefit from being able to test evidence in an open court.
In her closing remarks, Coroner Brigitte Windley said the hearing has given her a better understanding of events.
"It's an opportunity mostly for me to listen, but also to probe more into what interested parties say, so I have a better understanding of the positions.
"I'm most grateful for all of the submissions that have been made in writing and also given at this hearing. They've been made with a clear purpose of seeking answers and accountability."
Coroner Brigitte Windley says the hearing has given her a better understanding of the events surrounding the terror attacks. Photo: POOL / STUFF LTD
She told the court a big job lies ahead of her.
"I've heard the submissions of interested parties inviting me to be brave and to be fearless and to play my part to heal the deep wounds from the 15th March atrocities. I have much to reflect upon in coming to a decision on the scope."
One last acknowledgement of the families' grief ended the court proceedings.
"To those who lost a loved one, to the survivors and those who have been affected by the events of the March 15th attacks, I again extend my deepest sympathies," Coroner Windley said.
"Please know that my thoughts, and the thoughts of those assisting me with the inquiry, are with you as we approach the third anniversary of the tragedy."
No date has been set for the release of the Coroner's decision on what the next steps will be and if a formal inquest will be held.
