Pine Gap Trial Begins with Move to Put Defendants Under House Arrest!

by Justin Morahan Tue May 29, 2007 22:13

Trial proceedings began today for the Pine Gap Four with two minor but very significant victories. News from the court is that their arguments persuaded Justice Sally Thomas to thwart the Prosecutor's efforts to put them under house arrest. Instead they they had a colourful procession to court with banners and song.

Memories of the Pitstop Ploughshares trials in Dublin - and here's hoping for a similar victory for these brave people.

Meanwhile, in Iraq, the killing goes on and on and on. . . .

by Donna Wed May 30, 2007 00:38

Dear friends

Tuesday: Today the trial proceedings finally began (after a colourful procession to court with banners and singing) with some house-keeping, including an attempt by the Crown Prosecutor, Mr Hilton Dembo, to place us under house arrest!

Needless to say we argued back – and we won! He also argued that we not be permitted to be anywhere within 2kms within Pine Gap, (meaning we could not attend our planned demonstrations there on the weekend). We argued back that we had a right to political protest, and we won!

The only other piece of colour today in the usually serious courtroom came from the judge and crown prosecutor. The sun-tanned, silver-haired, gowned and wigged Mr Dembo who a few months ago declared: “what is civil disobedience anyway?” is starting to fit well into a caricature of a bombastic, cranky prosecutor.

He requested that a Australian Federal Police officer be seated next to him at the bar table when the trial begins so that he could assist with exhibits. And, he added: “to be a buffer between myself and the defendants….not that I am scared of them…”

Without missing a beat, the usually poker-faced judge, Justice Sally Thomas commented:

“Perhaps they should be scared of you!”

Meanwhile today, successful solidarity events were held all over Australia to mark the start of the trial. Thank you everyone for your support and thoughts and prayers – we are off to a great start!

Tomorrow we have jury selection at 10am, and after that the prosecution opens its case and the trial proper begins.

Here’s how the media reported today’s events:

http://www.news. com.au/story/ 0,23599,21815635 -1702,00. html

http://www.smh. com.au/news/ National/ Pine-Gap- protesters- gather-in- Brisbane/ 2007/05/29/ 1180205216633. html

http://www.melbourn e.indymedia. org/news/ 2007/05/145591. php

http://sydney. indymedia. org.au/node/ 51062

Have a listen to late night live with Philip Adams on Radio National on Wednesday night

And this analysis from Crikey.com yesterday:

15. Pine Gap protestors facing the long, cold arm of the law
Greg Barns writes:
Tomorrow, in the Northern Territory Supreme Court, Pine Gap military base protesters go on trial. Nothing unusual in that -- the US Australian military facility has long been a focal point for discontent, and the Alice Springs courts regularly process defendants charged with trespass, assault and other petty crime charges. And nearly all of these cases are dealt with a slap on the wrist for the protestors, or at worst, a fine.
But Bryan Law, Donna Mulhearn, Adele Goldie, and James Dowling, who are appearing in the Alice Springs court tomorrow, face jail terms because on 9 December, 2005, they managed to gain access to Pine Gap by cutting a fence, climbing onto the roof of a building and taking photographs of the facility.
This quartet of activists self-described as "Christian Pacificists" say they wanted to conduct a citizens' inspection of Pine Gap. They, like many Australians, are opposed to the war in Iraq , and believe that Australian participation in the Iraq war has made this country more vulnerable to a terrorist attack.
But their short and harmless foray into the Pine Gap has been taken very seriously by the Howard Government and its law enforcement agencies. No easy ride through the Alice Springs Magistrates Court for this lot. Instead, the Commonwealth has dusted off a 1952 law, passed by the Menzies government at the height of the Cold War, and called the Defence Powers (Special Undertakings) Act 1952. Breach this Act and you can face jail terms of up to seven years.
This is the law which allowed the Menzies government to keep from public view vast tracts of South Australia , Western Australia and the Northern Territory where nuclear tests, including the infamous Maralinga tests, were carried out. It hasn’t been used by the Commonwealth for years. In fact, according to some academic reports, this is the first time anyone has been prosecuted under this law -- a remarkable fact given it has been around for 55 years and there have been literally hundreds of Pine Gap protests.
But then, Philip Ruddock is the most aggressive attorney-general this country has seen in years. As he showed when he was immigration minister, he’s prepared to use the full legislative arsenal at his disposal to enforce government policy, even if the law in question is obscure and of questionable validity in this day and age.
The importance of this case in the context of a civil liberties and human rights is evidenced by the fact that high-profile Melbourne barrister and former Federal Court judge Ron Merkel is heading the legal team for the activists.
Many Australians might not agree with direct action protest of the type undertaken by these four activists, but there’s a larger issue in this case. Should governments be using draconian Cold War laws on the citizenry of Australia almost 20 years after the Berlin Wall came down?

More news and pics soon!

We're excited!

from
pilgrim Donna

by Court Reporter Thu May 31, 2007 22:50

Alice Springs Supreme Court, Northern terriory, Australia
www.pinegap6.org

Dear friends,

Today (Thursday) was a mixed day at court. It started with our cross-examination of the prosecution' s first witness, Mike Burgess, the Australian head of Pine Gap.

Bryan started a line of questioning which started to reveal some interesting facts about which American and Australian security and intelligence agencies were present at Pine Gap, it was going really well, but before long those words that we were expecting were spoken...

"Objection, your honour..."

At first the objections came from Crown Prosecutor, Mr Dembo, on the basis of relevance.

The judge ruled in Bryan's favour a few times and in Mr Dembo's once or twice.

But then an appeal came from Mr Maurice QC, one of the bevy of barristers and QCs (I'm not sure what the collective noun is for barristers, but 'bevy' sounds respectful and appropriate) gathered in the courtroom. Mr Maurice represents the interests of the Department of Defence and other Commonwealth agencies.

He objected to Bryan's line of questioning and claimed "public interest immunity" on the basis of "national security".

The jury was then asked to leave while a legal argument began around the concept of 'public interest immunity', that is witholding certain information from the courtroom because it is deemed to be in the interests of 'national security', whatever that means... This is an argument we were expecting to have on the first day of witnesses and an argument we were prepared for and looking forward to.

We thought that the debate would take half an hour or so, and when Mr Maurice suggested it would take the rest of the day we were surprised (and a little alarmed!).

The very tedious argument did take up the rest of day and it will continue tomorrow morning.

I am not allowed to share with you the details of the argument because it has been placed under a suppression order by the judge, so that the jury would not inadvertantly hear about it. Jury's are only allowed to hear evidence, not legal argument.

