This morning, I walked out of the Auckland District Court with incredible news.
The assault charge against Auckland Citizen has been DISMISSED.
After almost a year of proceedings, the judge was clear.
Police had to prove beyond reasonable doubt that Auckland Citizen was not acting in self-defence, or that the force he used was unreasonable.
They failed on both fronts.
In court, it was clear the judge was frustrated that such an unnecessary confrontation had ended up before him.
What should have been a minor disagreement at a public protest has consumed months of Police and judicial resources, potentially costing taxpayers tens of thousands of dollars.
Unfortunately, it's just the latest in a line of events where ideologically driven activists weaponise the law against someone they dislike.
They had an opportunity to participate in the contest of ideas. Instead, they chose confrontation, and we ended up in a legal contest before the judiciary.
AND THEY LOST.
When we first supported Auckland Citizen, people told us we shouldn't.
They didn't like him. They didn't like his methods. They didn't like that he films people in public. But here's the thing. Filming in public isn't illegal by itself, especially at a publicly advertised political rally, where documenting proceedings is in the public interest.
Auckland Citizen is a citizen journalist who deliberately stress-tests the freedoms we take for granted.
You don't have to like him, agree with him, or watch his videos.
But you should defend his right to operate lawfully.
Because his freedoms are your freedoms.
The freedom to speak, remain silent, move, film in public, and walk away. And the right to use reasonable force in lawful self-defence.
These rights belong to all of us.
This was an assault case, not a ruling establishing new rights to speak, move, or film publicly.
But it demonstrates something important.
The prosecution must prove its case beyond reasonable doubt. And where self-defence is raised, the police must disprove it or establish that the force used was unreasonable.
Today, they failed.
The judge also challenged everyone involved to exercise their rights responsibly and to respect others' rights.
We agree.
Freedom without responsibility becomes recklessness. But responsibility without freedom becomes control.
We want to thank our incredible legal team for their commitment and the judge for his fair, principled assessment.
This is the first of what I expect will be many cases PILLAR takes on.
Our legal team has been so incredible that we haven't even had to pay for this one yet. But the bill is coming!
Defending civil liberties isn't cheap. Good lawyers, lengthy proceedings, and standing firm come at a cost.
If you'd like to help cover this case and support future legal battles, we'd be incredibly grateful.
Today, Auckland Citizen walks away without an assault conviction.
And I hope New Zealanders feel more confident exercising their freedoms and defending others'.
“The love of freedom is the love of others. The love of power is the love of self” – English essayist, critic, and philosopher William Hazlitt
It isn't about agreeing with everyone. It's about defending the freedoms of people you fundamentally disagree with.
Only then are we truly all free.
