Friday, February 22, 2008
Aquittal!!
Dear friends
THE PINE GAP 4 HAVE WON THEIR APPEAL!
Today Bryan, Jim, Adele and Donna were acquitted of their convictions under the Defence (Special Undertakings) Act 1952.
It was a unanimous decision by the full bench of the Northern Territory Court of Criminal Appeal.
The three judges agreed with our submission that there was a miscarriage of justice at last year's trial because we were not able to bring evidence before the jury about the function of Pine Gap.
There were other grounds to the appeal, of a more technical nature. The judges will publish the detailed reasons for their decision in coming weeks.
The Prosecution quickly sought a re-trial, but was quickly rebutted.
"What would be achieved for these individuals or the community if there is a re-trial?" asked Justice Riley rather sternly.
The judges unanimously ruled there would be no re-trial.
The fact that we had already served prison time was a significant factor in their decision to refuse a re-trial. We are all very glad we did this as now our slate is clean regarding the other charge of 'damage', under the crimes act. So now it's all over!
This 'David vs Goliath' outcome is a result of the excellent work of our legal team: Ron Merkel QC, Rowena Orr and Russell Goldflam. Their commitment, persistance and brilliance was amazing. They should be heartily congratulated. (I hope to have a way for you all to do that soon).
The result now raises significant questions for the Government about the use of the Defence (Special Undertakings) Act 1952. It was the first, and mostly likely last time it will be used in this context.
It is a victory for fairness and common sense, and a slap in the face for Prosecutor's who seek to use draconian legislation to respond to pacifists partaking in non-violent civil disobedience with an extreme witchunt.
Congratulations to our Pine Gap colleagues Jessica Morrison and Sean O'Reilly and thanks to everyone involved in our journey since December 2005.
It's been an amazing experience for all of us!
Rise Up!
Put Pine Gap on trial!
cheers from
Donna, Jim. Adele, Bryan
THE PINE GAP 4 HAVE WON THEIR APPEAL!
Today Bryan, Jim, Adele and Donna were acquitted of their convictions under the Defence (Special Undertakings) Act 1952.
It was a unanimous decision by the full bench of the Northern Territory Court of Criminal Appeal.
The three judges agreed with our submission that there was a miscarriage of justice at last year's trial because we were not able to bring evidence before the jury about the function of Pine Gap.
There were other grounds to the appeal, of a more technical nature. The judges will publish the detailed reasons for their decision in coming weeks.
The Prosecution quickly sought a re-trial, but was quickly rebutted.
"What would be achieved for these individuals or the community if there is a re-trial?" asked Justice Riley rather sternly.
The judges unanimously ruled there would be no re-trial.
The fact that we had already served prison time was a significant factor in their decision to refuse a re-trial. We are all very glad we did this as now our slate is clean regarding the other charge of 'damage', under the crimes act. So now it's all over!
This 'David vs Goliath' outcome is a result of the excellent work of our legal team: Ron Merkel QC, Rowena Orr and Russell Goldflam. Their commitment, persistance and brilliance was amazing. They should be heartily congratulated. (I hope to have a way for you all to do that soon).
The result now raises significant questions for the Government about the use of the Defence (Special Undertakings) Act 1952. It was the first, and mostly likely last time it will be used in this context.
It is a victory for fairness and common sense, and a slap in the face for Prosecutor's who seek to use draconian legislation to respond to pacifists partaking in non-violent civil disobedience with an extreme witchunt.
Congratulations to our Pine Gap colleagues Jessica Morrison and Sean O'Reilly and thanks to everyone involved in our journey since December 2005.
It's been an amazing experience for all of us!
Rise Up!
Put Pine Gap on trial!
cheers from
Donna, Jim. Adele, Bryan
Aquittal!
Photo Courtesy of ABC Online - their story below.
Court finds in favour of Pine Gap protestors
The Territory's Court of Criminal Appeal has quashed the convictions of four protesters who broke into the Pine Gap defence facility three years ago.