It was a hard afternoon. I cannot tell the story yet.......

We are looking forward to our chance to respond to Mr Maurice tomorrow.

We are confronted with a tough legal argument presented by highly experienced QCs who are trying to dismiss our arguments in quite a patronising manner.

But we are ready to answer. Please send your prayers and good wishes our way.

Thankfully the day ended on an upbeat note. Long-time anti-nuclear campaigner, Dr Helen Caldicott, arrived in town with a bang! What an amazing woman! She did some media interviews and then was a guest speaker at a public meeting in Alice tonight.

The hall was packed, it was a great feeling, and everyone hung off Helen's every word. Her knowledge of Pine Gap and its functions was extremely informative and her account of the effects of nuclear attack were sobering.

She tapped into a great deal of energy in the hall, and it was a great opportunity to keep us all focused on why we are here opposing this dodgy US spy base.

Despite the dazzling technical legal arguments of men in gowns and wigs, the fact is that we will name Pine Gap for what it is: a US spy base shrouded in secrecy. The fact is, it's function is kept secret for a good reason. It is a vital cog in the US war machine It's ends are not neutral. They are violent.

The fact is, Pine Gap has been part of progressing senseless violence and war crimes in Iraq.

We're a funny-looking bunch sitting at the bar table besides the men with trolleys of files and volumes of case law, but we will not be deterred from speaking the facts, of speaking the truth...

--------------------------------------------------------------------------------

by Court Reporter Sat Jun 02, 2007 10:04 Alice Springs Supreme Court, Northern Territory, Australia

Alice Springs Supreme Court, Northern Territory, Australia
www.pinegap6.org

Dear friends, below is an update sent to media about Friday's proceedings. ..

It was a long, hard day - including a two and a half hour presentation by Byran! As well as presentations by Adele and Donna. We all put our arguments against Public Interest Immunity as best we could, assuring the court our line of questioning would not threaten national security as had been suggested by the Prosecution.

Here is a brief summary....we are looking forward to our action at Pine Gap Saturday, June 2nd.

thanks for all notes of support - all appreciated!

ALICE IN WONDERLAND? - Pine Gap trial update

The trial of the Pine Gap 4 took an odd turn today before Justice Sally Thomas the Northern Territory Supreme Court with references to Martin Luther King, Nazi Germany and Alice in Wonderland.

Bryan Law, Jim Dowling, Adele Goldie and Donna Mulhearn are charged under the Defence (Special Undertakings) Act 1952 after doing a "Citizen's Inspection" of Pine Gap military spy base in December 2005.

Responding to a comment that the proceeding had become "like Alice in Wonderland", Jim Dowling said of Crown QC Mr Michael Maurice "I think the only thing left is for him to jump up and call 'Orf with their heads!'"

Extensive legal argument was conducted in the absence of the jury regarding public interest immunity. Mr Maurice made concerted attempts to attack not only the public's right to basic information but also the validity of civil disobedience as a tool for social change. He suggested at one stage that the appropriate response would have been to write letters to newspapers rather than enter Pine Gap. Donna Mulhearn responded by citing her experiences in Baghdad as a catalyst for the Citizens Inspection.

"If writing a letter to the editor is a reasonable response to images of children ripped apart, to the smell of human flesh, to the mourning cries of mothers in the marketplace then we have all failed," said Ms Mulhearn.

"I want to ask why members of the US Congress are regularly given tours of this facility when Australian Members of Parliament are not even given access to information [about the base]."

Mr Maurice went on to say that on a personal level he was sympathetic with the position the Pine Gap 4 have taken.

"Their position is a decent one," said Mr Maurice, "but that's not the point."

The trial will continue on Monday June 4 at 10am. The jury are expected to return after lunch at 2pm.

A public gathering of Pine Gap 4 supporters will take place tomorrow at 2pm (Saturday June 2) at the front gates of Pine Gap, Hatt Rd Alice Springs, which will include non-violent actions and demonstrations.

Photographs of this event will be available on request.

by Margaret Sun Jun 03, 2007 04:49

U.S. Pine Gap Base, near. Alice Springs, Northern Territory, Australia

Phtos from June 2nd. arrests at Pine Gap and from court earlier in the week
http://pinegapontrial.blogspot.com/

Saturday 2nd June Pine Gap

We carried out a fabulous 'rise up' nonviolent action today. Creative, full of singing and ritual and narrative - my favourite kind.

Part 1 - Acknowledgement and Reflection
We started with a senior custodian of that country, who attended with his sister and younger brother and grandchildren, welcoming us to that country. And in response we thanked him and apologised for the impact of our people and society on his people. We stood in silence feeling the earth and remembering and acknowledging.

We then listened to a prophesy of Ezekiel - dry bones that will return to life; Matthew's beatitudes and Jesus' pentecostal call to love and rejection of fear in John 14. This was a pentecost action, so we then placed on a cross black cards with the names of the dead in Iraq and red flame-cards with the names of people who have led/do lead us in action into the Reign of God. - Oscar Romero, Gandhi, Luther King, Seeds of Hope, Ploughshares, Ciaron O'Reilly, - all our favourite heros.

We sang - Hear the voice of Justice Cry, Moving through our Land ...
and then
Rise up, Rise up on Eagles Wings

Part 2 - Transformation
We transformed the sign at the front of Pine Gap from "Pine Gap Terror Base" to "Pine Gap Peace Base"
... and we created a lovely peace symbol on the ground in front of it out of purple flowers while Stu sang "Flowers in the Guns"

Come on Everybody
Lets put Flowers in the Guns
Everyone under the sun
Lets put Flowers in the Guns

Part 3 - Inspection
We listened to Helen Caldicott speak about the US war machine
We listend to Bryan talk about the court case
We listened to Edward.
We congratulated the Pine Gap 4

Then we launched a mass citizens inspection. Unfortunately after asking three times, our inspection was not given authorisation. We then regrouped.
Edward and Terry decided that they were prepared to proceed with an inspection despite not being authorised by the authorities! So the crowd of citizens gave the authorisation needed.

Edward and Terry went forth and climbed the fence to carry out their mission - yes over the barbed wire. Unfortunately they were arrested on the other side.

We sang:
With my hammer I break the chain
I will not remain in silence
I will stand and I will defend
My right to fight agains violence

Then we sang
Let justice roll on like a river

And went home ...

[Oh - Terry and Edward were released to our loving arms first, uncharged, unhurt.]

