Pine Gap Trial Begins

The jury was selected this morning and the trial began, the defendants pleading not guilty. The prosecutor made his opening address and called the first witness, the Deputy Chief of Pine Gap, Michael Burgess. This will resume tomorrow at 10am, giving the defendants a chance to cross examine the witness.

Court continued today but without the jury. A suppression order was issued so we can't actually tell you what happened. Hopefully tomorrow we'll be able to tell you more. Keep checking, we'll be posting an update at the end of each day.

CITIZENS' INSPECTORS ARRESTED AT PINE GAP

Two men attempting to conduct a second 'Citizens' Inspection' of Pine Gap spy base outside Alice Springs were arrested today after scaling a 9ft high barbed wire-topped fence. Edward Cranswick (Adelaide) and Terry Spackman (Cairns) were later released without charge.

Meanwhile, the first Citizens' Inspection team – Donna Mulhearn (Sydney), Bryan Law (Cairns), Adele Goldie and Jim Dowling (Brisbane) – face a potential seven years in prison. The group known as the Pine Gap 4 are charged under the untested Defence (Special Undertakings) Act of 1952 with trespassing on a declared 'Prohibited Area'.

Today's action was held by supporters of the group as a show of solidarity for their December 2005 inspection. A public meeting began at 2pm outside Pine Gap's front gate. Traditional land owner Mr Patrick Hayes addressed the crowd of more than 60 people, welcoming them to his place.

“I'm really happy to come out here,” Mr Hayes said. “This mob is a good mob. This is okay with me.”

Anti-nuclear campaigner Dr Helen Caldicott also addressed the gathering.

“We have got to stop this killing machine,” said Dr Caldicott, “for the sake of these children here today but also for future generations.

“Pine Gap plays a vital role in US wartime operations,” she said. “It has been used by the CIA for political intervention in Australia, and it allows the US to spy on half the world's population.

“Pine Gap is a prime target in the event of nuclear war. It will be one of the first to go, along with Alice Springs.”

Demonstrators attached cards to a large wooden cross with names of people killed in the Iraq war, and also names of people who have made a stand for peace. In the spirit of transforming rather than closing Pine Gap, a sign was hung renaming the facility “Pine Gap Terror Base”, and then amended to “Pine Gap Peace Base.”

Members of the crowd then formally approached head of security Mr Ken Napier to request an inspection. The request was denied. Terry Spackman and Edward Cranswick were not satisfied with this and began scaling the perimeter fence. They were warned that entering the fenced area would be trespassing by Northern Territory police, who did not attempt to stop them. Australian Federal Police were waiting on the other side and arrested them immediately. After some discussion, the two were released without charge to cheers and applause from the crowd.

The trial of the Pine Gap 4 continues in the Northern Territory Supreme Court on Monday June 4 from 10am.

For more information or high res photographs of the arrest, pls call Katie McRobert 0408 468 992

SHROUD OF SECRECY REMAINS INTACT

The secrecy surrounding Pine Gap was maintained in the Northern Territory Supreme Court

today when Justice Sally Thomas ruled in favour of the Crown's submission for public interest immunity.

The ruling reads in part: “Information as to operations of the Joint Defence Facility at Pine Gap... except in so far as.. may be disclosed by the prosecution brief.. is not relevant to any issue in this case.”

Defendant Jim Dowling asked in response: “So they're allowed to give the information they want without us getting a chance to query that?” Justice Thomas agreed.

On December 9^th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered the heart of Pine Gap 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 have resulted in charges of trespass at worst, but Attorney-General Philip Ruddock has charged the group – known as the Pine Gap 4  – under the previously unused Defence (Special Undertakings) Act of 1952. The act carries a sentence of up to seven years imprisonment.

Ms Mulhearn questioned the Deputy Chief of Pine Gap, Mr Michael Burgess, about the severity of the charge during cross-examination this afternoon. She began by asking Mr Burgess if he was aware of the demonstrations of 1987 during which hundreds of people entered the declared 'Prohibited Area'.

“Are you aware how many of them were charged under this act?” she asked Mr Burgess.