Last year, Bryan Law, Adele Goldie, Jim Dowling and Donna Mulhearn were found guilty of breaking into the spy base using wire cutters in the Northern Territory Supreme Court in Alice Springs. They were the first people to be charged under the Defence Special Undertakings Act of 1952. The foursome were fined a total of $3,000.
They appealed against their convictions, and today the Territory's full Court of Criminal Appeal found in their favour.
It's now off to the Director of Public Prosecutions to decide whether to pursue a retrial or drop the matter.
Minor convictions for trespass and criminal damage will still stand.
Appeal Day Two
Appeal update - Day Two, an unexpected surprise [21 Feb 2008|09:11pm]
THURSDAY FEB 21
A quick run down on what happened today in court:
Bryan was released from prison this morning, as expected. When we arrived at court we found him in good spirits enjoying a hot cappucino and toasted sandwich in the cafe. After 10 days of prison food, he was thrilled! He was in good form and very much looking forward to watching the appeal with us in the public gallery.
Ron Merkel QC, continued his submission on our behalf. He was as eloquent, persistent and convincing as ever.
Late morning there was an unexpected turn of events: The three appeal judges began to consider Jim’s position as the last defendent left in custody. They clearly wanted him granted bail and released but were unsure of their power to do it immediately. During the lunch break they investigated the matter. We were pleasantly surprised at their determination to see him freed as soon as possible. After the lunch break he was granted bail and able to walk free from the dock to the public gallery and later out the door with us!
Jim was not due for release until Monday. Hooray for that unexpected blessing!
The prosecution then rose to begin its argument against our appeal, which they will conclude in the morning.
We were all very pleased with the events of the day, especially the way Ron was able to advance his arguments to support the quashing of our convictions.
We head into the final day tomorrow….
More news then
Love from all in Darwin
PS: For those who have media contacts and/or post to blogs and websites, I will paste below our two latest media updates:
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).
For more information or interviews with the Pine Gap Four, contact Katie McRobert 0408 468 992
PINE GAP TRIAL APPEAL - UPDATE Day One
Thurs 21 Feb 2008
The appeals of the Pine Gap Four began today with Mr Ron Merkel QC successfully applying to exclude the Commonwealth legal team on the grounds that the Commonwealth and Crown's interests in this case "are identical" and that Commonwealth intervention in the matter was an unnecessary intrusion.
Five of the seven DPP lawyers were then excused from the courtroom.
The remainder of the day was taken up with lively - though intricate - judicial discussion of the extraordinary use of the Defence (Special Undertakings) Act 1952, led by Mr Merkel.
The trial continues today (Thurs 21 Feb) with the appeal against the June 2007 conviction. It is expected the DPP's appeal against the leniency of sentencing will be heard either this afternoon or Friday morning.
The mood of the Pine Gap Four (Donna Mulhearn, Bryan Law, Jim Dowling and Adele Goldie) is positive. Mr Law will be released from prison this morning, and Jim Dowling will remain in jail until Monday 25 Feb.
For further information or interviews with the Pine Gap Four, contact Katie McRobert 0408 468 992
THURSDAY FEB 21
A quick run down on what happened today in court:
Bryan was released from prison this morning, as expected. When we arrived at court we found him in good spirits enjoying a hot cappucino and toasted sandwich in the cafe. After 10 days of prison food, he was thrilled! He was in good form and very much looking forward to watching the appeal with us in the public gallery.
Ron Merkel QC, continued his submission on our behalf. He was as eloquent, persistent and convincing as ever.
Late morning there was an unexpected turn of events: The three appeal judges began to consider Jim’s position as the last defendent left in custody. They clearly wanted him granted bail and released but were unsure of their power to do it immediately. During the lunch break they investigated the matter. We were pleasantly surprised at their determination to see him freed as soon as possible. After the lunch break he was granted bail and able to walk free from the dock to the public gallery and later out the door with us!
