Conspiracy theorist Billy Te Kahika appeals jail term

Conspiracy theorist Billy Te Kahika has appealed the High Court decision to send him to jail for organising a protest on the first day of the Covid-19 lockdown in 2021.

Te Kahika and Vinny Eastwood were found guilty of intentionally failing to comply with the Covid-19 Public Health Response Act by organising and attending the protest.

The pair were handed short jail sentences in March by Judge Peter Winter, but their lawyers immediately asked for the men to be granted bail, pending an appeal being heard in the High Court.

The protest took place outside the TVNZ building in central Auckland on the first day of the level 4 lockdown on August 18, 2021.

At trial, Te Kahika said he told police about his intention to organise a protest for 200 to 300 people.

He said he wanted police to be present to ensure the safety of protesters, the public and to prevent disorderly behaviour and violence.

But police had advised him against proceeding with the protest as it was illegal and he would be at risk of arrest.

Te Kahika posted live on social media ahead of the protests, encouraging others to attend and included a bank account number to contribute to his costs and expenses.

He and Eastwood appeared before Justice Neil Campbell at the High Court in Auckland on Monday afternoon to appeal the judgement.

Crown prosecutor Matthew Nathan told the court there had been “no demonstrable error” in Judge Winter’s earlier findings.

“The simple fact was both of these persons were in control of the protest. It was obvious to both of them there was no compliance with Covid-19 orders, and they made no attempt to control it.”

Te Kahika’s lawyer, Paul Borich KC, said it was clear Judge Winter had taken a “dim view” of Te Kahika during sentencing.

“There’s nothing in the evidence to support that view, apart from the fact he decided to protest and not socially distance.

“There was no evidence before Judge Winter that there was transmission of Covid-19 at the protest.”

Borich also argued since Te Kahika had no previous convictions and a long list of references and community contributions, a starting point of five months imprisonment was too high.

“If his offending was as serious as the police and Judge Winter contended, why weren’t all the attendees of the protest arrested too?

“No property was damaged or people injured, which demonstrates this sentence is an outlier. For what Mr Te Kahika did he’s received the highest sentence ever imposed for a Covid-19 offence.”

Justice Campbell reserved his decision on both of the appeals.

Whānau and followers of Te Kahika gathered outside the court afterward for a karakia.

Te Kahika spoke to the crowd of 30 or so people and thanked them for attending.