Covid law defence: Man cites wisdom of Charles II

Graham Philip appeared via audiovisual link at Taupō District Court. Photo: Benn Bathgate/Stuff.

The first man to be charged with sabotage in New Zealand has opted to fight a separate Covid-19 infringement charge of $300, citing the Magna Carta and 'the wisdom of Charles II” as his key defence arguments.

Graham Philip appeared at the Taupō District Court on Tuesday to face one charge, relating to August 31 last year during a Covid lockdown, of having 'failed to remain at current home/residence other than for essential movements”.

Philip pleaded not guilty and said he would cite the Magna Carta, freedom of association and 'the wisdom of Charles II” in his defence.

'I intend to say that [freedom of association] has been trampled over by the unconstitutional Covid laws,” he said.

Philip, who is representing himself, also described the charge as 'inconsequential”.

He also asked Judge Marie McKenzie: 'In what capacity are you appearing today – as a judge or yourself?”

McKenzie had earlier told Philips he had three options at the hearing: appoint a lawyer to represent him; continue to plead not guilty and opt for a judge to decide; or withdraw his plea and pay the $300 infringement.

Philip said he wanted a judge-alone trial, which was set down for two hours on December 19 this year.

Asked whether that date suited, he told the judge 'I'm not going anywhere. I'm in jail.”

In a dictated minute, McKenzie said she would paraphrase what she understood as the trial issue, 'at least from his perspective”.

'He wishes to rely on the Magna Carta and the wisdoms of King Charles II ... that the Covid laws are null and void.”

She also agreed to Philip's request for the court record to note he was on remand for the sabotage charges, not the infringement matter at hand.

Philip faces seven unrelated charges of sabotage.

The charges carry a maximum penalty of 10 years' imprisonment, and his other charge of entering agricultural land with intent to commit an imprisonable offence also carries a 10-year jail term maximum.

He has pleaded not guilty to all charges amid a string of heavily suppressed court appearances after an eight-month journey through the justice system.

Philips could only be named in July after suppression orders lapsed.

According to information from the Ministry of Justice, obtained by Stuff via an Official Information Act request, Philip is the first person to face sabotage charges.

The Ministry's Case Management System holds records from 1980 onwards,” the OIA response said.

'A search of the Case Management System for records for the period of January 1, 1980, and December 31, 2021, for charges or convictions of sabotage produced no results.”

Stuff understands that even before 1980, no New Zealander has ever faced charges of sabotage.

Legal restrictions requested by Crown prosecutors over fears of copycat offending mean Stuff is unable to reveal the target of Philip's alleged sabotage, but the Crown Charge Notice document notes the charges relate to alleged offending between November 6 and December 6 last year.

-Benn Bathgate/Stuff.

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