Jim was not due for release until Monday. Hooray for that unexpected blessing!
The prosecution then rose to begin its argument against our appeal, which they will conclude in the morning.
We were all very pleased with the events of the day, especially the way Ron was able to advance his arguments to support the quashing of our convictions.
We head into the final day tomorrow….
More news then
Love from all in Darwin
PS: For those who have media contacts and/or post to blogs and websites, I will paste below our two latest media updates:
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).
For more information or interviews with the Pine Gap Four, contact Katie McRobert 0408 468 992
PINE GAP TRIAL APPEAL - UPDATE Day One
Thurs 21 Feb 2008
The appeals of the Pine Gap Four began today with Mr Ron Merkel QC successfully applying to exclude the Commonwealth legal team on the grounds that the Commonwealth and Crown's interests in this case "are identical" and that Commonwealth intervention in the matter was an unnecessary intrusion.
Five of the seven DPP lawyers were then excused from the courtroom.
The remainder of the day was taken up with lively - though intricate - judicial discussion of the extraordinary use of the Defence (Special Undertakings) Act 1952, led by Mr Merkel.
The trial continues today (Thurs 21 Feb) with the appeal against the June 2007 conviction. It is expected the DPP's appeal against the leniency of sentencing will be heard either this afternoon or Friday morning.
The mood of the Pine Gap Four (Donna Mulhearn, Bryan Law, Jim Dowling and Adele Goldie) is positive. Mr Law will be released from prison this morning, and Jim Dowling will remain in jail until Monday 25 Feb.
For further information or interviews with the Pine Gap Four, contact Katie McRobert 0408 468 992
Wednesday, February 20, 2008
Appeal Day 1
Appeal Day One [20 Feb 2008|09:03pm]
February 20, 2008 - Darwin
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 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 defendents.”
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,
Donna
PS: Remember Ken? The Head of security at Pine Gap who we have come to know quite well in the last two years? He has taken holidays so he could be present at the appeal as an observer. With him and so many other familiar faces in the courtroom one of the DPP lawyers commented “it’s like a family re-union!”
February 20, 2008 - Darwin
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 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 defendents.”
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,
Donna
PS: Remember Ken? The Head of security at Pine Gap who we have come to know quite well in the last two years? He has taken holidays so he could be present at the appeal as an observer. With him and so many other familiar faces in the courtroom one of the DPP lawyers commented “it’s like a family re-union!”
Tuesday, February 12, 2008
Donna's thoughts re: Darwin arrest
Here's Donna's thoughts about her impending arrest written last night..
----------------------
How do I feel?
Thoughts of a pilgrim en-route to prison
My friends groaned with concern when they heard I would spend a few days in prison.
"Be careful," they advised with big eyes and a solemn tone, "you remember what happened on Prisoner."
Thankfully I never watched Prisner - that 1980s prison drama set in Cell Block C or D of some women's prison somewhere. But I do recall there were some big, butch, angry prison officers, and less than charming inmates whose tense interactions kept the attention of Australian viewers for many years.
So with a mind free from the unpleasant images my friends have of Cell Block C, I am going into this experience naively optimistic.
That's not to say it won't be damn hard. But not every experience that is hard is bad.
I'm in Darwin now (Wed). They took Bryan into custody on Tuesday so that's why I'm trying to get my thoughts together now - notes to people, instructions, what did I forget to do.
Just about everyone I have spoken to in the last month has asked me: How do you feel about going to prison?
So here's my thoughts and questions about prison:
I will be relieved when the strip search is over.
I am not as worried about what prison officers might say to me, as what I might say to them. You may have noticed I'm one who tends to speak my mind, whether invited to or not. If I think there is a situation that is de-humanising, I will most likely challenge it, in a friendly but firm manner. I have been encouraged to do this by experienced people, but don't worry; I will play it by ear!