... I'm tired. - lucky we didn't have to do a watch-house solidarity vigil!

love margaret

------------------------------------------------------------------------------------------------
ABC news link from last week
thursday http://www.abc.net.au/news/newsitems/200705/s1938881.htm

This short article from the ABC [http://www.abc.net.au/news/newsitems/200706/s1940739.htm] doesn't really catch the symbolism!

by Court Reporter Tue Jun 05, 2007 11:52

Dear friends,

The report from court on Monday brings good news and bad news.

The good news is: after three days of tedious legal argument the jury returned and cross-examination of prosecution witnesses continued. So it was great to get the ball rolling again and get some more information into the courtroom.

The bad news is: the type of questions we are allowed to ask these witnesses has been extremely restricted by a decision of the judge to uphold an application of Pubic Interest Immunity brought by the Commonwealth.

This means we are not allowed to ask witnesses to explain the full functions and operations of Pine Gap. This decision was expected, we just wish it didn't take so long!

So we have to live with this restriction and look forward to presenting our own evidence in order to set out our beliefs about Pine Gap.

There were a few humourous moments in court today; Jessica has written a colourful report about the day in court, check it out at: www.pinegapontrial. blogspot. com

An early media report:
http://www.abc. net.au/news/ newsitems/ 200706/s1942101. htm

Our media release below.

Tomorrow the prosecution witnesses continue….

Thanks for your support!
Donna

Pine Gap Trial – UPDATE COURT PROCEEDINGS June 4th 2007

PINE GAP 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 9th 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 proceeding the Citizens Inspection.

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

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.

by Court Reporter Tue Jun 05, 2007 23:45

Alice Springs, Northern Territory, Australiawww.pinegap6.org

Dear friends,

Our entry into Pine Gap was a miracle! This was confirmed in the Northern Territory Supreme Court today by the head of Security at Pine Gap Australian Federal Police Inspector, Ken Napier.

We suspected some divine intervention assisted us along the way, but it was great to hear that others in such positions agree.

During a cross examination with Donna today, Insp Napier explained that security at the base was high and preparations had been made for our ‘inspection”, including extra police numbers.

“You would be aware that Mr Law and I evaded three security patrols to reach the fence, were you surprised by that?”

“Yes,” Ins Napier answered.

“Many said we’d need a miracle to get in, do you agree with that?”

“At that time, yes.”

We also cross-examined the AFP agent who came along undercover to the public meeting held in Alice Springs the week of the inspection in December 2005.

We asked the agent to tell the court what he recalled of the meeting. He talked about a film we showed about the use of chemical weapons in Fallujah, my experiences in Iraq and Bryan ’s talk about civil disobedience.

Bryan took the opportunity to replay his entire speech to the jury, which means they finally got to hear more about us and our motivations. They will hear much more next week.

All up it was a good day, the business flowed faster than other days and that felt good.

Tomorrow the Crown will call the rest of its witnesses and bring its case to a close.

There’s several other legal issues I could mention that we have been confronted with, but we are just taking those as they come. We have developed good relationships with all seven Commonwealth Barristers, and so everything is of a friendly nature.

The ABC’s media report:
http://www.abc. net.au/news/ newsitems/ 200706/s1943288. htm

The report from our media person below:

Pine Gap Trial UPDATE - Tues 5 June 2007

CROWN WITNESS AGREES CITIZENS INSPECTION "MIRACULOUS"

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."

Another Crown witness, Mr Geoffrey Cooper, testified to selling two pairs of boltcutters 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."

The inspection of Pine Gap in December 2005 by four pacifists - Bryan Law, Donna Mulhearn, Jim Dowling and Adele Goldie - who had widely publicised their intentions to enter the base has created a flurry of activity in the legal fraternity.

Attorney-General Philip Ruddock has directed that the four be charged under the virginal Defence (Special Undertakings) Act 1952, setting an Australian precedent. In addition to the Crown prosecutor Mr Hilton Dembo QC , the Commonwealth has two extra legal teams in the courtroom representing the interests of Defence, Australian Federal Police and the Director-General of Security.

The defendants are representing themselves.

The trial continues tomorrow Wednesday 6 June at 10am in the Northern Territory Supreme Court, Alice Springs .

by Court Reporter Thu Jun 07, 2007 04:58

Dear friends

Sorry I didn't get to send a report last night, I wasn't well yesterday and also had to think about my opening address, which could come on today.

Yesterday's proceedings bubbled along at a fast pace, still going through the prosecution' 's witnesses. We are still trying to work out why Crown Prosecutor Dembo is taking the time and trouble to call witnesses to prove what we have already admitted to...? I'm sure we'll find out is reasoning soon enough as he closes his case today.

The highlight of the questioning yesterday was Jim taking the opportunity to tell the court more about the Raytheon Corporation which holds the contract for maintaining Pine Gap Base. He told the court about Raytheon's other work: weapons manufacturing including the making of cruise missiles.

When the Crown Prosecutor objected to the questioning, remarkably the Judge allowed Jim to continue! It was great to have truth spoken in an open courtroom about a very shady, dodgy, dangerous corporation which makes money out of killing.

So Crown Prosecutor Dembo wraps up his case today, and hopefully our opening addresses will start this afternoon - we are looking forward to that. We are also aware anything can (and has!) happened in this trial so far when we didn't expect it, so there could be some more surprises!

What we do know is the Commonwealth is VERY concerned about what we are going to say about the functions Pine Gap in our evidence and is running around trying to gag us using various means such as Parliamentary Privilege!

some supporters have done more detailed updates on the blog:
http://www.pinegapo ntrial.blogspot. com

and an ABC news story from yesterday:
http://www.abc. net.au/news/ items/200706/ 1943905.htm? nt

bye for now

by Court Reporter Fri Jun 08, 2007 00:34

Alice Springs, Northern Territory, Australiawww.
pinegap6.org

Dear friends,

Today the Commonwealth pulled another rabbit out of its hat full of restrictions to truth, free speech and indeed a fair trial.

Today's rabbit was called Parliamentary Privilege. Yes, I know what you're thinking - Parlimentary Privilege exists to protect members of Parliament from litigation when they make statements and allegations in Parliament. What does that have to do with providing evidence in a courtroom?

Good question.

Mr Begby, one of the hefty team of Commonwealth Barristers submitted that we are not permitted to mention or refer in any way to anything that has ever been said in Parliament about Pine Gap. Ever.

This has very serious ramifications for our defence and our right to a fair trial. We had planned to quote and refer to several Parliamenatary events, most notable the Treaty Committee that was refused information on Pine Gap's functions when it requested details to renew the treaty in 1999.

I argued that this use of the act was against its purpose, and at the end of my submission on the law and technicalities, I finally got to use the phrase from that classic Australian movie, The Castle.

