Coronial inquest into LynnMall attack completes first phase
Photo:
Supplied
The first phase of the coronial inquest into the LynnMall attack four years ago has concluded in Auckland on Friday.
Ahamed Samsudeen was shot and killed by police, after stabbing four women and one man with a kitchen knife at a Countdown supermarket in Auckland's New Lynn.
Two others were injured trying to stop him.
Phase one of the inquiry began last week, with two more phases expected to sit later this year.
Samsudeen was granted refugee status in 2013, identified by the SIS as a terrorist threat in early 2017 and under surveillance at the time of the attack.
Coroner Marcus Elliott set out the path the inquest would take last year, ruling it would cover Samsudeen's path to extremism, his management in the community and what happened on the day he died.
In the first phase covering the day of the attack, the coroner heard from survivors, who
talked about their experiences and the impact the attack had on them
in the years since.
CCTV footage was examined frame by frame, with police staff providing evidence on tracking Samsudeen's movements and the actions taken by officers leading up to his shooting.
Giving closing statements, police counsel Alysha McClintock said the task of the coroner was a delicate one.
"In my submission, great, great care is needed with the precision of hindsight that we now have and with the precision of these stills we have been carefully working our way through," she said.
"We have to take great care in trying to analyse in the cold light of day, in this courtroom, that material and use it as a possible ability to essentially rewrite what should have happened. In my submission, that is very dangerous indeed."
Earlier in the day, the inquest heard officers had
no option but to use lethal force
, after failing to de-escalate the situation.
McClintock said questions around using a taser to subdue Samsudeen were obvious, but ultimately, that wouldn't have changed what happened.
"The evidence that has been given in this inquiry, in my submission, has made it clear that the carrying of a taser would have made no difference in this situation, given the risk presented by what Mr Samsudeen was doing at the critical time," McClintock said.
Representing officers involved in the attack, lawyer Todd Simmonds said their decision not to follow Ahamed Samsudeen into the supermarket that day was sound.
"It was, knowing what they knew at the time, an appropriate decision to make," he said.
Simmonds echoed McClintock's warning about hindsight.
He said surveillance officers were not equipped to follow Samsudeen into the supermarket.
"Even if they had followed Mr Samsudeen into the supermarket on the afternoon in question... they would not have been in a position to incapacitate Mr Samsudeen from his ongoing attack on members of the public," Simmonds said.
Simmonds asked Coroner Marcus Elliott to consider acknowledging the actions of police on the day in his findings.
Representing the interests of Ahamed Samsudeen's family, lawyer Fletcher Pilditch said the benefit of the coronial process was that the coroner wasn't bound to label something simply wrong or right.
"The court's not bound by those polar positions" he said. "The court's in the position where it can simply, calmly, with the benefit of a great deal of information, reflect upon the facts and invite those that were involved... in this incident to simply reflect on those facts and to invite consideration going forward.
"That can be done, as I say, without any criticism, without any second-guessing of the IPCA or the findings of justified use of force - it can simply be the presentation of facts."
Pilditch said earlier intervention could have made a difference.
"His window of opportunity to inflict harm was the very opportunity created by not being surveilled within that time," he said.
"The hard reality is that, if there had been an earlier intervention, a) no-one or less people may have been harmed, and b) Mr Samsudeen may well have found himself alone in the supermarket, but for armed [Special Tactic Group] officers.
Lead counsel assisting the coroner Anna Adams was the last to give a closing statement, recapping the facts of the case, the surveillance of Samsudeen, his radical terrorist ideas and interests, and his history.
She said Samsudeen's death affected many people.
"First of all, of course, Mr Samsudeen has loving, surviving family members, who live overseas and grieve his death.
"There are the survivors, there are the officers, people most affected by this phase of the inquest, but there are also, of course, Mr Samsudeen's lawyer, the people at the mosque where he stayed - they have all suffered trauma as a result of these events."
Coroner Marcus Elliott concluded the phase, thanking those who took part.
He acknowledged the profound personal consequences and harm suffered by so many due to the events leading up to and during the attack, before finishing with a karakia.
