Richard Sivell
Richard Trevor Sivell | |
|---|---|
| Born | 1982 or 1983 (age 41–42) |
| Criminal status | Convicted, not yet sentenced |
| Criminal charge | Threatening to kill |
Time at large | 20 months, 15 days |
| Details | |
| Victims | Jacinda Ardern |
Span of crimes | 2021–2022 |
| Country | New Zealand |
Date apprehended | 9 January 2024 |
Richard Trevor Sivell is a New Zealand conspiracy theorist and "sovereign citizen" who was convicted of threatening to kill then-Prime Minister Jacinda Ardern in 2021 and 2022. He spent 20 months evading police before his trial and will be sentenced on 7 January 2025.[1]
In a separate matter he is defending charges of possessing an objectionable publication, namely the livestream that was broadcast during the 2019 Christchurch mosque shootings. The next court date in this trial is 5 March 2025.
Threats to kill Jacinda Ardern
[edit]Arrest and disappearance, 2022
[edit]After making threats to kill on Counterspin Media's Telegram channel in late 2021 and early 2022, Sivell was arrested on 29 March 2022. During the arrest, which Sivell resisted for a number of hours, he and his supporters posted audio and video clips to social media.[2] He appeared in court the next month, refusing to recognise its jurisdiction and needing to be dragged to the dock.[3] He was granted bail with conditions including not using internet-enabled devices or making any violent threats, and then failed to make his next scheduled appearance. A warrant for his arrest was duly issued.[4]
While he was evading police, researchers from The Disinformation Project believed that Sivell was active in at least two Telegram channels. His messages talked about adding individuals including a District Court Judge to a "Nuremberg List" - a reference to executing war criminals. Researchers also believed that he had fallen out with a number of others in the conspiracy community, including Kelvyn Alp of Counterspin and Brian Tamaki.[3]
Re-arrest and trial, 2024
[edit]After more than 20 months on the run, Sivell was arrested on 9 January 2024. New charges were laid, relating to his missed court dates in April 2022. Not guilty pleas were deemed in May, and a trial set for October.[5]
At trial on 2 October 2024, the court heard audio recordings, originally published on social media channels connected to Counterspin Media, in which Sivell said he had "a noose with [Ardern's] name on it", that he would be "quite happy to execute" her (and other politicians), and that he'd also be "quite happy to come down and construct some gallows". Other evidence included text messages in which he told his mother he wanted to "see Jacinda hang for crimes against humanity".[6]
Sivell was convicted on three charges - threatening to kill, obstruction (relating to his 2022 arrest), and the bail-related charge which had been laid in 2024.[6]
Possession of objectionable publication
[edit]On 15 March 2019 there was a mass shooting in Christchurch targeting Muslims. The murderer carried a camera throughout, livestreaming to social media. The resulting video of the shooting was quickly classified by David Shanks of the Office of Film and Literature Classification as "objectionable" under the Films, Videos, and Publications Classification Act 1993, making it a criminal offence to possess or distribute it.[7]
Sivell has been charged with having and distributing a copy of the video. He appeared at Taupō District Court in August 2024 and refused to make a plea. The judge deemed his plea to be not guilty.[8]
He next appeared on 30 October and requested a jury trial. (Between these appearances, Sivell was convicted in Tauranga on charges of threatening to kill.) Because Taupō doesn't hold jury trials, the case was moved to Rotorua.[9] He was meant to appear there on 11 December 2024 but failed to show. An arrest warrant was duly issued and he attended court on 17 December.[10][11]
Refusing the help of a duty lawyer, Sivell was told that his next appearance would be on 5 March 2025 and released on bail. The judge warned that any further breaches or failures to appear would lead to Sivell being held in custody.[11]
Self-representation and "sovereign citizen" arguments