I will not be allowed to bring in anything. My clothes and possessions will be taken and I will be issued with a pair of shorts and a t-shirt, the colour of which will indicate which security risk I am: low, moderate or maximum. I am curious about which colour I will get, I am also curious about how the other prisoners will cope with the sight of my legs considering I have not worn a pair of shorts for 15 years!
I am disappointed I will not be able to watch the historic Government apology to the stolen generations on Wednesday, but what an interesting place to be - a prison in the Northern Territory where 85% of the prison population are indigenous. I will be curious about their opinion.
The questions I have in my head are simple, (perhaps the same as what you might ask) they include:
Will I be able to have a pen and paper (this will essential to keep me sane!)
Will they give me a toothbrush?
Will I share a cell with Adele, or someone else, or be on my own?
Will I have any privacy at all?
What will the other prisoners be like?
If I joke with the prison officers will it be well received, or frowned upon?
Can I have a cup of tea when I want to?
Will I get any sleep with the noises and lights?
Will I be rehabilitated? (just kidding!)
Will I hate it and try to organise a break-out?
Will I wish I had watched Prisoner as a child so I least I was more prepared?
Am I gonna cope?
My attitude is this:
I was not prepared to contribute financially to the Government's coffers by paying my fine, but in the tradition of civil disobedience I am prepared to take responsibility for my actions and accept the penalty of prison time in lieu of the fines.
It will be the next stage of a journey that started a long time ago. It is a journey that has a lot of meaning and purpose, and that's what I will draw on when I get frustrated.
I am treating the next five days as a kind of spiritual retreat. I have made a schedule of activities in my head that includes meditation, tai chi, exercise, gospel reading and journal writing.
I have connected with prison chaplains, and they will bring me books and company. I have requested to receive communion.
In the season of lent, a time of deeper spiritual discipline, what better place could I be? The desert of Cell Block C.
I am told we will be locked in our cells from 3.30pm until 8pm the next morning - sounds like a boring stretch but I am a contemplative - solitude and quietness is food for my soul.
I am wary, I am curious, I feel strong and I feel alive.
Speaking the truth to power, despite the consequences, is always liberating.
Your pilgrim
Donna
PS: I hope to get some messages out via the prison chaplains, if not, you might hear from me again on Monday.
PPS: "Here I stand. I cannot do otherwise. So help me God." Martin Luther.
----------------------
How do I feel?
Thoughts of a pilgrim en-route to prison
My friends groaned with concern when they heard I would spend a few days in prison.
"Be careful," they advised with big eyes and a solemn tone, "you remember what happened on Prisoner."
Thankfully I never watched Prisner - that 1980s prison drama set in Cell Block C or D of some women's prison somewhere. But I do recall there were some big, butch, angry prison officers, and less than charming inmates whose tense interactions kept the attention of Australian viewers for many years.
So with a mind free from the unpleasant images my friends have of Cell Block C, I am going into this experience naively optimistic.
That's not to say it won't be damn hard. But not every experience that is hard is bad.
I'm in Darwin now (Wed). They took Bryan into custody on Tuesday so that's why I'm trying to get my thoughts together now - notes to people, instructions, what did I forget to do.
Just about everyone I have spoken to in the last month has asked me: How do you feel about going to prison?
So here's my thoughts and questions about prison:
I will be relieved when the strip search is over.
I am not as worried about what prison officers might say to me, as what I might say to them. You may have noticed I'm one who tends to speak my mind, whether invited to or not. If I think there is a situation that is de-humanising, I will most likely challenge it, in a friendly but firm manner. I have been encouraged to do this by experienced people, but don't worry; I will play it by ear!
I will not be allowed to bring in anything. My clothes and possessions will be taken and I will be issued with a pair of shorts and a t-shirt, the colour of which will indicate which security risk I am: low, moderate or maximum. I am curious about which colour I will get, I am also curious about how the other prisoners will cope with the sight of my legs considering I have not worn a pair of shorts for 15 years!
I am disappointed I will not be able to watch the historic Government apology to the stolen generations on Wednesday, but what an interesting place to be - a prison in the Northern Territory where 85% of the prison population are indigenous. I will be curious about their opinion.