“I believe none of them,” Mr Burgess replied.

Mr Dowling and Ms Goldie asked Mr Burgess questions relating to different repair costs quoted and charged by the Raytheon Company, which Mr Burgess was unable to answer. Ms Goldie asked Mr Burgess if he was aware that Raytheon have in the past paid $410 million as settlement for security fraud, and that the US Justice Department have asserted that between 1979-1983 Raytheon routinely overcharged and quoted for work never completed. Mr Burgess said he was not aware.

“Well, maybe you should change your contractor,” replied Ms Goldie, to laughter throughout the courtroom.

Mr Ken Napier, an inspector with the Australian Federal Police, was then called as a witness. He testified to the respect and courtesy shown by the four defendants during demonstrations preceding the Citizens Inspection.

The trial will resume at 10am tomorrow morning (June 5^th).

Supporters of the Pine Gap Four will again proceed through Todd St Mall along Shepherd St to the courthouse at 9.40am in a “Celebration and Solidarity” parade.

Trial Update Day 7? (Tue 5 June)

CROWN WITNESS AGREES CITIZENS INSPECTION "MIRACULOUS"  - Katie & Jess

AFP Officer in Charge at Pine Gap base Inspector Ken Napier agreed in court today that the Pine Gap 4's successful Citizens' Inspection was "miraculous".  During cross-examination of Inspector Napier, defendant Donna Mulhearn described a conversation she had with a police officer prior to the inspection.   "He said to me 'you'd need a miracle to breach security at Pine Gap' - would you agree with that?" asked Ms Mulhearn.  Smiling, Mr Napier replied "At the time, yes." 

Adele in cross examining Ken Napier was able to gain confirmation that the base was locked down for at least ninety minutes after their inspection on the 9^th December 2005.  Donna was able to gain confirmation that to his knowledge, despite the large number of people who have trespassed on the base, that none have been charged under the Defence (Special Undertakings) Act (1952).

Another Crown witness, Mr Geoffrey Cooper, testified to selling two pairs of bolt cutters to the Mr Bryan Law at an Alice Springs hardware shop. Under cross-examination Mr Law asked Mr Cooper to recall details of the transaction.   "The gentleman asked 'Do you know what I want to use them for?' and I said yes, to get into Pine Gap," said Mr Cooper, also smiling. "He asked what chance I thought they had, and I said none."

Federal Agent David Perry was asked to recount a public meeting that he attended on the 6^th of December.  He very rigidly held up his fingers to display that people had been asked to hold up a peace sign.  When asked in cross-examination whether he held up a peace sign, he said “I did but I didn’t hold it up”.   He stated that he was unaware of the powers he had under the Defence (Special Undertakings) Act to arrest the group for both the possession of a model or intending to enter a facility.  He stated that there was a movie, shot in Fallujiah, shown at the meeting which depicted horrific injuries of children.  Donna put to him that “any person presented with this information would be compelled to respond”, to which he replied that he had to disagree, that this was not his experience.  It was a profound moment for me, as this agent reflected that his experience was that people do not always step in to help a fellow human being. 

A model of Pine Gap was in the courtroom, and Mr Begby, appearing for the Commonwealth, stated (in the absence of the jury) that this could be constituted as a further offence under Section 9 of the Defence (Special Undertakings) Act, and requested that this be placed in the custody of the Court.

The afternoon brought many AFP officer’s evidence about their experience on the day of the “incursion”.  We were able to clarify that Jim was kneeling when officers arrested him and pushed him onto his face.   It was also clarified by many witnesses that it was only the fence that was cut.  One officer obviously wasn’t a fan of the action stating “they were quoting some form of rhetoric…anti-war slogans about the atrocities of Iraq”.  What was interesting about this is that even this skeptic called the actions in Iraq atrocities.

Pine Gap Trial – COURT UPDATE THURS 7 JUNE 2007

Pine Gap Trial – COURT UPDATE THURS 7 JUNE 2007

DEFENCE OPENS CASE UNDER FURTHER RESTRICTIONS

After a series of delays and protracted legal arguments, the defence case of the Pine Gap 4 finally began today in the Northern Territory Supreme Court despite further restrictions on their evidence.

