Loadman must go! Drug fiends’ call for Magistrate to leave the bench

Evidence of impropriety continues to mount against Northern Territory Magistrate David Loadman. Yesterday, in the NT Supreme Court, Chief Justice Brian Ross Martin upheld the appeal of former Network Against Prohibition member, Ema Corro.

Ema was one of nine people who entered the NT Legislative Assembly on May 14, 2002, to protest against the impending “drug house” legislation, which allows police to signpost a property with a one metre high fluorescent green sign declaring it a “drug house”.

The drug law-reform activists became the first people in Australia to be charged with the offence of “intentionally disturbs the Legislative Assembly whilst it is in session.”

As the only woman present, Ema was singled out by the NT police state. She was charged with an aggravated assault on a security guard who was on duty in Parliament on the fateful day.

On December 6, 2002, Ema appeared before Magistrate Loadman in the Darwin Magistrate’s Court for a hearing into the assault charge. He refused Ema’s application that he should disqualify himself due to his obvious bias against NAP and its associates.

Aaron Wigmore, the security guard, claimed from the witness box that Ema jumped from the dispatch table onto his back.

NAP spokesperson Gary Meyerhoff said: “We all knew that Wigmore was perjuring himself… we had all seen the video evidence which clearly shows Ema jumping from the table onto the floor and then running towards the exit.”

The video evidence was not shown in court and Ema was found guilty and given a suspended jail term.

During the hearing, Mr Loadman treated Ema with absolute contempt, even having her thrown in the court cells for a few hours as a punishment for her non-cooperation.

Yesterday at the Supreme Court in Darwin, Ema’s conviction for the “assault” was overturned. Chief Justice Martin told the court that Loadman “fell into error.” Chief Justice Martin pointed out that Loadman had failed to adequately discuss the case with Ema, who was representing herself.

The Chief Justice’s comment that “it wasn’t a fair trial” has confirmed the long-held view of NAP members that they cannot and will not get a fair hearing in the NT courts. They have continually expressed concerns about the behaviour of Magistrate Loadman and some of his brother magistrates and justices.

This is the second time this year that the Supreme Court has criticised Mr Loadman’s approach to members of NAP. In January, Justice David Angel overturned a finding of guilt in another NAP case, when Loadman presided over the hearing of NAP member Rob Inder-Smith.

Justice Angel said: “The whole tone of the trial is a concern… the tone of the way the magistrate addressed the appellant speaks volumes."

Loadman’s disdain for drug law-reform campaigners was so blatantly obvious that the Department of Public Prosecutions conceded the appeal. They put up no fight.

In December 2003, in what is another example of Loadman’s bias, he told NAP activist Scott White, who was extradited from Tasmania to face the charge of disturbing the Legislative Assembly; he didn’t care if Scott was “brought here at the point of a machine gun.”

Although he disqualified himself from hearing a case last week because two of the witnesses were associated with NAP, Loadman has not taken heed of the comments of his judicial superiors.

Explaining the reasoning behind his self-disqualification, Loadman said, "Everyone of them (NAP members) has been found to be untruthful."

Referring to the hearing of Rob Inder-Smith, who represented himself, Loadman said: "I was subject to specious drivel which I dismissed with venom…yes, I did dismiss it with venom."

Loadman dismissed Justice Angel's decision as "misguided jurisdential purity".

NAP spokesperson Stuart Highway said: “The paramount rules of natural justice are that the person affected must have a right to be heard before the decision is made and that the decision maker must not be biased or appear to be biased… Loadman has denied us this right.”

“Loadman’s continued attacks on NAP members, and his recent scolding of Justice Angel, are clear evidence that Loadman has scandalised the Northern Territory justice system. He should have the integrity to resign… if not, he should be dismissed.”

Rob and Ema now face the prospect of having the charges reheard in the Magistrate’s court, although Chief Justice Martin did express concern about this yesterday. During last week’s defamation of NAP members by Mr Loadman, he admitted that there is not "a magistrate in the system who doesn't have a perception of bias about these people."

For more information, call NAP on (08) 8942 0570 or 0415 16 2525, and Magistrate Loadman on (08) 8999 6599.