"Your honour, it's the vibe..."

She knew what I meant, nodded and laughed. She was clearly uncomfortable with the ruling she had to make, but when confronted with a bunch of barristers given the sole job of protecting the secrets of the government, she did not have much room to move.

After that argument, Bryan presented his opening address and began his evidence.

more info and reports on the blog www.pinegapontrial. blogspot. com

the first ABC story for the day (the others aren't on line yet):
http://www.abc. net.au/news/ newsitems/ 200706/s1945224. htm

there was also a great story on local TV here in Alice Springs....

tomorrow Bryan will finish his evidence and Jim will take the stand - we are all looking forward to that!

peace

by Court Reporter Sat Jun 09, 2007 15:55

Hi all,

All well at the end of the second week. The judge will rule on Tuesday about whether the jury will be able to consider defences of extraordinary emergency, self defence etc.

A long weekend of action and reflection ahead - we say goodbye to some friends - Many others are staying. Come round for a holiday in Alice - skies are blue and its cold but the community is warm.

We do a quaker style action tomorrow at the gates of Pine Gap - no prepared liturgy [ah what will I be able to control!!]see how the spirit moves us...

Bye love

M

Bryan’s Testimony

Friday morning – early start. Bryan gave his testimony from the witness stand. He spoke of the transparency with which they had acted and tended a letter to the police explaining what they would be doing.

He was allowed to tender some documents that referred to the role of Pine Gap not on the basis of their veracity but on the basis that they contributed to the forming of his beliefs.

Bryan ended with an exploration of lawbreaking as an honourable deed. Bryan reminded the jury that Jesus had led a movement of law breakers – they had crossed caste and ethnic and religious social boundaries: Jesus had eaten with ‘sinners’ and women and touched the woman who was bleeding.

More legal argument/objections

It had been agreed that he would be then cross-examined by the other three defendants and by the crown. However, Mr Dembo for the prosecution began to request again that the judge make a ‘ruling’ on whether she would allow a defence argument to go to the jury under 10.3, 10.4 and 10.5 in the Commonwealth criminal code. These sections – acting because of extreme emergency, acting because of self defence, or acting because of some other lawful authority. The Judge said that the defendants could have a few more days to prepare the legal arguments in relation to these codes. But also allowed Mr Dembo to reserve his cross-examination until after the others give their testimony.

Jim’s Testimony

Jim began his case and outlined how he came to develop a perspective that he should act at Pine Gap over the years leading up to the act. Jim played a video that was an example of how his mind/beliefs had been formed.

He also spoke of how he surfed the net for information about the war in Iraq . He told how he had come across video footage of children killed in bombing raids in the early parts of the Iraq war. He talked about how he had repeatedly rung the terrorism hotline to report on Pine Gap.

Early start – Early finish for the day!

Adele’s Opening

Adele’s opening statement was eloquent and clear. She outlined that she would be arguing under international law. – International humanitarian law – that the PG facility was involved in international war crimes and crimes against humanity.

She quoted the Nuremberg principles. “Preparation for war is itself a war crime”. “Murder, extermination, and other acts against a civilian population when in connection to a war situation” [paraphrased] . “States must never make civilians a target or use weapons that cannot distinguish between civilians and other combatants.”

Adele’s opening was interrupted by the prosecution but she will continue on Tuesday.

Donna’s Opening

Donna told the jury about the irony of the prosecutor’s statement that this is just a criminal act of trespass and the use of a camera. But Donna said that the fact that they are the first people to be arrested under the Defence Special Undertakings Act and the fact that they are facing 7 years in prison and not a $50 fine is an indication that this case is not just about trespass and the use of a camera.

It’s much more than trespass and the use of a camera.

She also highlighted in her opening several times that there’s more evidence that they want to give the jury but they are not allowed to; that her testimony is limited by the ‘bevy’ of lawyers appearing for the commonwealth.

She finished by reminding the jury that her mother thought it was reasonable!

Procession

We held a small procession from the court back to the Uniting Church to end the week. We walked single file back to the mall to the slow beat of a drum. We then made 4 statements about the connection between Pine Gap and war and conducted a ‘die in’. This die in links us with other nonviolence and peace activists across the world who have done die ins before us.

Boom Boom Boom

Pine Gap was established in 1967. It was said that Pine Gap was built for “space research”. It was a lie.
Boom

[die in]

For 40 years Pine Gap has orchestrated the U.S. war of aggression.
Boom

[die in]

Pine Gap is a weapon of mass destruction.
Boom

[die in]

What have you done? Your brother’s blood cries out to me from the earth.
Boom

[die in]

by PR Tue Jun 12, 2007 17:23

Pine Gap Trial – COURT UPDATE June 12th 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 9th 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 Hawk Fighter 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 13th). 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
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 . 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.
Meeting Details: Wednesday 13 June, 7pm. Flynn Memorial Church Hall, Todd Mall , Alice SpringsProfessor Tanter is also available for media comment.

13 June, 9.40am "Celebration and Solidarity" parade by supporters from Todd St Mall to Courthouse
13 June, 9.50am – courthouse steps, Hartley St Alice Springs, Photo op with defendants
(photos available of all events on request)

INTERVIEWS with defendants can be arranged with sufficient notice. Photographs of defendants also available, including portraits (individual & group) & action pics of pre-inspection demonstrations.

by From Court in Alice Wed Jun 13, 2007 15:27

Alice Springs, Northern Territory, Australiawww.pinegap6.org

Dear friends

Today started with our last procession to court and our last session of singing and inspirational readings in the park across the road.

We were all in good spirits when we entered court and when we arrived in the courtroom I put an application for a permanent stay of the trial (meaning the trial would be over forever) on the basis that we have not been able to have a fair trial. The judge answered no, (you can only ask!) but it was important to do it and state why because then all the points will be open to appeal, if necessary.

Then we had the closing address of Crown Prosecutor Dembo. I was a bit disappointed at how dry and dull it was. I was waiting for him to deliver a damning indictment of us, but instead he trotted out the usual lines : "you cannot take the law into your own hands"... that we should utilise the parliamentary process as a means for change,and added that our planning was "cold and calculating' and then we even had the "hide to boast about it".

Then Bryan, Jim and Adele and I gave our closing addresses. I hope to get transcripts of these soon, but in the meantime I'll summarise what I told the jury.

Firstly I thanked them for listening to us and concentrating so hard.

I told them about the interest in the case from around the world and noted that we had received messages of support that morning from six countries as well as all over Australia.

