Pine Gap 4 Convictions Overturned! - All Outta Jail!

by Jefferson Lee Sat Feb 23, 2008 20:49

A group known as The Pine Gap Four" danced deliriously just before midday today on the steps of the Darwin Supreme Court in the Northern Territory (N.T.), Australia. Holding up a banner saying "Rise up against War" the activists remained defiant despite facing potentially seven year gaol sentences. Minutes before the three judge full bench of the N.T. Supreme Court had over-turned all their convictions under the Defence (Special Undertakings) Act 1952 These charges related to allegedly trespassing on "prohibited areas" and taking photos of the top secret USA-controlled spy base 'Pine Gap'. The base is located 21 kilometres South of Alice Springs in the N.T. Minor charges under the Crimes Act which related to damaging the exterior fence of the installation were not appealed against. Fines imposed by the lower court were "worked off" in Berrimah Prison last week in lieu of payment by all four participants.

The Crown prosecutor (DPP) was seeking custodial sentences against the defendants in an appeal to the full bench against the lightness of sentence imposed by Supreme Court judge Sally Thomas in an earlier hearing of the evidence throughout the second half of 2006. The original action began in November 2005 when one of the defendants Bryan Law, a school teacher and family man wrote and told his Federal Minister that he was going to the "Joint Research Facility" as part of a "Citizen's Inspection Team" organized by the non-violence affinity group "Christians Against All Terrorism".

As a result of research material from the Nautilus Institute web site, Bryan and his group believed the base was conducting spying activity , not for the "defence" of Australia, but for the American "war of aggression" in Iraq and in preparation for "star wars". Another member of the group was Donna Mulhearn, previously a "human shield" in the initial bombing period of the 2003 Iraq War. Outside the court Donna Mulhearn said the threat of gaol did not worry the group because they act on conscience against war. Their consciences were a higher law than the law of the land. She believed the judges in their summing up went beyond dismissing the serious charges against them when they acknowledged our actions were designed to expose the true functions of the Pine Gap base. We believe the base is not for the "defence of Australians but wars of aggression". Fellow activist Bryan Law, from Cairns in Northern Queensland said he intends to use the acquittal to mobilize another "Citizen's Inspection" on April 25th - Anzac Day or Veterans Day in Australia - later this year.

Clearly the court became a battle ground over the public's right to know the full extent of Australia's involvement in the US led Iraq War, our involvement with "Star Wars". The broader issues of censorship and threatened legal retribution facing not just "Citizen Inspection Teams" who wanted to investigate the base, but the media and their right to report the actions. Editors of numerous (18) newspapers were warned individually by Australian Federal Police in late 2005 not to print a photo of a protester on a tower inside the base's perimeter, lest they risk seven year gaol sentences under the Act. Only two of these editors defied the threats and published anyway.

(Erwin Chlanda, editor of the Alice Springs News, told RSF that he had been specifically warned by the NT Police spokesperson Theresa Kuilbroer "not to publish" - but "I did, I was ready to go to jail if necessary". Greg Thomson, then editor of the Centralian Advocate (Alice Springs) wanted to publish the photo, but was told by his legal department (Murdoch) that this would be illegal. He did not publish, and still regrets it. Jack Waterford, Canberra Times, published the photo. Apparently no one else did, until this week, when even the Darwin ABC-TV broadcast it. NB: Many other photoes of the CIA base, the installations, have appeared in the media. Apparently without any inculpations.. MW)

The decision today is seen as a victory for the civil liberties and peace movements in Australia. Politically it will increase pressure on the new Labor Federal Government to review the enormous number of legislative changes made under the previous Liberal government that were introduced to restrict freedom of speech and debate on defence issues in the wake of the 9-11 attack in 2001 in the USA. Many of these new laws had bipartisan support. It will also heighten the debate over the role of the thirty plus - joint and foreign run - US military installations in Australia. Importantly, it will also make it easier for journalists to report on defence and security issues which until now have faced many hidden and punitative restrictions.

Jefferson Lee

by PG4 Sun Feb 24, 2008 04:29

"It's a vindication of a position we've been taking for 2 years -- Pine Gap is not a base for the defence of Australia,'' Mr Law said on the Supreme Court steps.
"Pine Gap is an instrument of international aggression.

Yesterday, it took Chief Justice Martin and Justices Trevor Riley and David Angel just minutes to agree that there had been a "miscarriage of justice'', as the four had not been allowed to argue before a jury that Pine Gap was not a "defence facility'' for Australia.

Full article from Sunday Territorian "Star Wars Invaders Set Free" on link.....
http://www.ntnews.com.au/article/2008/02/23/3433_ntnews....html