The Star: August 08, 2019
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Thursday <strong>August</strong> 8 <strong>2019</strong> <strong>The</strong> <strong>Star</strong> 21<br />
news online at www.star.kiwi<br />
OPINION 21<br />
Fournier and the turbulent 1990s<br />
From the<br />
editor’s desk<br />
Barry Clarke<br />
SWAIN: Left – in the early<br />
90s. Right – During his<br />
murder trial in 2015.<br />
THE UNTIMELY death<br />
of lawyer Tim Fournier<br />
has rekindled a period of<br />
Christchurch’s criminal history<br />
– the turbulent early 1990s.<br />
Fournier, who died from a fall<br />
in his office, was defence lawyer<br />
for Neil Raymond Swain, in<br />
my view the closest thing to an<br />
urban terrorist we have seen –<br />
the March 15 mosque attacks<br />
aside.<br />
He was the key figure in a<br />
reign of terror in Christchurch,<br />
almost certainly prompted by<br />
the police investigation into a<br />
gang at the time – the Harrises.<br />
Fournier was also a defence<br />
lawyer for members of the gang<br />
when they came before the<br />
courts on other matters.<br />
Police were never able to prove<br />
Swain carried out his crimes for,<br />
or as a result of, the crackdown.<br />
He lived by the code of omertà –<br />
the Mafia word for silence.<br />
His crimes included the nail<br />
bombing of the Sydenham police<br />
station, torching a prosecution<br />
witness’ house and breaking into<br />
a policeman’s house and trying<br />
to burn it down.<br />
Fournier defended Swain<br />
admirably but the weight of<br />
evidence was against him:<br />
Electoral rolls with the names of<br />
police and other potential targets<br />
were found in a lock-up he had<br />
hired, he made notes and drew<br />
maps and collected information,<br />
all which fell into the hands of<br />
the police when he was arrested.<br />
<strong>The</strong> case got huge publicity at<br />
the time.<br />
<strong>The</strong> bombing of the police<br />
station may well have been the<br />
start of a long terror campaign if<br />
Swain had not have been arrested<br />
– and that was by chance.<br />
He and another armed cooffender<br />
(who has never been<br />
identified) tried to hold up the<br />
Ferrymead Tavern late one night.<br />
But they were thwarted by a staff<br />
member who locked the door<br />
when she saw them coming.<br />
Swain and his co-offender ran,<br />
but Swain had an injured leg<br />
and surrendered to a policeman<br />
despatched to the area. <strong>The</strong> other<br />
robber got away.<br />
That arrest led police to<br />
a rented lock-up in Upper<br />
Riccarton where nine sticks of<br />
gelignite, detonators, detonator<br />
cord and vehicles were found.<br />
Two sticks of gelignite had been<br />
partly prepared as an explosive<br />
device.<br />
It was the breakthrough they<br />
desperately needed. <strong>The</strong>re was<br />
almost an air of panic coming<br />
from the central police station<br />
in Hereford St – particularly<br />
after an abandoned vehicle<br />
carrying explosives stolen<br />
from a mining site on the West<br />
Coast had crashed en route to<br />
Christchurch.<br />
Police were aware that other<br />
explosives had made it safely to<br />
Christchurch – what was to have<br />
been their use?<br />
When Swain was sentenced,<br />
almost all of the Christchurch<br />
CIB was there to see him sent<br />
down. He was jailed for 12 years.<br />
A complex character, he lived<br />
two lives. He held a steady job<br />
and was regarded as a top worker<br />
by his boss. <strong>The</strong>re was nothing to<br />
alert those close to him what he<br />
was up to.<br />
He also had a sense of fair play<br />
– at times.<br />
When he set the prosecution<br />
witness’ house on fire, she told<br />
him her dog was in the house.<br />
(Swain and his still unidentified<br />
co-offender had taken the<br />
woman and her partner out at<br />
gunpoint).<br />
He went back into the burning<br />
house and rescued the dog.<br />
•Swain was paroled after<br />
serving five and a half years.<br />
He is currently back in prison,<br />
serving a life sentence for the<br />
murder of a man in the North<br />
Island in 2015. As he was sent<br />
down he addressed the judge:<br />
“Well your honour, for once I am<br />
innocent but found guilty . . .”<br />
barry@starmedia.kiwi<br />
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