Evidence missing from Parliament Invasion case

Key evidence has gone missing from the court proceedings against 9 drug law reform activists who peacefully entered the Legislative Assembly of Australia’s Northern Territory on the 14th of May last year. The original Hansard video of the incident has vanished despite being held in the custody of the NT Court system.

The activists, who entered the Legislative Assembly to protest against the draconian drug house laws, are outraged that primary evidence has gone missing, particularly as five activists have been sentenced to between 14 and 21 months jail. These activists are in the appeals process.

The drug house laws enable police to declare a house a drug house without evidence and without securing a conviction against a defendant. The home can then be signposted and raided by police without a warrant whenever they choose. It also allows police to conduct cavity searches on the premises and to stop and question anyone within 200 metres of the sign.

The missing Hansard video depicts a number of the activists being assaulted by police and officials of the Parliament. The defendants had argued in court that the video tape had been doctored, and it took months and many court applications before they were able to get their own copy of the supposed original tape.

But in the Magistrate’s court on Monday the 1st of December, during Committal proceedings for Scott White the last of the group to be charged after he was extradited from his new home in Tasmania, the court was told that the original Hansard tape had “gone missing somewhere between the Supreme Court and the Magistrate’s Court.”

Police prosecutor Peter John Thomas, speaking from the witness box said “this is embarrassing.”

Court orderly Jason Finlay, also speaking from the box said “I have been working here for 2 years and evidence has never been lost before.”

This is the first time that political activists in Australia have been charged with “disturbing the legislative assembly”, a charge that has developed from the Tumultuous Petitioning Act of 1661, enacted by King Charles II of England. Many human rights activists have expressed concern that the group are facing lengthy jail sentences for a peaceful protest. Over the past 18 months they have been the subject of police harassment and intimidation. Activists from the Network Against Prohibition have been charged with over 100 offences.

The group have received a hostile reception from the NT court system because of their anti-prohibition stance. They believe that they will not get a fair hearing in the NT courts. In the Supreme Court, the activists have been compared with murderers and terrorists by biased NT Judges.

On Tuesday 2nd December, Magistrate David Loadman interrupted the extradited White, who was cross-examining a police witness about his illegal extradition from Tasmania to the NT. Loadman said “I don’t care if you are brought here at the point of a machine gun.”

In the interests of justice and for the benefit of the public, People Against Racism in Aboriginal Homelands and Network Against Prohibition are providing a segment of our copy of the “doctored” Hansard tape.

Last year the NT Magistrate’s Court ordered that the tape not be broadcast, and media agencies in Australia have not had the courage to broadcast the tape, despite being given copies by the Network Against Prohibition.

The court cases continue next year. Scott White will face a trial by Judge and jury, while five other activists will appeal their conviction to the NT Supreme Court. One activist, Luke Masters, has already served 2 weeks in prison.

You can view the video at http://www.napnt.org/movies/Hofer-attack.mpeg

For more info see http://www.napnt.org and http://www.country-liberal-party.com

Or call the NAP office on +61 (0)8 8942 0570 or +61 (0)415 16 2525