Covid: Destiny Church pastor escapes conviction

Destiny Church pastor Leon Samuels at Tauranga District Court. Photo: Tony Wall/Stuff/

A Tauranga Destiny Church pastor who breached a Covid-19 public health order by organising two protest rallies has admitted his offending and been discharged without conviction.

Leon Wharewehe​ Samuels, 43, had initially pleaded not guilty to two charges of failing to comply with a Covid-19 Public Health Response Act order when he appeared in court in December, but changed his plea to guilty when he appeared in Tauranga District Court on Thursday.

Samuels had organised a protest gathering at Coronation Park in Mount Maunganui on October 16 during the Super Saturday nationwide vaccination drive. Up to 400 people attended, most not wearing masks.

There was a 100-person limit on outdoor gatherings at the time.

Hundreds attended the gathering that Leon Wharewehe​ Samuels organised at Coronation Park on October 16. Photo: Supplied.

He organised a second event at Memorial Park in Tauranga on October 30, attended by thousands. Samuels failed to register attendees by QR code or manual record.

He faced a maximum penalty of six months' imprisonment and a fine of $4000 on each charge, but Judge Louis Bidois granted his application for a discharge without conviction, saying he was a first offender and had made a 'huge contribution” to the church and wider community.

'Your motive is obviously to help people.”

He ordered that Samuels make a $750 donation to charity within seven days.

Thousands attended the gathering that Leon Wharewehe​ Samuels organised at Memorial Park on October 30, 2021. Photo: Aaron Stuart-Menzies.

Judge Bidois noted that Samuels had not turned up to the second rally he organised and asked why that was.

'Because I was told [by police] that if I did, I would be arrested,” Samuels said.

Bidois: 'But others could be arrested for going to a protest that you've organised.

'You're entitled to your beliefs but I looked it up last night and there's over a thousand Kiwis ... who've died of Covid. Sure many of them had other symptoms.

'You don't have to agree with the mandate but ... it's a serious problem, it's had a huge impact on our country.”

Samuels' lawyer, Rachael​ Adams, said he accepted that.

'He was sincerely motivated by belief but understands now and that's indicated by his plea – it was misguided and ultimately a significant mistake.”

Thousands attended the gathering that Leon Wharewehe​ Samuels organised at Memorial Park on October 30, 2021. Photo:Supplied.

Judge Bidois said while the offending was not at the serious end of the scale, 'when you bring a lot of people together who shouldn't be, there's a risk of people getting Covid and a lot of people in this country have died, so the consequences could be serious.

'We're all entitled to make one mistake and you've made yours.”

Samuels, who wore a mask throughout the hearing, declined to comment as he left court with his family.

The leader of Destiny Church, Brian Tamaki, faces identical charges to Samuels over three separate demonstrations against vaccine mandates in Auckland Domain, and has pleaded not guilty.

He was remanded in custody for 10 days for allegedly breaching his bail conditions by attending a Christchurch protest.

Tony Wall/Stuff

7 comments

free

Posted on 13-06-2022 11:36 | By dumbkof2

so it seems the law is not worth the paper its written on


Well

Posted on 13-06-2022 12:30 | By Yadick

That makes a joke of the whole thing doesn't it. It wasn't ok to attend a funeral en-mass but was OK to organize a rally that went against the law of/at the time. Again, the Police do their job and the courts make a mockery of it. What about others that were prosecuted at the time, do they now get a refund, interest and clean-slate?


dumbkof2

Posted on 13-06-2022 14:48 | By Slim Shady

that one certainly wasn't worth the paper it was written on. But then it seems that neither are the speeding laws because every Kiwi speeds, and breaks the law every day, by how much they see fit, and as many people have died from traffic accidents as with Covid in the last 2.5 years. New Zealand is full of glass houses.


@ Slim Shady

Posted on 13-06-2022 15:51 | By Yadick

I agree with you. Fortunately those that get caught normally pay a bit of a price based on the law at the time. As a stone thrower myself in certain glass houses it has cost me. He was caught in breach of the law of the time and just like others had to, he too should pay for that window.


lame

Posted on 13-06-2022 15:52 | By Howbradseesit

what a joke. Makes a mokery of all the good folks that missed funerals and other events because they were abiding.


Yadick

Posted on 14-06-2022 09:11 | By Slim Shady

He has. He was taken to Court. He has paid for a lawyer. His case was dealt with. Discharged without conviction. It befits the 'crime'. The real joke was the all the stupid over the top rules and the Police State response and how Kiwis lapped it all up.


On balance...

Posted on 14-06-2022 12:16 | By morepork

... I believe Judge Bidois has made a correct decision here. Imprisonment and/or a large fine would serve the community less well than $750 to a local charity. The Law cannot be implemented in Black & White; there has to be room to recognize context, remorse, and any mitigating circumstances, and respond. We trust Judges to do this. Sensible sentencing serves all of us better than arbitrary "punishment" because that never improves a situation. The Police did their job and arrested him; their responsibility ends there. I agree with Slim on this one.


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