Below is an overview of High and District court proceedings leading up to Friday's attack in which Samsudeen used a knife to injure people at Countdown in New Lynn.
High Court rulings
June 29, 2018
Samsudeen plead guilty to five charges: two charges of using a document for pecuniary advantage, two charges of knowingly distributing restricted material and one charge of failing to assist the police in their exercise of a search power.
On Samsudeen's application, Justice Wylie granted Samsudeen bail pending sentence, on conditions. Those conditions included restrictions on and monitoring of his online activity and electronic devices.
You can read the judgement here.
July 3, 2018
Justice Wylie provided an oral judgement in the High Court of Auckland which granted Samsudeen further name suppression ahead of his sentencing on August 7, 2018.
Justice Wylie suppressed Samsudeen's name, address, occupation and any identifying particulars, on the basis there was a real and appreciable possibility that in the event Samsudeen's refugee status was revoked and he was deported to Sri Lanka, his safety could be in danger.
You can read the judgement here.
September 19, 2018
Samsudeen was sentenced to supervision for one year at an Auckland address for five charges he plead guilty to. He was given special conditions to assist his rehabilitation and reintegration into the community.
Samsudeen was also ordered to pay Baycorp Limited $3920 by way of reparation.
You can read Justice Wylie's sentencing notes here.
While on bail pending being sentenced by Justice Wylie, Samsudeen had been charged with further alleged offending (including possession of objectionable material and possession of a knife in a public place).
Samsudeen was remanded in custody on those charges. Accordingly, at the conclusion of Justice Wylie's sentencing, Samsudeen remained in custody.
Samsudeen's trial on the new charges was due to commence in mid-2020, but was adjourned because of the Covid-19 lockdown.
July 16, 2020
In mid-2020, the Crown applied to the High Court to also charge Samsudeen under
section 6A of the Terrorism Suppression Act 2002.
The charge would have alleged that Samsudeen, on or about August 9, 2018, planned or otherwise prepared to cause death or serious bodily injury.
Justice Mathew Downs heard the Crown's application on July 9, 2020. On July 16, the Judge concluded the charge could not be sustained because the proposed offence did not exist in law.
You can read the order here.
November 12, 2020
Samsudeen sought a discharge under section 147 of the Criminal Procedure Act 2011 (CPA) in relation to three charges he faced for possession of an offensive weapon.
It was alleged that on or about May 19, 2017 at Auckland, he had in his possession a hunting knife, in circumstances that prima facie showed an intention to use it to commit an offence involving bodily injury or the threat or fear of violence. This is charge one.
He faced a second charge that on or about August 8, 2018 he had with him in a public place a knife, and a third charge that on or about August 9, 2018 at Auckland he had a throwing star.
Justice Geoffrey Venning released an oral judgement that Samsudeen was discharged under section 147 of the CPA in relation to charges one and three. The application in relation to charge two was dismissed.
July 6, 2021
Samsudeen's trial before Justice Sally Fitzgerald and a jury began on May 17, 2021.
Samsudeen faced three charges of knowingly possessing objectionable material without
reasonable cause, one charge of possession of a knife in a public place without reasonable excuse and one charge of failing to assist a police officer exercise a search power. The objectionable material related to Isis propaganda.
On May 27, a jury found Samsudeen guilty on two of the three possession
of objectionable material charges, and the charge of failing to assist a police officer
exercise a search power.
The jury found Samsudeen not guilty of possession of a knife in a public place and of the remaining charge of possession of objectionable material.
Justice Fitzgerald sentenced Samsudeen on July 6, 2021 to one year of supervision, again subject to conditions relating to monitoring of Samsudeen's online activity and engaging in rehabilitative assessments.
You can read Justice Fitzgerald's sentencing notes here.
September 3, 2021
The Crown filed an urgent memorandum seeking that Justice Wylie's suppression order relating to Samsudeen should be lifted after the events at the New Lynn Mall on Friday, September 3.
Justice Wylie revoked that suppression order at the High Court in Auckland.
You can read the order here.
September 4, 2021
A further hearing was convened before Justice Wylie to consider the application of section 151 of the Immigration Act 2009 to previous minutes and judgments of the Court.
Section 151 imposes statutory confidentiality of details concerning persons applying for and granted refugee status, and related matters. After hearing from counsel for the Crown, Samsudeen's family and the media, Justice Wylie ruled that the statutory confidentiality obligations pursuant to s 151 no longer apply.
You can read the ruling here.
District Court rulings
July 13, 2021
One charge of injuring with reckless disregard, and another charge of assault with intent to injure at Mt Eden on June 23, 2020 were both filed in the District Court against Samsudeen on September 5, 2020.
Samsudeen pleaded not guilty and was remanded in custody. He was granted bail by
Judge Peter Winter in the Auckland District Court on July 13, 2021.
July 16, 2021
Samsudeen's bail bond was amended in Auckland District Court by Judge Peter Winter.
The conditions of his bail were to reside at a specific address, not to associate or have contact directly or indirectly with complainants, to abide by all of the conditions of the sentence imposed by Justice Fitzgerald in the High Court on 6 July 2021, and not to offer or threaten violence to anyone.
You can read the bail application notes here.
September 4, 2021
Judge Winter revoked his name suppression order relating to Samsudeen, made in Auckland District Court on July 16, 2020, following the events at the New Lynn Mall on Friday.
You can read the order here.