The questions I have in my head are simple, (perhaps the same as what you might ask) they include:
Will I be able to have a pen and paper (this will essential to keep me sane!)
Will they give me a toothbrush?
Will I share a cell with Adele, or someone else, or be on my own?
Will I have any privacy at all?
What will the other prisoners be like?
If I joke with the prison officers will it be well received, or frowned upon?
Can I have a cup of tea when I want to?
Will I get any sleep with the noises and lights?
Will I be rehabilitated? (just kidding!)
Will I hate it and try to organise a break-out?
Will I wish I had watched Prisoner as a child so I least I was more prepared?
Am I gonna cope?
My attitude is this:
I was not prepared to contribute financially to the Government's coffers by paying my fine, but in the tradition of civil disobedience I am prepared to take responsibility for my actions and accept the penalty of prison time in lieu of the fines.
It will be the next stage of a journey that started a long time ago. It is a journey that has a lot of meaning and purpose, and that's what I will draw on when I get frustrated.
I am treating the next five days as a kind of spiritual retreat. I have made a schedule of activities in my head that includes meditation, tai chi, exercise, gospel reading and journal writing.
I have connected with prison chaplains, and they will bring me books and company. I have requested to receive communion.
In the season of lent, a time of deeper spiritual discipline, what better place could I be? The desert of Cell Block C.
I am told we will be locked in our cells from 3.30pm until 8pm the next morning - sounds like a boring stretch but I am a contemplative - solitude and quietness is food for my soul.
I am wary, I am curious, I feel strong and I feel alive.
Speaking the truth to power, despite the consequences, is always liberating.
Your pilgrim
Donna
PS: I hope to get some messages out via the prison chaplains, if not, you might hear from me again on Monday.
PPS: "Here I stand. I cannot do otherwise. So help me God." Martin Luther.
Pine Gap Four ARRESTED
Hi friends, the Four are in custody now serving short sentences (5 days-2 weeks) for non-payment of their fines.. below is the press release sent out earlier today.
- Katie
-----------------------
Pine Gap Trial Appeal Feb 2008
Wed Feb 13 2007 12.30pm EST / 11am NT
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:
www.pinegapontrial.blogspot.com
www.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.
-------------------------
EVENTS:
Tues 19 Feb 6.30pm – Public meeting, Groove Cafe, Pavonia Place, Nightcliff.
Wed 20 Feb – Appeal begins Darwin Supreme Court.
INTERVIEWS with defendants available – photographs also available, including portraits & action pics.
For more information contact Katie McRobert 0408 468 992
- Katie
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Pine Gap Trial Appeal Feb 2008
Wed Feb 13 2007 12.30pm EST / 11am NT
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:
www.pinegapontrial.blogspot.com
www.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.
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EVENTS:
Tues 19 Feb 6.30pm – Public meeting, Groove Cafe, Pavonia Place, Nightcliff.
Wed 20 Feb – Appeal begins Darwin Supreme Court.
INTERVIEWS with defendants available – photographs also available, including portraits & action pics.
For more information contact Katie McRobert 0408 468 992
Wednesday, January 9, 2008
Back to Court on Feb 20-22
Dear friends
The next stage of our journey to shine the spotlight on Pine Gap’s war-making role continues in this New Year with appeals in a Northern Territory courtroom, via a visit to Darwin’s prisons.
The appeal and cross-appeal of the Pine Gap 4 case is scheduled to be heard in the Northern Territory Court of Criminal Appeal on February 20-22, 2008 in Darwin.
Reminder: the Prosecution lodged an appeal against what they consider too lenient sentences (fines) handed down by Judge Sally Thomas at the conclusion of our trial last year.
Also: Two of us have lodged an appeal against our conviction based 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.
In the meantime: warrants for our arrest have been issued in the Northern Territory following our decision to appeal and to not contribute financially to the Government’s coffers by paying our fines. Yes, you would think penalties would be suspended while an appeal is in progress, but this is not the case.
