ALRANZ Abortion Rights Aotearoa Disappointed With Failure To Protect Abortion Clinics In Sentencing Of Paul Barnao

ALRANZ Abortion Rights Aotearoa is disappointed with the lacklustre sentence imposed in the case of repeated abortion clinic trespasser Paul Barnao. Mr Barnao was trespassed from Wellington Regional Hospital in 2022. Since then, he has amassed 14 similar convictions for entering the abortion clinic on hospital grounds. On 20 August 2024, Judge Tony Couch sentenced Mr Barnao to 12 months’ intensive supervision and 80 hours of community work for his 15th trespass. The Judge declined to sentence Mr Barnao to a term of imprisonment for fear of making him a “martyr”.

As ALRANZ has consistently said, anti-choice people present a real threat to the emotional and physical safety of abortion patients and staff. ALRANZ copresident Alma de Anda said “Mr Barnao’s actions – preaching to patients, handing out materials, encouraging them to not have an abortion and trying to stop people from walking into the clinic – are intimidating and entirely inappropriate. His actions interfere with the right of all New Zealanders to access healthcare, and the right of healthcare providers to carry out their work without interference.”

De Anda continued “the sentence imposed does not reflect of Mr Barnao’s repeated offending. It is clear that previous community-based sentences have done little to deter Mr Barnao from reoffending and indeed Mr Barnao has shown complete disregard for court orders since 2022”.

While ALRANZ appreciates that the Judge was trying not to give Mr Barnao further attention, De Anda says this overlooks the fact that the objectives of general and specific deterrence in the Sentencing Act are not met by Mr Barnao’s sentence. Likewise, the effect of Mr Barnao’s offending on the victims, described by the Police as causing about “extreme distress”, has been overlooked. Mr Barnao’s case aptly demonstrates that without adequate enforcement of safe areas and trespass laws, the laws are largely meaningless and women and abortion providers remain unprotected.

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