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email the perth indmedia mob...
Pine Gap 4 arrested & in custody |
| by Pine Gap 4 |
2008-02-13 4:20 PM +0900 |
February 13, 2008: PACIFISTS ARRESTED
Three Christian pacifists were taken into custody this morning (Wed 13 Feb) as they prepared for a planned 2pm vigil at the Supreme Court steps in Darwin. A fourth member of the group (Bryan Law) was arrested yesterday afternoon... |
The Pine Gap Four, convicted last year under the untested Defence (Special Undertakings) Act of 1952, will next week contest the DPP's appeal against the leniency of their sentences in the Darwin Supreme Court.
Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney will serve short jail terms (5 days – 2 weeks) as a consequence of their decision not to pay the fines imposed by Justice Sally Thomas in June 2007.
"The Federal Government,' said Ms Mulhearn, "is involved in funding wars around the world and involved in various wars and so we made a decision that we would be very happy to take responsibility for our actions but we're not willing to contribute financially. But we will serve our prison time in lieu of that."
On January 4, 2008 Richard Ackland published an article in the SMH discussing "an impressive list of civil liberties violations in our relaxed and comfortable land", listing the Pine Gap Trial as one of the "fresh outcrop of abrasions to our rights".
The 'Pine Gap Four' entered the prohibited zone of the Pine Gap Joint Defence Facility on December 9th 2005 to conduct a Citizen's Inspection, with the intention of highlighting the base's - and Australia's - role in the Iraq war.
Previous incursions into the base resulted in charges of trespass, but then-Attorney-General Philip Ruddock created legal history by directing the DPP to charge the Four under the 1952 Act, carrying a sentence of up to seven years imprisonment. Barrister advising the Four, Rowena Orr, said "The Defence (Special Undertakings) Act limits the fundamental right of freedom of movement of citizens."
Prosecuting Counsel Mr Hilton Dembo claimed the group's deliberately non-violent and transparent actions "struck at the heart of the national security and national interest". Justice Thomas noted that Pine Gap has a significant history of protest and trespass. "It's a big step up to talk about a jail sentence," she said during the 2007 trial, "a prison sentence is one of last resort."
The group were found guilty and sentenced with minor fines on June 15 2007. Several months later the DPP decided to appeal the sentences (see below)* saying Justice Thomas failed to have regard to the maximum penalties and that the imposition of fines was "manifestly inadequate".
"What this journey so far tells me" said Mr Bryan Law "is that the Commonwealth (in this case ASIO, the AFP, the DPP, and the DoD) is seeking to increase the criminal punishment for civil disobedience in what can only be an effort to curb political dissent."
Ms Mulhearn and Ms Goldie have also lodged appeals against the group's convictions. "This is based," said Ms Mulhearn "on various points of law relating to the use of the Defence (Special Undertakings) Act and other matters that did not allow us to have a fair trial.
"I don't believe I committed a crime. What I did was an attempt to transform a military base into something open and honest. I've witnessed first hand the activities of Pine Gap and the result of what occurs there. I've seen women and children's bodies ripped to pieces and maimed.
"We felt we had a moral obligation. As human beings we have a responsibility that rises above technical law."
Mr Law agreed: "What's moral is not always legal, and what is immoral is not always illegal. If there is a minor law that has to be broken in the pursuit of moral faith then I will break it."
The Pine Gap Four follow the non-violence philosophies espoused by Jesus, Gandhi, Martin Luther King and Dorothy Day. The appeal starts on Wednesday 20 February.
Further information:
http://www.pinegapontrial.blogspot.com
http://pinegap6.org/media
http://webdiary.com.au/cms/?q=node/1064
http://www.nt.gov.au/ntsc/doc/sentencing_remarks/2007/06/20070615lawors.html
* NOTICE OF APPEAL
The appellant appeals against the sentences imposed by the Supreme Court of the Northern Territory of Australia at Alice Springs on 15 June 2007 on charges of damaging Commonwealth property, contrary to section 29 Crimes Act 1914 (Cth), entering a prohibited area, contrary to section 9(1) Defence (Special Undertakings) Act 1952 (Cth) and use a camera in a prohibited area, contrary to section 17(1) Defence (Special Undertakings) Act 1952 (Cth).
GROUNDS:
The Learned Trial Judge failed to have regard to the maximum penalties;
The Learned Trial Judge erred by placing inadequate weight on general deterrence;
The Learned Trial Judge erred by placing inadequate or no weight on specific deterrence;
The sentence imposed by the Leaned Trial Judge failed to accurately reflect the objective seriousness of the offending and lack of contrition;
The Learned Trial Judge erred in considering the Second and Third Respondents gave considerable cooperation;
The Learned Trial Judge erred when referring to the antecedent report of the Second Respondent;
In imposing fines, the Learned Trial Judge did not consider section 16C Crimes Act 1914 (Cth); and
Having regard to the objective facts and circumstances, the imposition of fines by the Learned Trial Judge was manifestly inadequate.
