Pine Gap 4 Trial - Week 2 : Melbourne Indymedia

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 preceding 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.

KANSAS CITY: A US military disciplinary panel recommended that a decorated combat marine be involuntarily discharged after he joined an anti-war demonstration and spoke out against the Iraq war.

The three-member panel at a marine command centre in Kansas City recommended that 25-year-old Adam Kokesh be given a general discharge - one step below an "honorable discharge" and a reflection of "significant negative" conduct.

Kokesh was accused of misconduct for wearing desert fatigues at a protest in Washington in March to mark the fourth anniversary of the 2003 invasion of Iraq.

Kokesh said he would appeal the recommendation, which stops short of the honorable discharge he wants but is better than the dishonorable discharge that could have been recommended.

"I'm standing on principle and we're going to contest this on principle. It's not going to go away," he said.

Kokesh is one of three US Iraq combat veterans and members of a group called Iraq Veterans Against the War whom the government has threatened to punish over their roles in the anti-war demonstration.

Kokesh was also charged with misconduct for responding to a marine investigator with a profanity.

He maintained that he has been acting as a civilian since his discharge from active duty in November 2006 and decried the action by the marines as a restraint on freedom of speech and a "corrupt" and political act by the US military.

"It's clear these tactics of intimidation are being used against members of Iraq Veterans Against the War," said Kokesh, who wore a black anti-war T-shirt to the hearing. "Freedom of speech means the right to say what other people don't want to hear."

The government argued that Kokesh was still a member of the "Individual Ready Reserves", which meant he could be called back to duty and was subject to some military conduct regulations.

"This is an administrative discharge for the good of the service," said marine colonel Patrick McCarthy. "It is not a freedom of speech issue. This is about uniform violation and disrespect to an officer."

However Kokesh was asked during the hearing if he was a "card-carrying member" of the Iraq Veterans Against the War, what membership entailed and if he voted in the last presidential election.

Marine captain Jeremy Sibert, a member of the reserves who presented the government's case, argued that Kokesh's action in the demonstration was potentially damaging to the military because it came during deliberations by Congress over funding for the Iraq war.

Sibert also said Kokesh's conduct could have harmed recruiting efforts and affected public opinion about the marines and the war.

Supporters from around the country staged a protest outside the marine command centre, holding signs and banners supporting Kokesh and criticising President George W Bush over the war. Many wore red badges bearing a tally - 3,495 - of US military deaths in Iraq.

"It's an insane war," said 68-year-old Andy Wasowski, a Korean War veteran who travelled from New Mexico to support Kokesh.

The recommendation now goes for final disposition to Brigadier General Darrell Moore, commander of the Marine Corps Mobilisation Command in Kansas City.

Among the protesters was 22-year-old Liam Madden of Boston, who is also being investigated.

The third Iraq veteran investigated - 23-year-old Cloy Richards of Salem, Missouri, who was wounded in combat - was also at the protest. But Richards agreed not to wear his uniform in protests in the future in order to keep his disability benefits.

my thoughts are with the Pine Gap crew. the final day of deliberations is thursday, june 7.

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 9th 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 6th 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.

Thanks Kim for your message of support. Unfortuantely the trial is likely to go almost another week!

Check out our blog for full information and photos....

http://www.pinegapontrial.blogspot.com

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 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.
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)

In my mind, it was all six members of the Citizen's Inspection Team who were successful in their bid to transforming Pine Gap. Each one are standing and represented as the four defendants daily speak out in court to reveal the truth and unmask the insideous perpetrator of war that is Pine Gap, US Spy base.
Each day in court they face some losses and some victories, but they stand on their convictions, unjaded two weeks into the trial and are unshaken and strong.
Thank you for being my heroes, for telling the truth and for living your beliefs and taking a stand for justice. You four, indeed you six, do Dorothy, Martin & Ghandi proud, and bring honour to them.