Minister orders review of 'greater good' defence

The 'Waihopai Three' reached one of two inflatable domes covering satellite dishes and slashed it with sickles. Photo / Tim Cuff

Officials have begun a review of the "claim of right" defence used by the three men accused in the Waihopai spybase sabotage case, Justice Minister Simon Power says.

Teacher Adrian Leason, 45, Dominican friar Peter Murnane, 69, and farmer Sam Land, 26 - were acquitted last month on charges of burglary and wilful damage at the Government Communications Security Bureau (GCSB) base in Marlborough.

After cutting through alarmed electric fences without setting off any audible alarms or getting electrocuted, the men reached one of two inflatable domes covering satellite dishes, placed their hands on the plastic skin and said "we disarm you in the name of Jesus Christ", before slashing it with sickles.

The three said they were saving lives in Iraq by disrupting satellite transmissions and were acting for the greater good. A jury in Wellington District Court found them not guilty.

At the time Prime Minister John Key said he could not rule out a law change over the claim of right defence.

Today, Mr Power said he had instructed officials to review the relevant law.

The claim of right defence was connected to the traditional argument that "people should intend for their actions to be illegal before the state will impose a criminal sanction".

The current scope of the defence "does raise some questions" and it was "complex and detailed law", Mr Power said.

The review would look at international comparisons and common law.

Mr Power was expecting a report back within two months.

Green Party MP Keith Locke said the review was unnecessary.

Claim of right was a well-established internationally as a defence, he said.

It allows defendants to "claim a higher purpose when technically breaching a law".

"The Waihopai trial jury accepted that if the spy station had been assisting in the invasion of Iraq -- and evidence was presented that it was -- then the defendants could 'reasonably' believe that their action might help save lives," Mr Locke said.

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