For more information contact Katie McRobert 0408 468 992 |
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PHOTO DARWIN LINK- Adele, Donna & Jim Outta Custody/in Custody |
| by Solidarity |
2008-02-15 6:06 AM +0900 |
http://www.indymedia.ie/article/86180&comment_limit=0&condense_comments=false#comment219628
Link here
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"Liberating Pine Gap" booklet available for $5! |
| by Solidarity |
2008-02-15 10:59 AM +0900 |
"Liberating Pine Gap"
The story of one small group's efforts at resisting war and
"Liberating Pine Gap"
http://bushtelegraph.wordpress.com/recent/liberating-pine-gap-by-jim-dowling-ed/
"In an age of universal deceit, telling the truth is a revolutionary act!" - George Orwell
"Liberating Pine Gap is an important resource for resisting Australian complicity in the war on Iraq."
Ciaron O'Reilly
"Liberating Pine Gap" booklet available for $5
Make cheque out to
"Sean O'Reilly"
send
c/- 69 Kurumba St,
Kippa-Ring, QLD, 4021
AUSTRALIA
Link here
|
Does this mean the pine gappers have been released? |
| by Al - Perth Indy |
2008-02-15 11:40 AM +0900 |
Can anyone confirm? Have the 4 been released?
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|
Response |
| by Ciaron |
2008-02-16 7:30 AM +0900 |
4 haven't been released yet. First one Donna due out Sunday. Adele MOday. The lads later in the week. They then face the Prosecution appeal attempt laterin the week to hit them with extended prison time
Link here
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| by Margaret |
2008-02-16 12:46 PM +0900 |
There are two speeches one by Ciaron O'Reilly and one by Bryan Law about the functions of the US spy base at Pine Gap in Central Australia.
http://www.youtube.com/watch?v=mEtArL7mStI#GU5U2spHI_4
Catholic Worker Ciaron O'Reilly speaks at the gates of Pine Gap Oct 7th 06. Action organised by the www.PineGap6.org following Dec 05 "Citizens Inspection" at Pine Gap.[www.en.wikipedia.org/wiki/Ciaron_O'
Reilly]
http://www.youtube.com/watch?v=fISiZwT_X4Y&feature=user
Bryan Law's speech at the Gates of Pine Gap US Spy Base outlines the history and purposes of PG. [ www.pinegap6.org] Ends with the "Transformation of the Sign" telling the truth about PG.
http://www.youtube.com/watch?v=gzjdxaRaTf4&feature=user
Australian citizens line up and make the request of authorities to inspect Pine Gap US Spy Base as part of www.pinegap6.org attempted citizens inspection of the base. The action resulted in the 5 arrests of those who insisted on inspecting.
Link here
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Update from Darwin |
| by Donna - PG4 |
2008-02-19 6:02 PM +0900 |
Dear friends,
Greetings from wet, stormy Darwin where we are all set for the beginning of our appeal tomorrow (Wednesday).
We have a public meeting in Darwin tonight where we hope to enjoy mutually encouraging discourse with local supporters.
We have had good local media coverage up here, particularly in the NT News newspaper (quite an achievement considering we did not catch a crocodile!) and on the ABC. I did an interview on the local ABC Radio breakfast show this morning, in which the presenter allowed me to broach a number of subjects including my time in prison, non-violent action, my spirituality, Pine Gap and our court case.
Other newspapers/organisa tions have run stories on their websites, a selection below:
http://news. smh.com.au/ protesters- jailed-over- pine-gap- breakin/20080213 -1s1j.html
http://www.abc. net.au/news/ stories/2008/ 02/18/2165915. htm
http://www.greenlef t.org.au/ 2008/740/ 38300
http://www.cathnews .com/news/ 802/86.php
http://www.westende r.com.au/ stories.php? s_id=839
http://webdiary. com.au/cms/ ?q=node/2263
There is also info and updates on several IndyMedia sites around the world, the best one is the Irish site at the link below. Scroll to the bottom to read the most recent reports and pics of Jim, Adele and Donna going into custody.
http://www.indymedi a.ie/article/ 86180
you can contribute to the discussion board there, or the other the UK and Sydney sites, below
http://www.indymedi a.org.uk: 80/en/2008/ 02/391083. html
http://sydney. indymedia. org.au/story/ solidarity- text-pine- gap-4-heading- darwin-heading- jail
Feel free add your comments….
Adele was released on Monday; she is fine and keen to share about her experience and the conditions in Berrima prison soon.
We will see Bryan and Jim in court tomorrow; they will attend in custody and sit in the dock.
We’re all in good spirits and excited about the next leg of the journey.
Thanks for traveling with us, and for all your wonderful support.
