Richard Trevor Sivell is a New Zealand conspiracy theorist who was convicted of threatening to kill then-Prime Minister Jacinda Ardern in 2021 and 2022. He will be sentenced on 7 January 2025.[1]

Richard Trevor Sivell
Born1982 or 1983 (age 41–42)
Criminal statusConvicted, not yet sentenced
Criminal chargeThreatening to kill
Time at large
20 months, 15 days
Details
VictimsJacinda Ardern
Span of crimes
2021–2022
CountryNew Zealand
Date apprehended
9 January 2024

Threats to kill Jacinda Ardern

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Arrest and disappearance, 2022

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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

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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

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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 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 and set an appearance date of October 30.[8] (In the interim, in the Tauranga District Court, Sivell was convicted on charges of threatening to kill.)

Self-representation and "sovereign citizen" arguments

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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 another sovereign citizen-style assertion, Sivell invoked arcane law in claiming "allodial title" over a small public building near Te Puke.[2][9]

Involvement in New Zealand's conspiracy culture

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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".[10] He also texted Schulte to say, "I'm coming for you Peter [...] watch the wrath of God fall upon you."[11] Sivell's harassment of Schulte escalated from a dispute over whether the council was responsible for repairing potholes in a driveway.[12]

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. [13]

Sivell participated in the 2022 Wellington protest, which occurred the month before he was first arrest for making death threats.[9]

References

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  1. ^ 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.
  2. ^ a b Mitchell, Charlie (15 May 2023). "The barefoot, small-town 'sheriff' who allegedly attacked a council boss". The Post. Retrieved 4 October 2024.
  3. ^ 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.
  4. ^ Wall, Tony (26 April 2022). "Arrest warrant issued for man who allegedly threatened to kill PM". Stuff. Retrieved 4 October 2024.
  5. ^ 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.
  6. ^ 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.
  7. ^ "Christchurch Mosque Attack Livestream classification decision". Te Mana Wakaatu - Classification Office. 18 March 2019. Retrieved 3 October 2024.
  8. ^ Bathgate, Benn (21 August 2024). "'Man of peace' declines to plead on mosque shooting video charges". Waikato Times. Retrieved 3 October 2024.
  9. ^ a b Manhire, Toby (29 March 2022). "Extremist participant in parliamentary occupation arrested after standoff in Te Puke". The Spinoff. Retrieved 4 October 2024.
  10. ^ Kirkeby, Luke (26 November 2020). "Police issue harrassment warning for Nazi slurs". Stuff. Retrieved 4 October 2024.
  11. ^ 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.
  12. ^ Kirkeby, Luke (8 July 2020). "German councillor called Nazi in letter box drop over driveway dispute". Stuff. Retrieved 4 October 2024.
  13. ^ Manhire, Tony (30 March 2022). "9.03am: Te Puke extremist released on bail". The Spinoff. Retrieved 4 October 2024.