A man has been charged with the attempted murder of Tribesmen president Dion "Buzz" Snell. Photo / NZME
A Tribesmen member accused of trying to murder his own gang’s boss has lost his fight to keep his name secret, but it cannot yet be revealed pending appeal.
The defendant was arrested in December, more than a month after the gang’s national president Dion “Buzz” Snell was shot in an Ōtara car park as he and fellow Tribesmen members celebrated Samoa’s victory over Tonga in the Rugby League World Cup.
The defendant pleaded not guilty to the attempted murder charge last month and is set to go to trial next year.
Authorities allege the defendant walked up to Snell at the gathering and the two briefly exchanged words before the defendant pulled out a concealed gun and opened fire on Snell, who fled on foot. Snell suffered gunshot wounds to his forearm and to his lower chest, with the bullet passing through his stomach.
Snell showed up at Middlemore Hospital that same day with what police would later describe as critical injuries.
But due to the trajectory of the bullets the wounds were not ultimately deadly, and four days later Snell was riding his motorbike at a Kumeu vineyard, where the gang’s Ōtara chapter was celebrating its 40th anniversary.
Police said the Armed Offenders Squad executed a search warrant at a Manurewa address a month later as the defendant was taken into custody.
Crown prosecutor Chris Howard opposed continued name suppression during today’s hearing in the High Court at Auckland, pointing out the alleged incident was carried out in full view of multiple Tribesmen members with no attempt for the shooter to disguise himself. If there is a danger, it wouldn’t be due to the publication of the defendant’s name because gang members already know who he is, Howard argued.
Defence lawyers Ish Jayanandan and Hannah Kim acknowledged that fellow Tribesmen members already know of the defendant, having ordered his family to return his patch and his motorbike. But the publication of his name could create a new threat with different gangs who might not yet know his identity, they argued, adding that their client doesn’t have faith in Corrections’ ability to keep him safe - even in segregation.
“If the name is published, then any Tom, Dick or Harry from any gang is able to carry out that threat,” Kim said. “It only requires one rogue member from any gang to react.”
Justice Edwin Wylie agreed that the defendant may be at risk from those who already know his identity. But there’s nothing to suggest that anyone who isn’t involved in the gang has a sufficient interest in causing him harm, he said.
He also noted the high level of public interest in a case involving allegations of “serious gang-related violence in a public place”. Open justice should not, in this case, yield to suppression, he said.
The defendant will have until next month to confirm whether he intends to take the case to the Court of Appeal.