Pine Gap 4 Imprisoned in Berrimah, Darwin- write 'em a letter!

http://www.indymedia.ie/article/86180&comment_limit=0&condense_comments=false#comment219628

The story of one small group's efforts at resisting war and

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.indymedia.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

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,