Sasha Borissenko: Christchurch terror attack inquest a logistical test for victims and the ministry

The long-awaited coronial inquiry into the 2019 Christchurch terrorist attack began last week. Photo / Michael Craig

The long-awaited coronial inquiry into the 2019 Christchurch terrorist attack began last week, with Coroner Brigitte Windley geared to lead six weeks of public hearings into how authorities responded to the deaths of 51 people.

The inquiry comes more than four years after white supremacist , Brenton Tarrant opened fire at two Christchurch mosques during Friday prayers. Tarrant was convicted of terrorism, the murder of 51 people, and attempted murder of 40 people. He was sentenced to life in prison without parole.

The inquest isn’t to establish liability or negligence but to determine whether anything could be done in the future to reduce the number of fatalities.

With any legal matter comes time, energy, and costs. With the number of families at home and abroad affected and expected to attend the hearings, I made Official Information Act requests (OIAs) to the Ministry of Justice to find answers.

Ministry of Justice chief operating officer Carl Crafar prefaced his response by saying the ministry was committed to supporting the victims of the attack through the inquiry.

Victims in this context included the families of the 51 killed, the 40 people who suffered gunshot wounds, and the 209 people who were injured or bore witness to the attack.

Families of the deceased were automatically granted interested party status. Victims of gunshot wounds could register to be interested parties. Witnesses to the attack needed to seek approval as coronial inquiries are mandated to investigate circumstances of death as opposed to injury or trauma.

Legal aid for all … eventually

Legal aid was available to victims only from when the coroner’s inquest was announced on November 11, 2021, Crafar said. The Legal Services Act 2011 states that legal aid can only be granted for inquest hearings held by a coroner. In other words, legal aid wasn’t an option for those wanting general advice or support in the pre-inquiry and early-inquiry stages of the coronial process.

Instead, the ministry stepped in, funding six lawyers with experience in the Coroners Court and with Muslim communities to provide legal support between April and December 2021.

Once the Legal Services Act requirements were met, five of the six lawyers involved in the early stages of the process transferred over to legal aid.

There were nine people who were originally refused legal aid as they weren’t considered “interested parties to the inquiry at the time of their applications”. Essentially, clients first needed to seek “interested party” status before applying for legal aid. It meant that four of the nine people eventually sought “interested party” status, which was subsequently granted.

“The ministry’s cultural advisers, coronial staff, and family liaison staff have worked with victims/interested parties to ensure they know legal aid is available,” the OIA read.

A total of 78 victims - or “interested parties” - have been represented by lawyers funded through the legal aid scheme since November 2021. There has never been a cap or limit on the number of lawyers or legal aid grants available.

In December last year, 40 victims hadn’t applied for legal aid, but 25 of the 40 victims were in contact with lawyers. The remainder were regularly in contact with lawyers on significant matters in the inquiry, ensuring they could participate if they wanted to.

“The ministry has not actively investigated why some victims are not participating in the process and does not consider it is appropriate to do so.”

Translation services

I’d argue it would be appropriate for the Ministry of Justice to ascertain whether there have been unexpected barriers relating to translation, immigration, or support services in this context.

For example, the February 2022 hearing around the scope of the inquiry moved online as a result of Covid-19. While interpretation had been booked for the in-person hearing, due to the sudden change - the OIA response read - no live interpretation services were provided.

Although key written materials from the coroner to victims and summaries of various decisions, minutes, and orders have been translated and funded through the ministry, it was “unable to translate the coroner’s minutes as these are legal documents and there is a risk that key legal meanings would be lost through translation”, one OIA read.

Support services

After the attack, victims were entitled to 30 counselling sessions. Last year, the Labour Government agreed to fund $200 per session for a further 10 counselling sessions in the lead-up to the inquest.

The ministry contracts victim support services, providing emotional and practical support - including making counselling referrals - to victims. The Victim Assistance Scheme provides financial grants to victims of serious crimes to cover unexpected costs or to support victims participating in the justice process. They also have the discretion to provide grants for additional counselling services.

What does this all mean?

There have been a lot of logistical hoops to work through for everyone, and although the ministry appears to be going above and beyond, there’s no justice when you think of the inequitable nature of having hundreds of lives affected by the actions of one person.