[edit]Sivell represents himself in court and uses arguments drawn from the widely debunked sovereign citizen movement to deny that the court had jurisdiction over him. Judge Paul Geoghegan, in June 2024, and Judge Christopher Harding, that October, both dismissed Sivell's arguments as "gobbledegook".[5][6]
In his October 2024 trial for possessing the mosque shooting video, where Sivell again represented himself, he claimed a "right of subjugation" before being told by the Judge that "the right to subjugation does not exist in New Zealand when it comes to criminal law". When asked for his plea, Sivell said, "I require a sureties, bonds, denominations". He was cut off and taken to have pled not guilty.[9] At his appearance on 17 December the court's duty lawyer informed the court that, "he’s a sovereign citizen...I’m an agent of the Crown, he was very pleasant but he doesn’t want any help.”[11]
In another sovereign citizen-style assertion, Sivell invoked arcane law in claiming "allodial title" over a small public building near Te Puke.[2][12]
Involvement in New Zealand's conspiracy culture
[edit]In 2020 Sivell, who was working in Tirau, received a warning from Police after distributing flyers that described South Waikato District Councillor Peter Schulte, who had fled East Germany in the 1980s, as a "Nazi".[13] He also texted Schulte to say, "I'm coming for you Peter [...] watch the wrath of God fall upon you."[14] Sivell's harassment of Schulte escalated from a dispute over whether the council was responsible for repairing potholes in a driveway.[15]
He was a regular voice on Counterspin's Telegram channel, and commonly invoked the Nuremberg code in relation to politicians and law enforcement. He spread COVID-19 misinformation, 5G misinformation, and homophobia. [16]
Sivell participated in the 2022 Wellington protest, which occurred the month before he was first arrest for making death threats.[12]
References
[edit]- ^ Bathgate, Benn (3 October 2024). "Man who wanted to build gallows, hear Jacinda Ardern's 'neck snap' guilty of threats to kill". Stuff. Retrieved 3 October 2024.
- ^ a b Mitchell, Charlie (15 May 2023). "The barefoot, small-town 'sheriff' who allegedly attacked a council boss". The Post. Retrieved 4 October 2024.
- ^ a b Wall, Tony (12 August 2023). "He's on the run from police, but that may not have stopped Richard Sivell from posting online". Stuff. Retrieved 3 October 2024.
- ^ Wall, Tony (26 April 2022). "Arrest warrant issued for man who allegedly threatened to kill PM". Stuff. Retrieved 4 October 2024.
- ^ a b Conchie, Sandra (6 June 2024). "Bay of Plenty's Richard Sivell faces trial for alleged Jacinda Ardern death threat". New Zealand Herald. Retrieved 3 October 2024.
- ^ a b c Wall, Tony (5 June 2024). "Richard Sivell, on the run for almost two years, appears in court". Stuff. Retrieved 3 October 2024.
- ^ "Christchurch Mosque Attack Livestream classification decision". Te Mana Wakaatu - Classification Office. 18 March 2019. Retrieved 3 October 2024.
- ^ Bathgate, Benn (21 August 2024). "'Man of peace' declines to plead on mosque shooting video charges". Waikato Times. Retrieved 3 October 2024.
- ^ a b Bathgate, Benn (30 October 2024). "'Man of peace' alleged to have possessed, shared mosque shooting video". Stuff. Retrieved 31 October 2024.
- ^ Bathgate, Benn (12 December 2024). "Warrant to arrest issued after man facing Christchurch mosque attack video charges fails to appear at court". Waikato Times. Retrieved 12 December 2024.
- ^ a b c Bathgate, Benn (17 December 2024). "'Sovereign Citizen' facing mosque terror video charges bailed again despite past no-shows". Waikato Times. Retrieved 19 December 2024.
- ^ a b Manhire, Toby (29 March 2022). "Extremist participant in parliamentary occupation arrested after standoff in Te Puke". The Spinoff. Retrieved 4 October 2024.
- ^ Kirkeby, Luke (25 November 2020). "Police issue harassment warning for Nazi slurs". Stuff. Retrieved 7 December 2024.
- ^ Fisher, David (29 March 2022). "Police stand off with Richard Sivell who allegedly made death threats against Prime Minister Jacinda Ardern". New Zealand Herald. Retrieved 4 October 2024.
- ^ Kirkeby, Luke (8 July 2020). "German councillor called Nazi in letter box drop over driveway dispute". Stuff. Retrieved 4 October 2024.
- ^ Manhire, Tony (30 March 2022). "9.03am: Te Puke extremist released on bail". The Spinoff. Retrieved 4 October 2024.