Sign up for Ngā Pitopito Kōrero
,
a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
17 hours ago
- RNZ News
Lawyer censured for slapping one colleague's bottom, touching another's back
By Al Williams, Open Justice reporter of File photo. Photo: 123rf A lawyer who slapped a junior male colleague on the bottom and touched a female colleague's lower back during a social function has been censured. The lawyer, a partner at an unnamed firm, urged a New Zealand Law Society standards committee to consider his behaviour in context, stating that more freedom should be allowed for conduct at an out-of-office social function than during the usual working day. However, the committee found his conduct was disrespectful and discourteous towards the employees, who were both junior to him. According to a recently released decision, the behaviour occurred in the context of socialising by some staff members after a team function arranged by their firm. The partner generally accepted that some of his behaviour was inappropriate, that he had blurred professional boundaries, and had consumed excess alcohol that night. However, he did not see that as a breach of professional standards or an abuse of power towards either colleague. According to the standards committee's decision, the lawyer submitted that slapping the male employee on the bottom was "paying [him] respect" and "blokey", and that he was behaving as a friend rather than a partner in the firm. "The committee sees absolutely no circumstance in which physical contact of this type towards any colleague could be described as respectful behaviour. "The committee also considers this behaviour risks perpetuating a workplace culture that the profession is at pains to transform in relation to interactions between colleagues." The lawyer accepted that he placed his hand on the female employee's lower back as she passed through a door. In his view, doing so was "an innocuous courtesy", and he intended "nothing sexual or sinister" by it. The committee did not ascribe any sexual intent to the lawyer's actions, but found it was clear that the female employee was uncomfortable at the time and afterwards. The committee considered that physical touch on the lower back carried an element of intimacy and overfamiliarity that may reasonably have been interpreted as inappropriate by her or a reasonable observer. While there were some contexts in which this would be acceptable to both parties involved, it was likely to be perceived as flirtatious and inappropriate in others, the decision said. The lawyer's evidence was that she approached him to show him a team photograph on her phone, and he assumed her reason for doing so was for him to comment on it. Referring to the photo, the lawyer commented that the woman was "beautiful" and said that, in that context, it was not intended to be disrespectful or discourteous. The committee accepted that the woman was anticipating a comment on the group photo, but not that she was inviting a comment on her own appearance to the exclusion of others (when there was nothing to draw attention to her over any other team member in the photo). The lawyer's contention that his comment was respectful and courteous in the context was not accepted. The committee considered it was more likely than not that the lawyer's judgement about what was appropriate was impaired. "When coupled with his admitted blurring of professional boundaries, his consumption of alcohol meant he was not well placed to exercise the judgement required of him." While the committee did not identify a specific abuse of any power imbalance, it said that didn't mean an imbalance did not exist "by virtue of their roles as partner and junior members of staff". The committee considered that the team's social function, including ongoing socialising that occurred after the formal portion of the function, was a professional, collegial occasion. It found that the lawyer's conduct across the three incidents demonstrated conduct towards both employees that was disrespectful and discourteous. It was generally conduct "that would be regarded by lawyers of good standing as being unacceptable and unprofessional". Due to mitigating factors present in the case, the committee said it did not consider it necessary to impose any penalty. This story originally appeared in the New Zealand Herald.
1News
17 hours ago
- 1News
Artist says thieves likely stole huge sculpture thinking it was copper
An artist whose 5.5 metre steel sculpture was stolen from his West Auckland studio believes the thieves mistakenly thought it was made from copper. Chris Moore's sculpture, worth $50,000, was stolen from his studio in Oratia yesterday morning. His neighbour initially believed it was him when they heard noises around 6am, but "when he realised it wasn't, he turned the lights on, and I think that startled the people who were stealing it, and they took off up the road". His neighbour got in their car to follow the vehicle and watched as the artwork, which was not entirely on the trailer, got dragged up the road. However, he lost the thieves before he could get the plate number. Moore said the finisher used on his sculptures resembled bronze, and the only reason it would be stolen was if the thieves believed it was made of copper. ADVERTISEMENT "I don't think it would be worth the risk [otherwise] because it's so noticeable and so massive." Chris Moore. (Source: Although it was the first time anything had been stolen from his studio, Moore said that one of his public pieces displayed in Auckland Botanic Gardens had pieces cut off and taken before. Moore now hoped that the thieves realised that the material was not bronze and decided to dump it somewhere instead of destroying it for parts. "Because I think the scrap value if they cut it up, they'd get somewhere between $50 to $100, so it wouldn't even cover the petrol costs. "I don't think they'd be able to sell it [as it is]. I mean, even I've had trouble". Moore has been making sculptures full-time for three years, and this piece has been exhibited at Sculpture OnShore in Devonport. ADVERTISEMENT He said he has to invest all his time and money into creating pieces he's passionate about, and losing this piece would mean he would lose part of his annual income. "I've sold everything I've made, sometimes it takes a while, but eventually someone was gonna come and buy that." Moore had hope the sculpture could be found and said police had found tools left behind by the perpetrators, as well as security footage from a camera across the road, which happened to be pointed directly towards the incident. A police spokesperson said that enquiries into the theft are ongoing at this stage, and there are no updates. Anyone who has information can contact the Police via 105.
