Ahamed Samsudeen spent the better part of four years in custody. Photo: New Zealand Herald / Greg Bowker
Authorities' failure to provide the LynnMall terror attacker with religious support in custody may have contributed to his radicalisation and later violence, a lawyer for his family says.
Ahamed Samsudeen seriously injured five people in a stabbing at a West Auckland supermarket in September 2021.
A sixth person had minor injuries and a seventh dislocated his shoulder trying to stop the attack.
Samsudeen, who had recently been released from prison and was under active surveillance, was shot dead by police.
Coroner Marcus Elliott is conducting a hearing in Auckland to determine the scope and form of a coronial inquiry into Samsudeen's death.
On Monday, he heard from lawyer Max Harris, who represents Samsudeen's family.
In their submission to the court, the family said the coronial inquiry should investigate Samsudeen's treatment in custody and whether that was relevant to his terror attack and death.
Samsudeen came to New Zealand from Sri Lanka in 2011 and was granted refugee status as a Tamil Muslim.
Authorities began monitoring him in 2015 due to his interest in the Islamic State. He was arrested at Auckland Airport in 2017 after allegedly saying he was going to join ISIS in Syria.
Samsudeen spent much of the next four years in and out of prison on remand.
At trials in 2018 and 2021, he was found guilty of possessing and distributing Isis propaganda and sentenced to supervision due to the time he had already spent in custody.
He carried out the knife attack and died just months after his 2021 release.
During his time in prison, Samsudeen asked for religious support, but was not able to see an imam for years.
Ahamed Samsudeen seriously injured five people at the LynnMall Countdown in 2021. Photo: RNZ / Liu Chen
This "increased [his] frustration and anger at authorities", the family's submission said.
"It is at least plausible that the absence of religious support contributed to Mr Samsudeen's radicalisation, actions, and death.
"Religious support may have provided personal solace and comfort, and may also have shifted Mr Samsudeen's belief systems."
The family also asked the coroner to examine Corrections' failure to provide Samsudeen with mental health support while in custody, despite authorities knowing as early as 2012 - when he applied for refugee status - that he suffered from post-traumatic stress disorder and depression.
He received no mental health support during his first period in custody, and was twice declined a mental health referral during his second period in custody, even though he reported anxiety and panic attacks.
The family asked the coroner to extend the scope of the inquiry to include the immigration system's "failings", as early as 2013, in its response to Samsudeen's mental health problems.
In that year, a psychologist met twice with Samsudeen for six hours and advised authorities to refer him to the organisation Refugees as Survivors for support, but that was not done.
Including that period in the inquiry would be "an important signal of the centrality of early intervention in cases such as this one", the family's submission said.
"It would also indicate that those granted refugee status are at-risk and should not be left on their own when mental health challenges are flagged, in addition to past trauma."
The family also asked the coroner to look at whether Samsudeen's time spent in prison and in solitary confinement "increased the risk" that he would carry out a violent attack.
Earlier, the coroner heard survivors of the attack were still experiencing distress and "severe trauma" years on.
"A number describe being unable to cope with everyday events such as a visit to the supermarket, the sounds of sirens, the sound of screaming (even on television), or the sight of a cooking knife. These are triggers for distress and anxiety for the survivors," coroner's counsel Anna Adams said.
"As a result of the incident, many also suffered serious impacts on their families, their relationships with their partners and children, their working lives, their ability to earn an income and their everyday happiness. This is the traumatic legacy of Mr Samsudeen's death for the survivors."
The survivors asked the coroner to hold an inquest into the attack so it could have a "public airing".
