Photo: RNZ / Marika Khabazi
After a delayed start on Monday, Brian Tamaki's trial for breaches of Covid-19 restrictions has begun.
The controversial Destiny Church leader was charged alongside his wife, Hannah Tamaki, and two others for attending outdoor protests during the Level 3 lockdown in October and November of 2021.
Brian Tamaki and his executive assistant Jennifer Marshall were also charged for organising gatherings.
Dozens of the Tamakis' supporters gathered outside Auckland District Court on Monday morning. They were holding signs that read: "We Stand With Tamaki" and "Make NZ Great Again". Tamaki's arrival prompted cheers.
The trial's start was delayed from 10am to 2:15pm. Their supporters returned in the afternoon, filling the public gallery as the Crown began its opening statement.
Tamaki's lawyer Ron Mansfield KC warned supporters to turn off their phones and take off any hats and sunglasses if they wanted to watch.
Brian Tamaki arrives at the Auckland District Court, where he faces multiple charges after attending three protests against lockdowns and vaccine mandates. Photo: Felix Walton
At the time of the protests, outdoor weddings, funerals and tangihanga were limited to 10 people and larger gatherings were prohibited as part of the public health response to the pandemic.
"Between September 2021 and October 2021, it is alleged that Brian Tamaki, Hannah Tamaki, Jennifer Marshall, and Kaleb Cave organised and/or attended a series of large public gatherings... in contravention of Level 3 restrictions at the time," senior Crown prosecutor Matthew Nathan said.
The first of these was on 2 October.
"They rallied people online... and encouraged people to participate," Nathan continued.
At the time, Brian Tamaki pleaded not guilty and was remanded on bail and banned from encouraging non-compliance with government lockdown orders.
"On the 2nd of October a public gathering took place," Nathan continued. "There were approximately 1000 people in attendance, many were not wearing masks. A stage had been set up... Tamaki spoke on stage and promoted another event taking place on the 16th October 2021."
Nathan said the next protest had 2000 attendees, and was followed by yet another on 30 October with 5000.
Though Brian Tamaki did not attend the protest on 30 October, the Crown alleges Hannah Tamaki attended in his place.
Nathan said the fourth defendant, Kaleb Cave, acted as a master of ceremonies during those events.
Brian Tamaki was also charged for attending another protest on 20 November, 2021.
In January 2022, Tamaki was arrested at his home in Auckland after allegedly breaching his bail conditions. He spent 10 days in jail before being released.
He was filmed at each protest and does not deny attending the demonstrations
"The prosecution allege the organisation of and choice to go, remain at, and actively participate in a non-compliant gathering - particularly as the focal point for that gathering - mean Tamaki is criminally culpable," Nathan said.
"It will be alleged that a reasonable person in Tamaki's position would not remain or encourage other people to attend."
The trial was set to continue throughout the week, with evidence from several witnesses.
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