RNZ News
19 hours ago
- RNZ News
Drug farmer built 'shanty' on Waikato swampland to harvest cannabis plots
By Belinda Feek, Open Justice reporter of Huntly men Jason Evans and Jayson Woods were charged after police discovered their cannabis growing operation on the shores of Lake Waahi in Huntly. Photo: Google Maps A drug farmer built a makeshift structure on the edge of a Waikato lake so he could row out and check on his cannabis plots, which he claims were at some point worth more than $200,000. In March 2021, Jason Edward Evans, 46, spent about eight weeks building the "shanty", which sat on the shores of Lake Waahi in Huntly. He and co-offender, champion New Zealand powerlifter Jayson George Woods, then used wooden pallets to get access around the cannabis plots on the swamplands surrounding the lake. Hamilton District Court recently heard that after building the structure, Evans lived in it for at least three weeks while he tended to his crop, harvesting the plants and setting up drying racks. Parts of the area were only accessible via boat. Then, in February 2022, police discovered about 1000 cannabis plants in six different spots in the lake area, describing the cultivation as a "large-scale commercial cannabis" operation. The discovery led police to Evans and Woods. When searching Evans' home in April that year, officers also found 15 x 500ml bottles of cannabis oil, $2480 cash, ammunition, 1kg of cannabis cabbage, 10 vials of steroids, and bottles of Jungle Juice and Rush. Jungle Juice and Rush are leather cleaning products but they can also be misused for other purposes. Evans told police he had harvested more than $200,000 worth of cannabis plants from his lakeside plots and that the cannabis oil and steroids were for his personal use. Aggravating Evans' situation, he was later busted with methamphetamine, cocaine, a firearm and prohibited firearm magazines this year, while on bail for the earlier offending. He was caught with those items when a firefighter was looking for a missing cat under a bed after a suspicious fire at Evans' Huntly property. The firefighter noticed a .22 rifle under the bed and reported it to police. The rifle was loaded with six rounds of ammunition, and, as it can hold 25 cartridges, is classified as a prohibited magazine. In a black bag, officers found 1.3g of cocaine, 172mg of meth, a meth pipe, Evans' passport, driver's licence, bank cards, medication and his phone. In his garage, they discovered a lathe surrounded by more ammunition, including a Ruger magazine, silencer and other firearms parts. After the earlier cannabis discovery, police also searched Woods' Huntly home and found 216 vials of prescription-only steroids and more than 300 unidentified pills. Officers also found a "small fully functional indoor cannabis grow room" in his garage, which had 18 seedlings, lights, power ballast, a timer and a mobile air con unit. A packet of unopened bullets and $4250 were also seized. Woods, 33, accepted there were "a couple of ounces of weed" at his house and said the steroids were his. According to court documents, he said he took them "because he is a New Zealand powerlifter". At Evans' recent sentencing, his counsel, Jasper Rhodes, said in explaining the 1000-plant discovery that it was grown in the wild and only about half of it would be "usable head". "It can only be harvested once a year because of the weather," he said, before stating that it was different from a hydroponic set-up in which all plants could be harvested. Judge Arthur Tompkins pointed out that, despite that, Evans had told police he had harvested more than $200,000 worth of cannabis. Rhodes said Evans was "primarily growing for personal use". He submitted that the operation was a "one-off, unsophisticated" situation with Evans "going in and out" to the hut by kayak. "This little hut [had] no glass, no windows, no walls, basically a shanty in the middle of the bush, compared with a person who is growing in hydroponic set-ups purely for personal gain with more plants." However, Rhodes accepted the drug offending Evans committed while on bail was an aggravating feature. He said Evans had the weapons and ammunition because he'd been the victim of attempted burglaries, break-ins and a violent home invasion in which he "almost died". As for the fire, that was investigated as arson, he said. "Without suggesting he was right to have a gun, he was right that he thought he was under threat," Rhodes said. "He had a reason, not a legitimate reason," the judge replied. Rhodes pushed for an end sentence of around 18 months, which would mean his client could walk out of prison, on time served, in about a month. But, on numerous charges, including cultivation of cannabis, possession of class A, B and C drugs, unlawful possession of firearms, prohibited magazines and ammunition, Judge Tompkins jailed Evans for two years and three months. Woods was sentenced earlier to 11 months' home detention on charges including cannabis cultivation for his involvement. * This story originally appeared in the New Zealand Herald .