I told them I hoped and prayed I had succeeded in helping them to understand my sincerity, my motives, my convictions and my actions.

"that when peaceful protest doesn't work, further action is required. History has proven this, my faith requires this and my status as a human being demands it.

"You see, I wrote letters to MPs and the Pine Gap satellites still gathered data like a giant vacuum cleaner.

"I attended demonstrations and the information was relayed in real time to the US military.

"Millions of people around the world exercised their democratic right to protest and poured onto the streets ,

"but still, the missile co-ordinates were prepared with the help of Pine Gap and the missiles fell. And more fell, and then more.

"Everything that I did that was lawful didn't work.

"But I went to Pine Gap for a few hours and the base was shutdown and information was not relayed to Iraq and that day no missiles fell.

"Our action succeeded.

"I am asking you to find me not guilty - as other jury's around the world have done in similar cases.

"This is your right. You have the final word.

'I am asking you to decide using your conscience, as mothers, brothers, daughters husbands, fathers.

"There is one more thing I am asking you to do: consider for a moment the boots I am wearing.

"They are the hiking boots I wore at Al Shuala marketplace after it was hit by a missile. There was human flesh on the ground and puddles of blood everywhere.

"There is blood on my boots, blood from a human being that is there because of a targetting decision from Pine Gap.

"I am asking you to honour the humanity of the person whose blood is on my boots.

"I am asking that their death not be in vain.

"For the sake of their life, for the sake of Baby Noura, my boys, Ahmed, Faris, Mustafa, Seif, for the families in Baghdad in my care.

"For the sake of the truth, I ask you to exercise your right as a human being to make the decision you believe is right.

"I ask you to find me not-guilty."

That's an abridged version, but gives the gist of it....

For the rest of the afternoon the judge gave a summary of the whole case to the jury, which was very long and tedious.

Then she instructed them, that if they agreed with us or had sympathy towards us or strong feelings about the war in Iraq, and that if they agreed we should know more about Pine Gap, that was a natural human response.

Then she asked them to ignore that.

She asked them to rule on the elements of the charges, not according to their conscience, and emphasised this several times as did Mr Dembo.

So the jury were released this afternoon and required to come back at 9am tomorrow where they will get another 10mins of instruction from the judge.

Then they will go into deliberation and deliver their verdict when they have reached one unanimously.

Keep those prayers going and fingers and toes crossed that at least one member of the jury listens to their conscience.

We are all feeling good, and tonight we are holding a "mock trial", to get evidence from the expert witness on Pine Gap we were not allowed to question in the trial, Professor Richard Tanter from Royal Melbourne Institue of Technology, who came all the way to Alice Springs for the trial.

We shall send news tomorrow when we have it,

love and thanks to all,
Donna

Media release below:

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.

EVENTS & INTERVIEWS:
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.
Meeting Details
Wednesday 13 June, 7pm. Flynn Memorial Church Hall, Todd Mall, Alice Springs
Professor Tanter is also available for media comment.
INTERVIEWS with defendants can be arranged with sufficient notice. Photographs of defendants also available, including portraits (individual & group) & action pics of pre-inspection demonstrations.
For more information contact Jessica Morrison 0431 519 577
13 June, 8.30am
"Celebration and Solidarity" parade by supporters from Todd St Mall to Courthouse
13 June, 8.50am
– courthouse steps, Hartley St Alice Springs, Photo op with defendants
(photos available of all events on request)

Reflections frmo Margaret below........................

--------------------------------------------------------------------------------

From: nonviolencenet@yahoogroups.com [mailto:nonviolencenet@yahoogroups.com] On Behalf Of Margaret Pestorius
Sent: Wednesday, 13 June 2007 2:22 PM
To: kate@yeti.net.au
Subject: [nonviolencenet] update Wednesday morning - don't forget the blog

Hi all, [ http://www.pinegapo ntrial.blogspot. com/ ]

Its Wednesday already!! a just kidding. Just had another delicious lunch
organised by the marvellous June and Elizabeth .

Bryan wants a last restaurant meal and doesn't want the jury sent out this
afternoon on the grounds that that will be it till sentencing.

Everyone else wants to get it over with. I think the Judge is with Bryan .

I had the sense I was in a film cruising around on my own this lunch time.
I saw a member of the jury reflecting in the sun and the AFP solicitor
Dave having lunch and a smoke. I could hear the music in the over dub!

some of us will be back soon. the judge says she is ready to go
immediately to sentencing after the Jury come back with a verdict. Adele
was careful what she packed this morning.

see you - back to court to hear the evidence summarised one more time
[yawn yawn] by the Judge this time. She'll tell the jury what they can't
take into account!

love margaret
------------ --------- --------- --------- --------- --------- -
Wednesday morning 16th June.

The day began with Donna asking for a permanent stay of proceedings
because they could not get a fair trial and any other trial would also not
be fair. This was requested on 5 grounds:

1)The Defence Special Undertakings Act – which was excessive
2)The use of Public Interest Immunity to exclude particular evidence
3)The use of parliamentary privilege to exclude particular evidence
4)An objective observer would not believe they had a fair trial
5)Not being able to put their defences under 10.3 10.4 and 10.5 of the
Commonwealth Criminal Code. [extraordinary emergency; self defence and
lawful authority]

The application was refused by Her Honour Justice Sally Thomas.

Mr Dembo for the Crown then gave his closing – he outlined all the
evidence again in summary. [a little boring] Peppered with statements like
“they didn’t give a hoot about the law”.

He argued that they were not responsible, or respectful or cooperative.

He appealed at one stage to the patterns of white-racism making a spurious
comparison with the way whites in Alice had protested the presence of
Indigenous people in the city recently with a vigil and march.
This is the correct way to protest he claimed.

We break now for lunch. the Judge will summarise evidence this afternoon.
the Jury will probably not go out till tomorrow morning

by Ciaron O'Reilly - Catholic Worker/ Ploughshares Wed Jun 13, 2007 17:19 Brisbane, Australia

In a few hours, four good friends go before the judge and jury having had their legal defence for taking action at NSA/CIA Pine Gap base against an illegal war that continues in Iraq. The four Jim Dowling, Bryan Law, Adele Goldie, Donna Mulhearn -caried out a citizen's inspection of this most secure of secret U.S. warfighting bases in the isolated outback (near Alice Springs) in December 2005 www.pinegap6.org The massive distances involved to take action, go to trial in Alice Springs and keep the community together are difficult to convey to folks who think it is a long trip from Dublin to Shannon. Jim and Adele are based in my hometown of Brisbane, Bryan 1200 miles north in Cairns and Donna 600 miles in Sydney. The link below has a map that might help and a good anlalysis of the trial and the issues involved.

http://bushtelegraph.wordpress.com/2007/06/11/pine-gap-...ment/

The four have gone to trial at a time when the anti-war movement in Australia, like many places in the west, is at a low ebb. Last week 4,000 U.S. marines came to Brisbane on three warships that were involved in the invasion of Iraq. The only protest I heard about was a family of four down at the docks. A few of us sustain a weekly vigil at Enoggera where Australian troops are deploying to Iraq. The Pine Gap four have offered much hope in this dark time.

