Snared in an undercover trap<\/p>\n
At a court martial at Linton Military Camp near Palmerston North last year, the soldier was sentenced to two years of military detention after admitting a charge of attempted espionage. He was also kicked out of the military.<\/p>\n
Authorities zeroed in on the soldier after the 2019 Christchurch mosque attacks due to his links to far-right groups, Action Zealandia and the Dominion Movement.<\/p>\n
The then-27-year-old was twice questioned by police about his involvement in the New Zealand identitarian movement, which is concerned with preserving white European identity.<\/p>\n
His defence lawyer told his court martial the soldier felt under so much scrutiny that he expressed a desire to defect. The soldier said this was because he feared for his safety in New Zealand.<\/p>\n
Later that year he was caught in a sting, where he thought he was handing over information to a foreign country, whose name is suppressed.<\/p>\n
The soldier was contacted by an undercover officer purporting to represent that country in November and the pair met the next day. The soldier had, as asked, prepared a document outlining how he was prepared to help the foreign country.<\/p>\n
As contact developed he passed or attempted to pass on sensitive material, such as maps of defence bases, his password to the Defence Force integrated exchange system and his ID card.<\/p>\n
The soldier was arrested in late 2019. After a short period in military detention he was under open arrest until his Court Martial in August.<\/p>\n
The soldier also admitted charges of dishonestly accessing a computer system and possessing objectionable material. That was a video of the 2019 Christchurch mosque attack and a copy of the terrorist\u2019s manifesto, found when he was arrested.<\/p>\n
\u2018Traitor to his country\u2019<\/p>\n
The Crown appealed against the sentence of military detention, arguing it was inadequate, and saying only time served in a civilian jail would suffice.<\/p>\n
\u201cThe absence of loyalty, betrayal of oath and being a traitor to his country are characteristics of this offending,\u201d Crown prosecutor Lieutenant Colonel Rob Goguel told the Court Martial Appeal Court during a hearing in October.<\/p>\n
Defence lawyer Steve Winter argued the soldier\u2019s crimes were against the military ethos, and a military solution would be best for a charge of attempted espionage.<\/p>\n
In its ruling, the appeal court said the starting point of the court martial judge\u2019s sentencing calculations was too low.<\/p>\n
It found the judge was right to allow a discount in sentencing for the lengthy time it took from the soldier\u2019s arrest until his Court Martial hearing, although overall reductions were slightly too generous.<\/p>\n
It acknowledged the court martial judge sentenced the soldier to the maximum allowed term of military detention.<\/p>\n
\u201cHowever, in the circumstances of this case, we accept the Crown\u2019s central submission that a sentence of imprisonment was required to prove a proportionate response to the offending,\u201d the appeal court judgment said.<\/p>\n
\u201cIn concluding otherwise, the court martial underweighted the purposes of denunciation and deterrence and overweighted to purposes of rehabilitation and reintegration.\u201d<\/p>\n
Had a civilian offended in a similar way the appeal court said only a prison sentence would be considered appropriate.<\/p>\n
The appeal court judgment said the soldier\u2019s ability to reintegrate into society after prison would be no better if he served time in military detention, compared with a civilian jail.<\/p>\n
If he were considered at risk in jail, because of his offending, Corrections had ways to deal with that.<\/p>\n
The appeal court said two years and three months\u2019 jail would have been appropriate.<\/p>\n
Because the soldier had already spent eight months in military detention, he would now serve 15 months in jail.<\/p>\n
He won\u2019t have to appear in front of the Parole Board. Instead, he goes before a Reconsideration Authority every six months. The authority can slash the sentence on grounds such as good conduct.<\/p>\n
Public interest in naming soldier<\/p>\n
The appeal court agreed with the decision made at the court martial not to suppress the soldier\u2019s name.<\/p>\n
But because he might file a further appeal, he cannot yet be named.<\/p>\n
At the court martial the soldier\u2019s lawyers argued his name should be suppressed because naming him would cause extreme hardship to him, his wife and children; his wife and children would be in danger; and it would prejudice the security or defence of New Zealand.<\/p>\n
The judge declined suppression, saying even if the thresholds for these grounds were reached, he wouldn\u2019t have granted suppression as public interest outweighed the concerns of the soldier.<\/p>\n
Now, the appeal court has ruled against suppression, agreeing with the court martial judge that open justice trumped the soldier\u2019s interests.<\/p>\n
Foreign country forever secret<\/p>\n
RNZ sought permission to appeal against the decision to suppress the name of the country the soldier thought he was passing information to.<\/p>\n
At the appeal hearing, RNZ was represented by Robert Stewart KC, who said media were initially unable to see material relating to the matter.<\/p>\n
After undergoing security vetting it was made available, and Stewart said concerns about the suppression order were \u201cheightened\u201d as a result.<\/p>\n
Stewart said the law was changed more than a decade ago to give media the right to take part in suppression discussions in civilian courts and courts martial.<\/p>\n
But he acknowledged there was nothing allowing them to make appeals about rulings at courts martial.<\/p>\n
The appeal court ruled because of this, RNZ would not be granted leave to appeal.<\/p>\n
It said the gap in the law was addressed in a bill before parliament, but that was not enforceable in this case.<\/p>\n
\u201cEven if there were jurisdiction, we do not consider the merits of this application are strong,\u201d the appeal court judgment said.<\/p>\n
The soldier initially faced 17 charges under the Armed Forces Discipline Act. A years-long period of pre-trial hearing then followed.<\/p>\n
Those 17 charges were withdrawn in March 2025 and replaced by the three charges the soldier admitted.<\/p>\n
The soldier didn\u2019t speak during his Court Martial, but a statement from him was read by his lawyer.<\/p>\n
\u201cBoth of these groups are no more than groups of friends with similar points of view to my own,\u201d the soldier said of Action Zealandia and the Dominion Movement.<\/p>\n
\u201cBoth of these groups were a positive experience for me. We tried to support each other in a social environment.\u201d<\/p>\n
The soldier described himself as a proud New Zealander, saying that was why he joined the army.<\/p>\n
He said he did not support the Christchurch mosque attacker\u2019s ideology and the March 2019 attack had shocked and confused him.<\/p>\n
The soldier said after his arrest he was subject to harassment, including someone trying to knock him off his bike when he was riding with a young child.<\/p>\n
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