Donna and Pine Gap colleagues
Link here
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An Update from a PG4 in Darwin's Appeal Court |
| by ! |
2008-02-21 1:11 PM +0900 |
Dear friends
After day one of the Pine Gap 4 appeal in the Northern Territory Court of Appeal in Darwin, I’ll repeat what I’ve been quietly declaring all day: “I think we’re winning…”
After saying that, I’m mindful of the fact that our legal team is still presenting its case and the Prosecution hasn’t had a chance to speak yet, but that’s a minor detail!
But realistically, by lunchtime tomorrow I might have a totally different opinion.
I have to confess I was never really expecting to have our convictions overturned at this appeal, but when I admitted such to our very own QC, Ron Merkel, this morning, his response was “why not? The objective is to win!”
He then put me and my doubt to shame by proceeding to present five hours of dazzling legal argument, whilst barely taking a breath!
We won the first legal argument: an application by the Commonwealth and its agencies (ie Dept of Defence, Federal Police, ASIO [Ed. Note ASIO = Australian Security Intelligence organisation]etc) to be party to the appeal and have its lawyers at the table.
Ron argued that any third party intervention would be “meddling” in a dispute between the crown and the accused.
“It’s an important matter of principle. The rules of intervention are quite clear,” he told the court.
“The Crown and Commonwealth will put identical submissions; it would be a bi-lateral attack on the accused.”
After one hour of debate the panel of three judges returned a ruling against the Commonwealth intervention.
Round One to Ron Merkel.
The band of Commonwealth lawyers (5) packed up their bags and retreated. It was a good omen.
Then the real action of the appeal began: Ron began to lay out his arguments of the appeal which are quite technical and complex. They relate to definitions used in the Defence Special Undertakings Act 1952 (under which we are charged) about what is a “prohibited area”, and matters of procedural unfairness at the trial.
He reminded the judges that protestors at Pine Gap would normally be charged with trespass and dealt with in the Magistrates Court, and of the significance that no one had ever been charged under the 1952 DSU legislation.
“The issues the act raises at the time of the offence in 2005 are not the issues parliament had in mind back in 1952,” he said.
“Pine Gap was not in the contemplation of Parliament in 1952.
“The legislation has extraordinary power to make any area a prohibited area and trespassers punished with seven years in jail.
“The act produces such as odd outcome in 2005, 42 years after it was passed.”
I will spare further details of the next five hours of legal argument, the judges asked many technical questions and everyone did their best to follow. But Ron’s conclusion was clear: because of the errors made by the original judge our conviction should be quashed and no new trial ordered.
And he left this question hanging:
“One may query why this particular course has been taken against these defendants.”
One may indeed.
We had good local support at a vigil outside the courthouse before the appeal began and in the courtroom. Also an excellent report on ABC TV tonight.
Ron did not finish presenting his arguments today, he continues at 10am tomorrow.
More news tomorrow,
Link here
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Support! Solidarity! Great stuff... |
| by Perth Indy Reader |
2008-02-21 7:31 PM +0900 |
Hey thanks for keeping us informed!
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Thursday Court Report fomr Darwin |
| by PG4 |
2008-02-24 2:44 AM +0900 |
*There were two appeals set to be heard in Darwin.
Adele Goldie & Donna Mulhearn were appealing their conviction under the Australian Defence Undertakings Act 1952. The state were then to appeal the lightness of the sentencing.
TWO MORE PACIFISTS RELEASED – UPDATE DAY TWO
Pine Gap Trial Appeal Update THURS 21 Feb 2008
In a surprising turn of events Jim Dowling of the Pine Gap Four was unexpectedly released from prison today in the Darwin Court of Appeal.
Mr Dowling, who was due to remain incarcerated until Monday 25 Feb, was released on bail pending outcome of the appeal. He was delighted to join friends and supporters in the court gallery at 3.15pm. Mr Bryan Law was also released this morning after serving his sentence of ten days in lieu of fine payment.
Meanwhile Mr Ron Merkel QC advanced strong arguments to quash the June 2007 convictions of the Pine Gap Four under the Defence (Special Undertakings) Act of 1952.
Mr Merkel argued against a retrial saying it would be out of the question due to the costs already borne by the Australian public, the court system and the Pine Gap Four personally and financially.
"Enough is enough", he said.
Mr Paul Usher for the DPP began his case but told Justices Martin, Angel and Riley that he was also awaiting further instruction from Director of the Commonwealth DPP, Mr Chris Craigie SC, who was unable to be reached this afternoon.
The appeal continues at 10am tomorrow (Friday 22 Feb).
http://www.pinegap6.org
Link here
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LINK-Pine Gap Convictions Overturned - All Outta Jail! |
| by Solidarity |
2008-02-25 12:05 PM +0900 |
http://perth.indymedia.org/index.php?action=newswire&parentview=119410
Link here
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