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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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