Kanak sympathiser wins firearms licence appeal

Press, 8 December 1987, Page 23

Kanak sympathiser wins firearms licence appeal

A Christchurch man who is involved in the Kanak independence movement in New Caledonia was successful in an appeal in the District Court in Christchurch yesterday against the police’s opposition to his application for a firearms licence.

The appellant, David Thomas Small, aged 27, had said in evidence that he intended the licence for a shotgun to shoot rabbits and opossums in a rural area of Canterbury, where his father had purchased a property. The police, however, conceding that Mr Small’s character was not in issue, based their opposition largely on the fact that a weapon could pass into the hands of Mr Small’s wife, a Kanak national and leader in the independence movement. Superintendent Brian John Williams, of Wellington, who had refused Mr Small’s original application for a licence, said in evidence that his primary concern was to protect the French Embassy staff in Wellington. Should a firearm fall into the wrong hands, such protection could not be guaranteed. Judge Anderson, allowing Mr Small’s appeal relied to an extent on a letter Mr Small obtained

from the Ministry of Foreign Affairs. This had said that it considered the statement that the Kanak independence movement was in armed conflict, was erroneous and completely misrepresented the situation there. The letter, written by Mr M. J. Forbes, for the secretary of Foreign Affairs, went on that it was true that the Kanaks were seeking independence for New Caledonia. They were doing this in a peaceful way that was fully consistent with established United Nations practice on decolonisation issues. The pro-independence Kanak party had made representations to the Chirac Government in Paris about their concerns, and when these had not been taken into consideration it had led to peaceful demonstrations in Noumea. Granting the appeal, the Judge said the evidence before him, both written and verbal, did not support the objection raised by the Police Department. It fell short of his being able to hold that Mrs Small, a person who would have “access” to a firearm owned by her husband, was not a fit and proper person. However, the Judge

said the emotion engendered by Mr Small in his cross-examination of Superintendent Williams, was a matter which concerned him. Any person seeking a firearms licence had to act responsibly and with maturity and judgment. “In my view there is just a little disquiet. It is not the New Zealand police that is here on trial. They have a task to do and have done it properly. These matters had to be brought before the court for a decision. The Judge said a second observation he wished to make wad that there appeared to be ample grounds for an arms licence to be endorsed that only one firearm could be owned by a particular licensee. “It may well be that the legislature did not envisage this type of matter and I have no power to impose such a condition or endorsement on a licence.” However, the Judge said he intended to bring this matter to the notice of the apprpriate authorities so that they could consider introducing a provision for such an endorsement on an arms licence. In evidence, Mr Small said he had applied for

the firearms licence in May after he and his wife had dicussed the lifestyle they would lead. She was in New Caledonia and he had been trying unsuccessfully to gain entry there to join her. Subsequently, she joined him in New Zealand and they lived in Wellington, then moved to Christchurch, his home city, and where his family lived. “Part of their thinking” was that they would grow a garden and do some development and hunting on an area of land his parents had purchased near Glentunnel. He intended the shotgun he planned to purchase, to hunt rabbits. There were a lot of rabbits in that area and also he was going to get some opossums. Mr Small said he had a Master of Arts degree in education and political science from the University of Canterbury, and intended to study for an honours degree next year. Mr Small said he had no criminal convictions and did not think there would be any problem with his application for a firearms licence. Mr Small said in crossexamination by Sergeant W. P. Creasey, who pro-

secuted, that he had been on a 20-day hunger strike outside the French Embassy in Wellington in May, protesting at being refused a visa to travel to New Caledonia, where his wife was at the time. Mr Small’s wife, Suzanna Ounei, gave evidence in support of her husband’s application and told of her Involvement with the Kanak independence movement. She said in evidence and cross-examination that only peaceful protest had been used by the organisation. In an armed struggle the Kanak, who were heavily outnumbered, would be wiped out. An armed struggle would be a mistake, Mrs Small said. Cross-examined, she said she had been a member of the independence movement since 1969. To the Judge, she agreed that there was anger among the Kanaks against authorities in New Caledonia. There was a lot of emotion because they had lost so many of their people. The Judge asked whether, if she had access to a firearm and a situation developed “even in Christchurch with one of these white people,” whether she would pick up a rifle and use it.

Mrs Small said it was not she who wanted the firearm. It was for her husband. Superintendent Williams, in his evidencce traversed Mr Small’s applying for a firearms licence, and the police’s subsequent investigations which led to his decision not to grant a licence. He produced a number of newspaper articles which he said described the nature of present violence in New Caledonia. He said these articles had a considerable bearing on his decision to decline the issue of a firearms licence to Mr Small. The witness said police inquiries shwoed he was married to Suzanna Ounei, a New Caledonian national who was strongly involved in the Kanak independence movement. An article in the “Dominion” newspaper on June 6 described her as a leader of the Kanak independence movement, and said that both were committed to the fight for Kanak independence. She was purportedly the publisher of the Kanak Socialist Action Front newspaper, “Bwenando,” and founder leader of the feminist group within the organisation. After they were

married in Christchurch last November, Mrs Small returned to New Caledonia in January and Mr Small was to follow soon after. He applied to the French Embassy in Wellington for a visa to enter New Caledonia but was refused. Mr Small then staged a 20-day hunger strike Outside the French Embassy in May. Superintendent Williams said the police criminal intelligence section viewed the application with some apprehension because of Mr Small’s involvement with the Kanak independence movement in New Caledonia. Their concern was reinforced because the French Embassy had refused to issue a visa for Mr Small to enter New Caledonia. The section believed that the two had strong views on the French-New Caledonia issue. "In these circumstances there is always the potential for criminal acts to be committed, especially when people are emotionally involved, or under emotional strain. “It is impossible to visualise what is in the minds of people involved in such situations.”

The superintendent said a high degree of care had to be exercised before a firearms licence was issued, so as to avoid armed incidents such as had occurred overseas. “I was mindful of the fact that Mr Small was 27 years old and apparently had not before applied to obtain a firearm. The timing of his application was bad. If he was truly interested in obtaining a firearm to hunt small game then why did he not apply at a much younger age? He could have obtained one at age 16.” Superintendent Williams said he was not satisfied that a firearms permit should be issued. "The French Embassy in Wellington would be most concerned if Mr Small was issued with a firearms licence. “Such a licence would enable him to obtain an unlimited number of weapons under the one licence.” The sale of arms and ammunition to the general population was banned ih New Caledonia. The applicaton was declined on August 6, under provisions of the Arms Act, “in the public interest,” Superintendent Williams said.