Was the wrong person on trial?

(First published in the Manawatu Standard and Nelson Mail, May 17.)

I can’t help wondering whether the wrong person was on trial in the Whanganui District Court last week.

The name on the charge sheet was that of Kerry James “Chester” Borrows, who was tried on a charge of careless driving causing injury. But it seems to me there were other charges that could equally have been brought as a result of an incident that occurred during an anti-TPP protest in March last year – only not against Borrows.

For example, there’s a charge of disorderly behaviour and another of obstructing a public way.

I’m not a lawyer, but it’s surely not too much of a stretch to argue that a person deliberately stopping someone else going about their lawful business is acting contrary to public order, which is how my dictionary defines disorderly behaviour.

As for an alternative charge of obstructing a public way, anyone watching the TV news last week, and seeing exactly what happened in Whanganui on March 22 2016, could form their own conclusions.

Borrows, the National MP for Whanganui, was driving out the entrance of a motor inn with cabinet minister Paula Bennett in the front passenger seat. Several protesters were standing by the gate holding placards.

The TV camera showed two women stepping out into the path of the approaching car with the apparent intention of forcing it to stop. At least two police officers were standing by, but did nothing to intervene.

The car was moving very slowly. There was some dispute in court as to whether it actually stopped at one point, but it was certainly moving when it came into contact with the two women.

A police witness estimated the car’s speed as 1kmh – far slower than walking speed. Borrows testified that he feathered his brakes, as he was trained to do in similar situations during his 24 years as a police officer.

In any event, the protesters had ample time to get out of the way. They chose not to.

Let me repeat: they chose not to. They seemed to think their opposition to the Trans-Pacific Partnership gave them the moral right to prevent two elected public officials going about their lawful business.

Predictably enough, the vehicle nosed into them. One of the women rather theatrically testified that she thought: “Oh my god, you’re going under, girl.” At this point the police on the scene were roused from their torpor and belatedly moved the women out of the way

It looked to me as if the protesters were playing a game of chicken. Even if they weren’t exactly willing the car to hit them, they seemed to be at least daring it to happen.

That impression was reinforced when one of them, having been pulled clear, shrieked in the direction of the TV crew: “Did anyone get that on camera?”

You could be excused for wondering whether she had set the situation up for exactly that purpose. The idea of public protests, after all, is to get noticed – and what better way to attract public attention than by being hit by a car driven by a government MP and carrying a high-profile minister?

You can imagine the posts on social media that would have followed: “Frail elderly woman mowed down in callous act of Tory brutality.”

Borrows testified that the reason he didn’t come to a complete halt was that a male protester at the scene had earlier made threats against Bennett on Facebook. To be precise, the protester had written: “See you shortly, bitch”, which surely tells you something about the calibre of some anti-TPP protesters.

He had also a posted a picture of a dildo with Bennett’s name on it. Borrows testified that he thought it was a wooden dildo which, if thrown at Bennett – as had happened to her fellow minister Steven Joyce at Waitangi only weeks before – could have done damage.

In acquitting Borrows, the judge cited the dildo threat as an extenuating factor. She accepted that he had valid reason to be concerned about Bennett’s comfort, if not safety.

So Borrows got off.  But why was he prosecuted in the first place? I’ve seen it suggested that the police proceeded with the charge against him for fear that they might otherwise be seen as going soft on a former cop – hardly a compelling reason.

And why did the police take no action against the protesters, whose injuries (they were both treated for soft tissue damage) were the direct result of their own provocative and arguably unlawful behaviour? If a case could be made against Borrows for careless driving, they should surely have also been charged for their own contributory role.

Come to that, why did the officers on the scene not step in earlier to prevent the pantomime? Have they been disciplined or reprimanded?

In the end, the outcome was the right one. But it should never have come to that point, and Borrows can hardly be blamed for sounding bitter about his former colleagues in uniform.   

'Did anyone get that on camera?' Yes they did, and we could all see who was at fault

(First published in The Dominion Post, April 1.)

Protesters, eh? I’ve been one myself, so I’m not entirely hostile to the idea of marching in the street and waving banners. But sometimes protesters push their luck.

Consider what happened last week in Wanganui, where a car driven by National MP Chester Borrows allegedly drove over the foot of a woman protesting against the Trans-Pacific Partnership Agreement.

The car, in which cabinet minister Paula Bennett was a passenger, was leaving a breakfast business meeting. Video footage showed several protesters blocking its exit.

While it’s true that Borrows appeared to make no attempt to stop, his car was moving so slowly that the placard-wavers had plenty of time to get out of the way. It looked to me as if they were either intent on provoking some sort of confrontation, or at the very least trying to force him to stop. 

Who’s at fault here? Certainly Borrows could have pulled up. The protesters could then have surrounded the car and harangued him and his VIP passenger at close range.

But equally, the protesters had time to move and chose not to. If one of them was hurt as a result, then the injury was surely self-inflicted.

I noticed too that the moment the car came into contact with the protest group, a woman called out: “Did anyone get that on camera?” It was almost as if they were willing it to happen so they could then accuse Borrows of being a callous Tory thug.

Well, someone did get it on camera, and most people who saw it on the TV news would have had no difficulty deciding who was in the wrong.

There’s a classic clash of rights here: the right to protest versus the right of people to go about their lawful business unobstructed (or to use the classic phrase, “without let or hindrance”).

Freedom of movement, like freedom of speech, is a fundamental part of our rights. No one has the right to impede it just to make a political point, no matter how righteous they feel about their cause.

Borrows was exercising his right and the protesters were trying to deprive him of it. The case rests.

The situation would have been different had the MP provocatively accelerated into the protest group, but Borrows is no hothead. He was barely driving at walking speed.

Now here’s the point. We live in one of the world’s freest and most open societies. People are entitled to shout and wave placards.

Protesters are indulged to the extent that authorities routinely allow them to conduct street marches that inconvenience other people.  In much of the world this would be unthinkable.

But protesters too often interpret this tolerance as a general licence to disrupt, which is where they get it wrong. Generally speaking, the right to protest ends at the point where it obstructs the rights of others.

When protesters become so pumped up with self-righteousness that they believe they’re entitled – indeed, have a moral duty – to interfere with the rights of others, public sympathy for their cause rapidly evaporates.

We’ve seen a lot of this lately. The day before the Wanganui incident, Greenpeace protesters blocked all the entrances to the SkyCity convention centre, where a petroleum industry conference was underway. People were unable to get in or out.

Police took a lenient line, as they almost invariably do, removing some protesters but apparently making no arrests. 

They were similarly indulgent with the anti-TPPA Waitangi Day protester who hit cabinet minister Steven Joyce with a flying dildo and inexplicably escaped prosecution for assault. Perhaps the police were too busy processing dangerous spinsters who’d been intercepted at checkpoints for having half a glass of sherry too many.

Then there were the protesters dressed as clowns who invaded a public meeting held in Auckland to explain the free trade agreement.

Never were protesters more appropriately disguised. They were far more clownish than they realised, noisily disrupting an event that was held to do exactly what the anti-TPPA camp had been demanding: namely, to reveal more about details of the agreement.

Plainly, these buffoons weren’t remotely interested in information or disclosure. They were getting off on the adrenalin buzz of protesting.

But the gold standard of protester arrogance remains the actions of the three men who sabotaged the Waihopai electronic listening post in 2008, causing damage that taxpayers had to pay for. The official estimate was $1.2 million.

The sanctimonious saboteurs claimed to have Jesus Christ’s backing, although how they could be so sure of that was never explained.