I have known the two men for 30 years. We met in police custody during a period where all civil liberties were suspended in Brisbane/ Queensland. Jim Dowling and I went on to be inspired by radical north american catholic traditions of the Catholic Worker, ploughshares, the Berrigans and Dorothy Day. Bryan Law has spent the last three decades experimenting with truth in the Gandian tardition. Jim, his wife Anne and seven children live on a Catholic Worker farm outside of Brisbane. Bryan his wife Margaret and son live and remain active in Cairns.

Donna Mulhearn went to Iraq as a human shield in 2002 prepared to put her body between the death dealing U.S. military and the Iraqi people. She was taken hostage in Fallujah by insurgents and remains in proactive solidairty with the people of Iraq. her organising and outreach abilities have done much to Pine Gap on the map over this recent period. Adele Goldie is a young activist from Brisbane who has acted in isolated locations for the liberation of the captives of assylum seekers sadisticly detained by the Australian government and military preparations.

Observing and supporting this community I'm convinced this is where how hope lies - in community, in nonviolent resistance, in proactive soldiarity with those confronting power. Solidarity with the four and those conspiring, acting up, before the courts, in the jails and brigs resisintg this war.

by Ciaron O'Reilly - Catholic Worker/Ploughshares Thu Jun 14, 2007 09:36 Alice Springs Supreme Court, Northern Territory, Australia

Pine Gap 4 found guilty on all four counts after 5 hours of jury deliberation.
Sentencing Friday 11.30am (2am Irish time)

by A Defendant Thu Jun 14, 2007 13:09

Alice Springs, Northern Territory, Australia
www.pinegap6.org

*Text/SMS your solidarity to the defendants - state your name and city or country
Adele Goldie 043 935 3587 0061 43 935 3587 (from outside Australia)
Donna Mulhearn 0422 749 319 0061 422 749 319 (from outside Australia)

Dear friends,

You've probably heard the news by now - we have been found guilty by a jury of people who were clearly hesitant and divided about their decision.

The jury took five hours to deliberate on what was essentially a clear cut case for them, so obviously there was some debate amongst them . A barrister told me it should have taken half an hour.

Several were visibly distressed when the verdict was read and looked as though they had been crying.

Anyway, it was the verdict the judge had directed them to give and they did, not entirely an unexpected result for us.

We were complimented by the Commonwealth lawyer who said we did an excellent job representing ourselves. His opinion was that no barrister would have succeeded in getting our defences up, (had we been represented) , but that our submissions were good and worth the effort. He said we got stories, facts, images into the courtroom about Pine Gap and the war in Iraq, that he thought not possible!

That was our goal, and we achieved it.

The media this afternoon are talking about Pine Gap's connection to the war in Iraq.

We are four satisfied people - I haven't seen Bryan so happy in a long time!

Crown Prosecutor Dembo told the judge that she should send us all to jail.

He said his instructions (from who??) were to seek a prison sentence for all of us because our actions were "striking at the heart of national security, of national interest."

Mr Dembo said we had no hope of rehabilitation. We agreed.

He said we should go to jail to deter other 'like-minded' people - I guess he means you...

The judge responded saying most other protesters at Pine Gap got a small fine and to leap from that to a prison sentence would be unusual.

She also admitted that because no one had ever been charged under the Defence Special Undertakings Act before, she had no precedents to look at.

She wanted to think about it overnight, so we will be sentenced tomorrow morning at 11.30 (NT time), 12 noon ESt.

check the blog for more juicy details
www.pinegapontrial.blogspot.com

http://www.abc. net.au/news/ newsitems/ 200706/s1951528. htm

and media release below

thanks for all of your messages of support today!!

Tomorrow we will talk about whether to appeal.

more news at it comes to hand tomorrow!!
love Donna

Pine Gap Trial – GUILTY VERDICT Thurs June 14 2007
After almost five hours of jury deliberations, the Pine Gap Four - Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney – were found guilty of all charges in the Northern Territory Supreme Court this afternoon.
The jury were visibly distressed when delivering the verdict, which should have been a clear cut decision, with full admissions by the four and no legal defence available to them.
Justice Sally Thomas had allowed the defendants to present evidence throughout the 11 day trial including their beliefs about Pine Gap's role in the war in Iraq which resulted in civilian deaths and suffering. She later instructed the jury to disregard that evidence and any sympathies they might have for the defendant's beliefs.
On December 9th 2005 the Pine Gap Four conducted a 'Citizens' Inspection' at Pine Gap to spotlight the base's role in the Iraq war.
Crown prosecutor Mr Hilton Dembo QC made sentencing submissions today calling for all four to go to prison.
"The Crown sees no prospect for rehabilitation, " he told Justice Thomas, adding that the sentence must provide a deterrent for "like-minded people".
Justice Thomas noted that Pine Gap has a significant history of protest and trespass, with past trespassers being fined.
"It's a big step up to talk about a jail sentence," she said in court. "A prison sentence is one of last resort."
Jim Dowling extended an invitation to Justice Thomas to ""join resistance to the war and not give us any penalty".
Adele Goldie responded to the Crown's call for jail time: "I don't particularly want to go to jail, but I stand by my principles".
The Pine Gap Four are the first to be charged under the Defence (Special Undertakings) Act of 1952, with a maximum sentence of seven years imprisonment. No sentencing precedent exists for this case.
Court will resume at 11.30am (midday EST) for Justice Thomas to deliver the sentences for each defendant.

by Jim Dowling - Christians Against All Terrorism Thu Jun 14, 2007 21:15

Thursday 14th June 14, 2007

11.25am

I am sitting in our allotted “office” in the Alice Springs court house awaiting the return of the jury to give their verdict for our crime of inspecting the notorious terrorist base at Pine Gap 20 kms form Alice .

The jury has been out over two hours which everyone thinks is a good sign.

There needs to be a unanimous verdict under commonwealth law, so we only need one or two people to refuse to find us guilty to have a “hung jury”. If this is the case, it is up to the powers that be to decide if they want to have another trial. Given the amount of evidence we have been able to give about the role of Pine Gap, despite endless attempts to gag us, and also the enormous cost of the trial, I think it is unlikely they will do this.