The question of parliamentary privelege was raised when the defendants flagged their intention to tender a Joint Standing Committee Report from 1999** as part of their case.

Ms Mulhearn had spoken against the Commonwealth's submission, claiming it was against the "vibe" of the act.

"As an unrepresented defendant I think I'm allowed to quote from 'The Castle", Your Honour," she said. "I think it's the 'vibe' – that wasn't the vibe of this legislation at all."

Although the report is on the public record, Justice Sally Thomas conceded it could not be considered by the court due to section 16 (3) of the Parliamentary Priveleges Act of 1688. Ms Mulhearn expressed grave concerns that this restricts the defence case considerably and could result in an unfair trial.

"It would be better that this court be in error than this court be unfair." she said, adding that a permanent stay could even be a consequence.

On December 9^th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered the heart of Pine Gap to conduct a Citizen's Inspection, with the intention of highlighting the base's – and Australia's - role in the Iraq war.

Attorney-General Philip Ruddock has charged the group under the previously unused Defence (Special Undertakings) Act of 1952, which carries a sentence of up to seven years imprisonment.

Prosecutor Hilton Demby QC concluded the Crown's case this morning by playing police interview tapes with Donna Mulhearn and Bryan Law. Ms Mulhearn was asked in the interview if she thought she had done the right hing or the wrong thing in entering the base.

"I think it was the right thing," she told police. "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's interview was similar in tone. When asked whether he thought it was the right thing to do, he responded: "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."

After a recess, Mr Law began his opening address to the jury by quoting the non-violence philosophies espoused by Jesus, Gandhi, Martin Luther King and Dorothy Day.

"I can't distinguish," he said, "between a suicide bomber and a jet fighter dropping bombs on civilians. Our action was calcluated to disrupt war fighting in the short term and bring about disarmament in the medium term."

The proceedings concluded with Mr Law presenting evidence relating the steps he had taken prior to the Citizens Inspection to effect change, and supporting his beliefs about Pine Gap's role in war fighting.

The trial continues tomorrow at 9.30am and will conclude for the day at 1pm, resuming again at 10am on Tuesday 12th June.

** (Report 26: http://www.aph.gov.au/house/committee/jsct/reports/report26/report26.pdf)

Pine Gap Trial – COURT UPDATE June 12^th 2007

RIGHT TO FAIR TRIAL DISMISSED BY JUDGE

The Pine Gap Four have been stripped of their defence case on the eleventh day of a landmark Australian trial. Justice Sally Thomas ruled in favour of the Crown's submission that their defences were inadmissible to the jury.

On December 9^th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered the heart of Pine Gap to conduct a Citizen's Inspection. Attorney-General Philip Ruddock has charged the group under the previously unused Defence (Special Undertakings) Act of 1952. The act carries a sentence of up to seven years imprisonment.

The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, self-defence/defence of others) to legally justify their actions.

Ms Mulhearn explained in her evidence this morning how her actions were a product of 'defence of others'. Through a strained voice and tears, she said "When I was preparing for the action in Pine Gap, there were no abstract concepts about people far away. They were about people that I know.

"When I prepared to do the incursion in Pine Gap, I thought it was the least I could do given the magnitude of the crime I was trying to prevent. I believe my actions were reasonable and proportionate.

"Everything I had done before didn't disrupt the war process, but going into Pine Gap did. I was trying to fulfil the promise I had made to the people of Iraq to do something to stop the war."

Ms Goldie also presented evidence this morning, sharing the story of the Seeds of Hope Ploughshares, who damaged a B52 on it's way to bomb the people of East Timor in 1999. They were acquitted by a jury. She also quoted a Lancet study about civilian deaths in the Iraq war which at that time was conservatively estimated to be 100,000 people. Since then the report has been updated, and it is now estimated over 600,000 civilians have died in Iraq.

"I heard of the Nuremberg principles, and knew that it was my duty as a citizen of the world - I had to act to stop it," said Ms Goldie. She attempted to tender the Nuremberg charter to the court, but it was not allowed.

