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White supremacist Philip Neville Arps is again fighting the Department of Corrections over the imposition of an additional release condition that would prevent him from visiting a homebrew shop near Christchurch’s Linwood Mosque.
Arps, 45, 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 under strict conditions, which he unsuccessfully opposed at the time.
The new restriction would be in addition to his current release conditions, which already prohibit him from entering or loitering near any mosque in New Zealand.
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Arps appeared in Christchurch District Court on Monday, where the Department of Corrections tried to impose the additional release condition, which would bar him from entering within a 100-meter radius of the Linwood Islamic Center and An-Nur Masjid (Al Noor Mosque) . on Deans Ave.
Department of Corrections attorney Claire Boshier said that although Arps was no longer allowed to loiter near any mosque, this condition was “thwarted” by her regular visits to a homebrew store adjacent to the center.
In August, Arps was arrested and charged with violating his conditions of release after visiting the homebrew tent, just 17 meters from the Linwood Mosque. The charge was later dropped.
Boshier said Arps’ regular visits to the store undermined his current release conditions that were imposed to protect the Muslim community.
He said that a 100-meter exclusion zone around the two Christchurch mosques that were the target of the March 15 terror attack would address this problem.
MARK MITCHELL / NZME
Arps, photographed in Christchurch District Court in 2019, is fighting Corrections over his release conditions.
A probation officer assigned to the Arps case testified in court Monday about Arps’ management since his release.
He said that while Arps did not loiter “according to the legal definition of the word” near the Linwood Islamic Center, an additional condition was needed imposing an exclusion zone around mosques.
“When we originally requested this [release] condition, it was not known that Mr. Arps would regularly visit a place so close to the mosque, ”he said.
He said a halal butcher shop that recently opened on the same block of stores as the homebrew store raised concerns that Arps would be too close to the Muslim community if he continued to visit the liquor store.
She said that he had also indicated in the past that he would like to visit the butcher shop.
The parole officer said she found it unusual for someone who doesn’t drink alcohol to frequent a homebrew store.
“When I tried to strike up a conversation with Mr. Arps about his drinking, […] Mr. Arps indicated that he was extremely offended by that line of questions because, as a Muslim, he does not consume alcohol.
She said Arps had previously sent a text message to one of her colleagues stating that she would take the “cross-dressing” and appear in court in a burqa.
Boshier said Arps’s claim to have converted to the Muslim faith “is not taken seriously at all.”
“Mr. Arps has demonstrated his abusive behavior and the hatred of particular parts of our community continues.
“The [additional release] The condition sought is to protect the members of the Muslim community in two very specific places, both very important to that community. “
John Kirk-Anderson / Stuff
Arps during a previous court appearance in 2019. To his right is his attorney, Anselm Williams.
In keeping with his earlier bizarre behavior in court, Arps made notable sarcastic facial expressions and hand gestures during the probation officer’s testimony, in addition to laughing and shaking his head at some of his statements.
In his cross-examination of the probation officer, defense attorney Anselm Williams noted that Arps had never been successfully prosecuted for violating any of his conditions of release or bond.
He said Arps had been visiting the homebrew store for years and that “it was not something new.”
Williams said that while Arps accepted that a condition preventing him from visiting a mosque is reasonable, he did not accept being prevented from conducting an activity in which he had participated for some time without any problem.
“There is simply no reason to impose a condition when no more crimes have occurred. […] and no person has indicated that they have been distressed by Mr. Arps’ conduct. “
Arps’ strict release conditions were imposed in January in response to letters he sent from prison and phone calls he made while incarcerated.
The letters and calls, which were monitored by Corrections, raised concerns about the risk Arps will pose to the community once it is released.
The court suppressed the content of the letters and phone calls.
Other conditions imposed by Corrections include Arps being electronically monitored, prohibited in certain areas, prohibited from having contact with anyone in the Muslim community, and prohibited from possessing or using firearms, including air rifles.
A decision on the application will be made on Monday afternoon.
