Tuhoe activist Tame Iti doubts he would be in court on firearms charges had television cameras not been present at a January protest at Ruatoki in the Eastern Bay of Plenty.
The 54-year-old mental health worker told a Whakatane District Court depositions hearing yesterday that if his face were not so well known nationally, if television images of the Waitangi Tribunal's visit had not been aired on the national news and if the issue had not been debated in Parliament "we would not be in this situation we have now".
Iti, defending himself on a charge of possessing a firearm in a public place without lawful purpose, told community magistrates Kevin Hurley and Heather White it was not uncommon on significant occasions for Tuhoe to brandish firearms ceremonially on their own territory.
Tribunal members had witnessed it before, including at Waimana and Waikaremoana. "This is a significant thing for the hapu of Tuhoe.
"While I stand here accused it is the whole of Tuhoe and its customs on trial," said Iti.
He gave his evidence in Maori, which interpreter Rangi McGarvey translated for the court.
"I am only a face and a body representing Tuhoe," Iti said.
It was clear to him that the Whakatane police chief was directed to take the matter further. "We are not talking here about a crazed gunman running around the town."
The occasion was a cultural welcome for special guests.
"It is of no matter for me if you imprison me for this insignificant matter," said Iti.
"No doubt this is tiresome for you, me and for the police. They should be out catching real crooks."
Under cross examination by prosecutor Senior Sergeant Tony Rielly, Iti refused to concede he had shot at a NZ flag about 15m from tribunal members as they waited to be welcomed on to the marae. "It was a tattered article."
Although it was an offence under NZ law to hold a firearm without a licence it was not under Tuhoe law, he said.
He did not have to obey the mainstream law because, he told Mr Rielly, "you are not a Maori chief".
The officer in charge of Whakatane police, Senior Sergeant Bruce Jenkins, denied any political pressure was placed on him to charge Iti after the January 6 demonstration.
He decided after viewing television news coverage of the event.
Under cross examination by Iti he did say, however, that Bay of Plenty police district headquarters had inquired about the status of the investigation in early February.
At times Iti became frustrated during his lengthy questioning of Mr Jenkins and reverted to English rather than use the interpreter.
The officer said that when Iti was asked why he had shot the NZ flag Iti retorted: "A NZ flag made in Taiwan."
Last night, the hearing was adjourned until June 20.
If the case progresses to a jury hearing and Iti is found guilty he could face up to four years in prison.
Iti blames gun charges on publicity
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