Pine Gap on Trial : Melbourne Indymedia

Pine Gap Trial – UPDATE COURT PROCEEDINGS May 29 2007

A WIN FOR AUSTRALIAN CIVIL RIGHTS

Judge Thomas today upheld the constitutional rights of the Pine Gap Four by rejecting the stringent bail conditions the Crown had requested. “What you're suggesting,” said Judge Thomas during court today, “is essentially home detention.. it seems to be too extreme.”

Mr Hilton Dembo QC, appearing for the Crown, made application for the defendants Bryan Law, Jim Dowling, Adele Goldie and Donna Mulhearn to remain in the courthouse for 45 minutes after daily court proceedings, then to not leave their places of temporary residence in Alice Springs until court the next morning. Mr Dembo also requested the defendants not be allowed within 2 km of the Joint Defence Facility at Pine Gap, citing the importance of “preserving the integrity of the trial.” He further noted that the Pine Gap Four have published notice of intent to hold meetings and processions in Alice Springs and at Pine Gap, saying “I'm not quite sure what they mean by acts of civil disobedience but you don't have to be violent to cause disruption.”

Mr Russell Goldflam spoke for the defence, saying “It is clear that the effect - and I hazard to say the intent – of these conditions was to deprive these people of the right to speak freely about matters of politics. Clearly an element of their coming here [to Alice Springs] from distant places is to be involved in political expression.

“It is rare that I get a chance to stand up in court and address constitutional matters, but this is one of those times.”

Mr Goldflam went on to note that the defendants have returned to Alice Springs for political reasons several times since the Citizens Inspection in December 2005 and have always conducted themselves with “the utmost respect and transparency”.

Judge Thomas agreed that the Crown's requests were indeed “extreme”, saying “I don't see the necessity.” Mr Dembo sheepishly withdrew the request for home detention and the Judge rejected the other conditions, setting bail at $1000.

Tomorrow – Wednesday May 30 – the jury will be empanelled in the morning and the Crown is expected to present their opening argument after recess at 11.45am. The defendants will be representing themselves in court, as they feel this is the best way to connect with members of the jury. “We want them to understand why we did what we did,” said Bryan Law. “We are in the hands of the jury.”

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

THIS is the defendents entering court!

Hi Jessica,

Thank you very much for the report and the photos.

Trial for Pine Gap Activists started today with an application for the defendents to be placed under house arrest dubbed as "extreme" by the judge and thrown out.
(End quote)

Relieved with that decision of the judge to begin with but I'm aware what they are facing there in Alice.

Is there any action in Melbourne to support them?

We had a vigil to mark the beginning of the trial yesterday, in Bourke Street Mall. Words and pictures here.

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 giving a little update at the end of each day.