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John Kirk-Anderson / Stuff
Philip Neville Arps was jailed for 21 months after sending a video of the Christchurch mosque shootings to 30 people. (File photo)
White supremacist Philip Neville Arps was reprimanded by a district court judge after displaying strange behavior while appearing in the dock.
Arps, 45, appeared in Christchurch District Court on Monday, where a charge of breaching the conditions of his prison release was dismissed.
Arps was jailed for 21 months last year after he sent the video of the Christchurch terror attack to 30 people and asked a friend to modify it by adding a cross and a “death count.”
He was released in January, but remains subject to strict conditions that prohibit him from approaching New Zealand mosques or having contact with any member of the Muslim community.
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Arps was arrested in August after being near the Linwood Islamic Center, where seven people were killed in last year’s attack. He was visiting a homebrew shop next to the mosque when he was arrested.
Arps has pleaded not guilty to the charge, with his attorney, Anselm Williams, saying that Arps had a legitimate reason for being in the area.
On Monday, Williams said that while Arps gave police a “legitimate explanation” for being where he was and explained that he did not violate his conditions of release, “the police and the department of corrections did not make inquiries” to verify his explanation.
Corrections agreed to have the charge dismissed after the defense attorney did his own investigations and presented evidence to the court, Williams said.
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Prosecutor Shivani Dayal, who appeared on behalf of the department, told the court that there was no opposition to the charges being dismissed.
As Dayal spoke, Arps turned and looked at the wall in an apparent attempt to avoid recognizing it. After she sat up, he turned around muttering under his breath and looking at her.
Arps began pacing up and down the dock, gasping for air and grunting.
Judge Peter Rollo asked him to stop making noises and to sit down and “control himself.”
“I’m a little nervous right now, I can’t sit down. I’m trying to control myself, sir. I kept my mouth shut, ”Arps said.
Arps greeted the judge when the charge against him was dismissed and whistled as he walked out of court.
He filed a request for costs against the Department of Corrections in connection with the dismissed charge. His attorney said the charge caused significant expense, inconvenience and anguish for Arps and his family.
A hearing will be held in November to determine the cost of the application.