Always one to ride on the backs of others, or to put it more positively, willing to accept the generosity of others’ work, I have written virtually nothing about the trial so far.

I won’t repeat the whole experience at this stage but hope to write more details later – maybe volumes if I get a good prison term.

There have been lots of supporters in court this morning, and about 30 people are on a phone tree to come in at short notice once we have heard that the jury has reached a decision.

We got called back in by the judge at one stage and we wondered if this was it. But it was only for her to tell Bryan that he had been a naughty boy for giving out ‘Rise Up’ CD’s to people in the court house. Some were quite moved. It was just a friendly gesture but Judge Thomas thought Bryan was trying to spread propaganda and told him the court area was not appropriate place to do that. Bryan apologized and said he would not do it again.

And out we all went again.

12.25 am

It is now 3 hours since the jury went out. Things are looking more hopeful of a hung jury.

No one has placed much hope on the miracle of a not guilty verdict.

Maybe we will be blessed with it despite our lack of faith.

Yvette, the wonderful court officer, has just knocked on the door to say there will be no verdict until after the jury has finished lunch at 2pm.

Trent , the last of the four commonwealth lawyers from Canberra , came to greet each of us individually, shake hands and wish us all the best. The only hearts we have failed to move are those of Prosecutor Hilton Dembo and his assistant, Adrienne Cooper. We are waiting to see how vicious Hilton will be if we are convicted. There is no doubt in my mind that he will ask for a jail sentence for Bryan and myself and quite possibly Adele and Donna as well. There is a firm decision form some of us to make it clear we will continue to be of similar good behavior in relation to Pine Gap if offered a good behavior bond, and make it equally clear we will not comply with any requirements of a suspended sentence to stay way form the Pine Gap terror base.

11.00pm

The day is over. Lots of ups and downs.

After 5hours the jury came back in and found us all guilty. All the jury looked dejected. None of them could look at us. Some were very emotional holding back tears as the verdicts were read.

As expected Hilton Dembo asked for jail sentences for all of us.

None of us begged for mecry, Bryan said he would not accept a good behaviour bond or respect any suspended sentence. He said he was ready for a jail sentence and to “bring it on”.

I got one more chance to speak of the blood on the hands of Raytheon and the fraud charges they had been convicted of when the amount of the damages was gain brought up. I said the damage bill from Raytheon was absurd as they had caused billions of dollars worth of damage to property from their cruise missiles.

I asked the judge to join the résistance by refusing to give us any penalty.

Adelle said she did not want to particularly go to jail but she “stands by her principles”.

Donna asked for no conviction to be recorded and promised to be of similar good behaviour in the future!

Judge Thomas reserved sentencing until tomorrow morning (Fri 15.7.07)

It is late but I just want o make one more observation.

In the afternoon after the verdict and before the sentencing hearing I looked around the foyer where everyone was gathered. I was amazed to see more police, security officers, ASIO agents, and Pine Gap workers standing around than our large number of supporters. Honestly there must havew been 20 to 30 of them. It was surreal.

Mike Burgess the Australian head of Pine Gap had spent the whole 3 weeks of the trial in court. Pine Gap copuld obviously run without him! There were large numbers of plain clothes police (maybe some of them ASIO) Some of them had been following us around Alice Springs . With Mike Burgess the whole time was a women who I took to be a lawyer. Sometimes his entourage increased without explanation. Also Pine Gap head of security, Ken Napier was in court most of the time. There were lots of other federal police in plain clothes, one of whom had given evidence against us earlier.

What were they all doing in this court? How could us 4 pacifists be such a threat to the military system? Were they all there just to show their invisible imperial US masters how seriously they were dealing with us? By contrast the people who really run the US Base, the US authorities, were never once seen nor heard from in the whole proceedings. Not one American accent graced the court area.

It is looking like there will be much disappointment if we are merely fined tomorrow.

But personally I will be very happy to wait til another action for a jail sentence!

Peace

Jim

by Sentencing Fri Jun 15, 2007 09:43 Alice Springs, Northern Territory, Australia

