Youth with explosives on air flight denies charge

Press, 1 July 1983, Page 7

Youth with explosives on air flight denies charge

A youth, aged 15, returned to Christchurch on an Air New Zealand flight from Melbourne on the evening of May 15 with high explosive and detonators in a jacket and suitcase, according to evidence given in the Children and Young Persons Court yesterday. The youth claimed that he had not realised he had carried the explosive, and that it must have been in his jacket pocket from when he worked with explosive for a stunt man in Melbourne.

Other evidence, from an explosives officer, was that electric detonators could be activated by radio waves or static electric current, and that the explosive was sufficient to cause considerable damage. The defendant, who was represented by Mr W. Rosenberg, pleaded not guilty to a charge under the Arms Act of having in his possession explosives in a public place, without lawful and sufficient purpose.

The explosives listed in the charge were two electric detonators, other detonators, fuse, percussion caps, and Tovex — a water gel explosive. Mr Rosenberg said the charge was being defended on the interpretation of a public place. He contended that the customs hall at Christchurch Airport was not a public place. The defendant had been charged originally with ordinary possession of the explosive — a charge which carried a lesser maximum penalty than possession of explosive in a public place.

After hearing all evidence in the case, and legal submissions, Judge Pain reserved his decision.

Sergeant W. J. McCormick prosecuted.

Prosecution evidence was given that the defendant arrived at Christchurch Airport on a flight from Melbourne soon after midnight on May 16. During a routine search by customs officers the explosives were found in a jacket pocket, and in a suitcase belonging to the defendant.

Robert Halkett, an inspector of explosives, said he was called to the airport at 2.30 a.m. and was shown four plain detonators, two electric detonators, two lengths of safety fuse, one full and one part cartridge of Tovex igniter cord, and 10 small-arms percussion caps.

He said the electric detonators could be activated by radio waves or static electric currents. The ends of the wires had been tied together to prevent this.

Mr Halkett said Tovex was a modern explosive which was replacing gelignite.

The amount of explosive he had viewed could cause considerable damage. Detective R. Bruce said he interviewed the defendant who said he had used explosives while working with a stunt man in Australia.

Asked why he had brought the explosives with him he said he did not know he had them. He had last used explosives three or four weeks before.

He said he did not know that electric detonators were not safe around electrical equipment such as aircraft. The defendant said he had explained to the customs officer how harmless the explosive was by hitting it against a table. In evidence yesterday the defendant said he obtained a job as a stunt man with a man who he had been introduced to in Melbourne by his mother and her boy friend.

The work entailed setting up minefields and igniting explosives, running through minefields and blowing up things. The work involved promotions for films. When running around setting up minefields they carried explosives in their pockets. After stunt training one day he had explosive materials in his jacket pocket and then went home to shower. He forgot the explosives were there. He was shouted the trip home and was only given the ticket two hours before the aircraft left, and had to pack his baggage. He packed his leather jacket, but forgot about the explosive it had contained.

He said he had always been interested in explosives. Ever since he could read he had thought about the perfect crime and had written down all the equipment that would be needed — “but I would never do it.”

Cross-examined, the defendant said he had had the job involving stunt work for about six weeks. He said he did not know

at the time, but knew now after “reading up on it,” that electric detonators could be set off by signals.

He did not know for a start that he had the explosives.

Sergeant McCormick then questioned the defendant on other items allegedly found in his baggage, including a silencer for a .22 cal. rifle, three arrow heads, a numchukka, a full-face balaclava with mouth and eyeholes, a ring with studs, a throwing knife, and books on assassinations, pyrotechnics, rifles, and sub-machine guns.

The defendant said the ring was only for decoration. Some items were martial arts gear. He said it was not against the law to have them. The defendant said the explosives items in his jacket had not weighed much. The leather jacket weighed a lot. He denied that he had come back to do the perfect crime. The amount of explosives he had would be “useless,” he said.

He denied having twisted the wires on the detonators and said this might have been done by the men at the stunt training. A supervising customs officer, Shaun William Fitzgerald, was called for the defence. He said that in general members of the public were not permitted to enter the customs hall. Permission had to be obtained.

The area was generally locked up until two hours before an overseas flight arrived. Certain parts of the building were open to the public to await the arrival of passengers. Mr Rosenberg made legal submissions, lasting an hour, on the legal definition of a public place, and whether the customs hall was a public place.

He submitted that the defendant’s possession of the explosives was not in a public place, and that there was not sufficient mens rea (guilty knowledge) to make his possession a criminal offence.