Crown prosecutor Mr Hilton Dembo QC then made submission to the court that the Pine Gap Four's defences were not admissible. Although the unrepresented defendants argued their reply eloquently, Justice Sally Thomas ruled against them, saying "No jury properly instructed should be asked to consider public policy."

This effectively leaves four unrepresented, non-violent pacifists, charged under a cold-war-era untested law, with no case to present.

The trial will resume at 10am tomorrow morning (June 13^th). As the Pine Gap Four's expert witnesses will be objected to by the Crown on grounds of relevance, it is likely the day will quickly move to concluding statements by the Crown.

Supporters of the Pine Gap Four will again proceed through Todd St Mall along Shepherd St to the courthouse at 9.40am in a "Celebration and Solidarity" parade.

EVENTS & INTERVIEWS:

13 June Public Meeting: with PROF. RICHARD TANTER

is a professorial fellow at the Nautilus Institute at RMIT University. He has widely published on intelligence and military issues in Australia, Japan and Indonesia. He arrived in Alice Springs today to appear as an expert witness on the nature of Pine Gap but has not been granted leave to appear before the court.

Keep us posted.

Pine Gap Trial – COURT UPDATE June 13th 2007

Blood of Iraqis brought into court

Hiking boots stained with the blood of an Iraqi person were put before the jury in the final moments of the Pine Gap Four’s NT Supreme Court trial today.

In her closing address, defendant Donna Mulhearn asked the jury to consider the stained hiking boots she was wearing in court. She had worn them in an Iraqi marketplace, in the aftermath of a US missile.

"Now, in this court room, there is blood on my boots. Blood of a human being, that is there because of the targeting decisions made in Pine Gap," she told the jury. "I'm asking you to honour the memory of this person's blood.. for the sake of the truth, for the sake of your humanity, I'm asking that you find me not guilty."

Defendant Jim Dowling stated that at every stage the prosecution had attempted to cover up the truth. "The Commonwealth's hands are dripping with blood of the Iraqi people", he said.

The fate of the Pine Gap Four rests with a jury of their peers tonight following the conclusion of the Crown's case against them. Legal history will be created whatever their decision.

Attorney-General Philip Ruddock has charged the group under the virginal Defence (Special Undertakings) Act of 1952, with a sentence of up to seven years imprisonment. No legal precedent exists for this case.

On December 9th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney conducted a Citizen's Inspection at Pine Gap to spotlight the base's role in the Iraq war.

The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, defence of others etc.) to legally justify their actions, but these were ruled inadmissable by Justice Sally Thomas yesterday.

Proceedings will resume at 9am for brief comments by the Judge, and then the jury will be sent out to deliberate on the verdicts on all 14 charges.

Nine barristers and lawyers have been present for the prosecution case, while the Pine Gap Four have been unrepresented.

In her closing statement today, Ms Mulhearn stated "when peaceful protest doesn't work, further action is required. History shows this, my faith demands this, and my humanity requires it…Everything that I did that was lawful, didn't work. And then I went to Pine Gap. For a few hours the coordinates didn't get relayed, and the missiles didn't drop."

Justice Sally Thomas summed up: "This is a case that has evoked quite a great deal of emotion. Some of you may feel quite strongly that Australia should have no part in the war in Iraq… you may feel that as members of the Australian public we should know more about what is happening in Pine Gap - having feelings of sympathy or empathy or perhaps prejudice is a normal human reaction. However when it comes to deliberations in this matter I have to ask you to put aside your prejudices, sympathy or empathy and use your intellect to examine the facts of the case."

Tonight the group and supporters will hold a mock trial, where expert witness Professor Richard Tanter will discuss the evidence he was not able to presen during court proceedings.

Tonight: 13 June Mock Trial: with PROF. RICHARD TANTER

Professor Tanter was due as an expert witness on the nature of Pine Gap but was not granted leave to appear. He will present his evidence tonight in a public meeting.

Professor Tanter is a professorial fellow at the Nautilus Institute at RMIT University. He has widely published on intelligence and military issues in Australia, Japan and Indonesia.