Pine Gap Trial – SENTENCE Fri June 15th 2007
NO JAIL FOR PINE GAP FOUR
Four Christian pacifists are celebrating after being spared prison sentences in the Northern Territory Supreme Court today.
The Pine Gap Four, found guilty of breaching the Defence (Special Undertakings) Act 1952, have been handed minor fines.
The public gallery erupted into song, applause, cheers and hugs and the feeling of victory and vindication was in the air.
Justice Sally Thomas noted their good behaviour and co-operation in the sentencing decision.
"All four were very genuine in the cause they sought to espouse," said Justice Thomas, "however their actions - no matter for what cause - cannot justify the breaking of the law."
Jim Dowling has been fined $1250, Bryan Law fined $1000, Donna Mulhearn fined $450 and Adele Goldie fined $550. They have also been asked to contribute $2500 each towards cost of fence repair.
Justice Thomas noted that Pine Gap has a significant history of protest and trespass, with past trespassers being fined. "It's a big step up to talk about a jail sentence," she said in court on Thursday. "A prison sentence is one of last resort."
Justice Sally Thomas had allowed the defendants to present evidence throughout the 11 day trial including their beliefs about Pine Gap's role in the war in Iraq which resulted in civilian deaths and suffering. She later instructed the jury to disregard that evidence and any sympathies they might have for the defendant's beliefs.
When Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered Pine Gap's 'Prohibited Area' to conduct a Citizens' Inspection on December 9th 2005, they were well aware of the potential consequences. Attorney-General Philip Ruddock took their actions seriously enough to charge the group under the 55 year old untested Defence (Special Undertakings) Act.
The consequences however are far greater than fines and criminal convictions. The Pine Gap Four conducted their inspection to disrupt the machinery of war and to draw Australia's attention to the missile guidance system in its heart.
Following sentencing today Mr Law said "We have still won. For me it's not about trespass, it's a moral issue.
"Our action was and is calculated to effectively intervene into the war-fighting operation of Pine Gap, under the public gaze, as part of an effective campaign to limit the damage from war in Iraq in the short term, and bring about global disarmament in the medium term.
"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."
Through tears Ms Mulhearn explained "I thought it was the least I could do given the magnitude of the crime I was trying to prevent. I was trying to fulfil the promise I had made to the people of Iraq to do something to stop the war.
"What I did was an attempt to transform a military base into something open and honest."
In the final moments of the trial, Ms Mulhearn pointed to the stained hiking boots she was wearing. She had worn them in an Iraqi marketplace, in the aftermath of a US bomb.
"Now, in this court room, there is blood on my boots. Blood of a human being because of the targeting decisions made in Pine Gap," she said.
Mr Dowling told the jury "We went to that base to resist what is essentially a war crime – the slaughter of hundreds of thousands of civilians."
Ms Goldie also noted Pine Gap's role in crimes against humanity.
"My action to try to prevent crimes of such tremendous gravity is lawful," she said, referring to the Nuremberg Principles.
During cross-examination Ms Mulhearn questioned the Deputy Chief of Pine Gap, Mr Michael Burgess, about the severity of the charges. She asked Mr Burgess about 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.
The shroud of secrecy surrounding Pine Gap was maintained during the trial. Justice Thomas ruled in favour of the Commonwealth' s submission for public interest immunity at the start of the case. The ruling stated: "Information as to operations of the Joint Defence Facility at Pine Gap except 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 concurred.
The Pine Gap Four had already successfully challenged a suppression order made in a secret court in Darwin in 2006 in relation to ASIO's involvement in their arrest.
The question of parliamentary privilege 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 Thomas ruled it inadmissible due to section 16 (3) of the Parliamentary Privileges Act of 1688. Ms Mulhearn expressed grave concerns that this could result in an unfair trial.
In a surreal move described by one defendant as "more Alice in Wonderland tactics", prosecuting counsel asked that a model of Pine Gap base be forfeit to the Commonwealth on the basis that it contravened the Defence (Special Undertakings) Act 1952 section 2 ("A person is guilty of an offence if the person obtains, collects, uses.. a photograph, sketch, plan, model.. [of] a prohibited area. Maximum penalty: seven years."). The model had been brought to the courthouse on June 5 th to clarify a point of evidence. It was constructed prior to the Citizens' Inspection of the base, using Google Earth photographs for reference.
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 inadmissible by Justice Thomas on Tuesday. Nine barristers and lawyers were present for the prosecution case, while the Pine Gap Four represented themselves.
The trial has been closely followed by the international legal community, concerned that the Attorney General's intervention and the use of an archaic act reflect poorly on freedom of speech and political expression in Australia.
Statement on behalf of the Pine Gap 4:
We want to thank all our supporters in Alice Springs, across Australia and throughout the world.
We renew our commitment to non-violent resistance, which is a powerful way that ordinary people can make a difference in the world.
We encourage others to take their next step in rising up against war. Join your local peace group, or if you can, support actions challenging the US-Australian war games - Operation Talisman Sabre - that will start next week in Queensland.
"The choice now is not between violence and non-violence" said Dr Martin Luther King, "the choice is between non-violence and non-existence" .

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

by Solidarity Tue Aug 07, 2007 15:39 Australia

Pine Gap Trial DPP Appeal – Sat August 4th 2007

GOVT. CONTINUES HEAVY-HANDED APPROACH

Despite the embarrassment of the Haneef debacle the Howard government continues its "vindictive and bloody-minded" approach to national security, lodging an appeal to increase the sentences of four Christian pacifists recently convicted of entering Pine Gap’s ‘Prohibited Area’.

The Pine Gap Four - Bryan Law of Cairns, Jim Dowling of Dayboro, Adele Goldie of Brisbane and Donna Mulhearn of Sydney - were found guilty on June 15th 2007 of breaching the virginal Defence (Special Undertakings) Act 1952. They were handed minor fines (ranging from $450 to $1250) by Justice Sally Thomas after an intense three-week trial in the Northern Territory Supreme Court, despite the prosecution’s request for imprisonment.

The Commonwealth Director of Public Prosecutions (CDPP) says that a fine of any kind is "manifestly inadequate" in this case, and has launched an appeal seeking custodial sentences for the non-violent activists.

On December 9th 2005 under the banner "Christians Against ALL Terrorism" (CAAT), the four broke into 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 set a legal and social precedent by directing the DPP to charge the group under the Defence (Special Undertakings) Act, carrying a sentence of up to seven years jail.

"This government is so ashamed of their war crimes, their only response is to lash out as strongly as possible at those who are trying to expose them," Jim Dowling said in response.

In sentencing, Justice Thomas noted the activists had behaved non-violently at all times, were genuine in their beliefs, had informed authorities of their intentions in advance, were co-operative, and that their actions did not result in any person suffering loss, injury or trauma.

Justice Thomas also noted that Pine Gap has a significant history of protest and trespass, with previous trespassers being fined. "It’s a big step up to talk about a jail sentence," she said during the trial. "A prison sentence is one of last resort," adding that use of the Defence Act was a serious escalation in proposed punishment.

In lodging their appeal the Commonwealth Director of Public Prosecutions (CDPP) claim that Justice Thomas failed to give proper weight to both general and individual deterrence, and gave the activists too much credit for co-operation. Crown Prosecutor Mr Hilton Dembo said during the trial the Citizen’s Inspection had "struck at the heart of national security". Nine barristers and lawyers representing the DPP, ASIO and the Federal Police appeared for the prosecution case, while the Pine Gap Four represented themselves.

"Non-violent action doesn’t ‘strike at the heart of national security’," said Bryan Law, "waging an unjust war and inciting fear, paranoia and hatred is what has struck at the heart of Australia’s security over the past five years.

"The Commonwealth government are being vindictive and bloody-minded in pursuing this further," he said. "We would like to ask Defence Minister Brendan Nelson to explain why his Department is intent on portraying our non-violent action as a threat to national security," said Mr Law.

Mr Dowling also added "I would also strongly question how much the US government is pressuring them to punish us," noting the shroud of secrecy which even excludes Australian members of Parliament from accessing basic information about Pine Gap.**

** (Report 26: http://www.aph.gov.au/house/committee/jsct/reports/repo...6.pdf)

The matter will now go to the Northern Territory Court of Criminal Appeal.

For more information contact:

Bryan Law 0403 049 566

Katie McRobert 0408 468 992

Jessica Morrison 0431 519 577

by Facing Jail Sun Dec 09, 2007 11:56 Australia

The Federal Australian Govt. have issued arrest warrants for the Pine Gap 4 defendants. The Federal Government is also appealing the (lightness of the) sentence. That appeal should be heard over 3 days in Darwin in February 08.

Bryan Law faces 10 days for his refusal to pay a $1000 fine

Jim Dowling faces 13 days for his refusal to pay a $1300

Adele Goldie faces several days in jail

Donna Mulhearn also faces several days.

The default days for all nominated by the trial judge following the Alice Springs trial earlier in 07.

Jim