This means we will need to serve time in prison, and will likely be arrested soon after our arrival in Darwin.
Our sentences will range from 5-6 days for the girls to 2-3 weeks for the guys.
We’ll send further details about this and the appeal as they come to light; in the meantime if you’d like to continue your wonderful support of our action, there are a few ways:
* Do you know anyone in Darwin? Activists, friends, concerned citizens, anyone who might be interested in our trial. We would like to connect with people who can help us organise meetings and actions in Darwin, as well as attend the courtroom. And maybe even offer a bed for a few nights?
* Come to Darwin! There are currently special prices on flights to Darwin, if you would like to join us that would be great! There will be plenty to do!
* If anyone does not already have the bestselling CD Rise Up and Speak the Truth, please order a few copies for your friends. $20 or $15 concession, just reply by e-mail to order.
* Order a copy of our booklet, hot off the press: “Liberating Pine Gap - The story of one small group’s efforts at resisting war”. The story of our action, available for $5, just e-mail back with your order.
* Donations are still very welcome as we have many costs to meet around the appeal etc.
* Think about participating in an action being planned at Pine Gap around Anzac Day in 2008 in Alice Springs.
More news about all this soon. Thanks again for all your support thus far, it has been wonderful – a special thanks to our amazing group of supporters who were with us during the trial in Alice Springs.
At this time of year, we wish you some time to pause and reflect on all things hopeful.
Peace
Donna and Pine Gap colleagues
PS: "The light shines in the darkness, and the darkness has not overcome
it." (John 1:3)
The next stage of our journey to shine the spotlight on Pine Gap’s war-making role continues in this New Year with appeals in a Northern Territory courtroom, via a visit to Darwin’s prisons.
The appeal and cross-appeal of the Pine Gap 4 case is scheduled to be heard in the Northern Territory Court of Criminal Appeal on February 20-22, 2008 in Darwin.
Reminder: the Prosecution lodged an appeal against what they consider too lenient sentences (fines) handed down by Judge Sally Thomas at the conclusion of our trial last year.
Also: Two of us have lodged an appeal against our conviction based 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.
In the meantime: warrants for our arrest have been issued in the Northern Territory following our decision to appeal and to not contribute financially to the Government’s coffers by paying our fines. Yes, you would think penalties would be suspended while an appeal is in progress, but this is not the case.
This means we will need to serve time in prison, and will likely be arrested soon after our arrival in Darwin.
Our sentences will range from 5-6 days for the girls to 2-3 weeks for the guys.
We’ll send further details about this and the appeal as they come to light; in the meantime if you’d like to continue your wonderful support of our action, there are a few ways:
* Do you know anyone in Darwin? Activists, friends, concerned citizens, anyone who might be interested in our trial. We would like to connect with people who can help us organise meetings and actions in Darwin, as well as attend the courtroom. And maybe even offer a bed for a few nights?
* Come to Darwin! There are currently special prices on flights to Darwin, if you would like to join us that would be great! There will be plenty to do!
* If anyone does not already have the bestselling CD Rise Up and Speak the Truth, please order a few copies for your friends. $20 or $15 concession, just reply by e-mail to order.
* Order a copy of our booklet, hot off the press: “Liberating Pine Gap - The story of one small group’s efforts at resisting war”. The story of our action, available for $5, just e-mail back with your order.
* Donations are still very welcome as we have many costs to meet around the appeal etc.
* Think about participating in an action being planned at Pine Gap around Anzac Day in 2008 in Alice Springs.
More news about all this soon. Thanks again for all your support thus far, it has been wonderful – a special thanks to our amazing group of supporters who were with us during the trial in Alice Springs.
At this time of year, we wish you some time to pause and reflect on all things hopeful.
Peace
Donna and Pine Gap colleagues
PS: "The light shines in the darkness, and the darkness has not overcome
it." (John 1:3)
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