The members of our groups - NAP (Network Against Prohibition) and PARIAH - (People Against Racism In Aboriginal Homelands) - facing charges, wish to submit the following points.
1. The Court is reminded that we are representing ourselves and that latitude is extended to such in Court.
2. A request for the tapes of the alleged Trespass in Parliament has been rejected by
Magistrate Lowndes.
3. No grounds were cited for this refusal of primary evidence to Defendants facing serious charges.
4. Our representative also made Magistrate Lowndes aware of a recent precedent
involving precisely the same request for a video tape in front of Magistrate Luppino.
A successful request.
5. This legal precedent was dismissed by Magistrate Lowndes as being of no
consequence.
6. A viewing of the tape was arranged for our representative at Darwin Public
Prosecutions. So there are no Parliamentary impediments to our actually viewing the tapes.
However this is unsatisfactory for a number of reasons...
7. On an earlier occasion when submitting a complaint to Police, our representative Gary Meyerhoff was searched in the Police Station.
8. Unless this is common practice when members of the Public complain of Police
brutality, such behaviour can only be seen as a misuse of Police powers..
9. The NT Police force facing complaints of Assault by our members, has a history of
harassing Complainants with political affiliations. Some of whom are Defendants and/or members of NAP and PARIAH.
10. We submit http://www.country-liberal-party.com and http://napnt.tripod.com as evidence relating to such Police behaviour and would suggest our publicizing such
matters, explains much of the harassment we receive from the NT Police.
More details will follow…
11. Suffice to say, there are very cogent reasons why our people are reluctant to enter
Police Stations or the Public Prosecutions, or indeed have any contact with NT Police at all, away from the Public eye.
12. These matters clearly inhibit our examination of primary evidence. Essentially they do not allow a prepared presentation of the Defence case to be mounted, using the tapes.
13. The Police tape is not original and the copies have been altered. There are four tapes of the alleged offence in Parliament, yet these tapes have been “cobbled together” as one.
14. Obviously we were requesting copies of the original tapes, not an ‘edited’ version by a Police force facing Assault charges and as already mentioned, one “attempting to intimidate and harass our members…”
15. That we have a right to copy the original tapes and view them in a venue that allows us the same advantages for examination and presentation as our Prosecutors, would seem a reasonable presumption, borne out by the precedent submitted to and rejected by
Magistrate Lowndes.
16. We would remind the Court that a young female was kicked while supine by Detective Bert Hofer in Parliament and that he is facing Assault charges. The victim was also groped about the breasts by a male Security Guard. The Police are now claiming that the young female is guilty of Assault. A claim made weeks after the initial event. Once again we are unable to view the original tapes despite these new charges.
17. Until we are given a reason as to why we are not permitted to copy the original tapes and why a legal precedent was simply ignored by Magistrate Lowndes - we are unable to proceed in this matter.
18. The Defence needs these matters resolved, in order to argue or appeal the decision to with-hold primary evidence. The altered tape the Police have in their possession is not even one of the four tapes we wish to copy and view.
19. We would hope that this more detailed submission, results in the original tapes (Property of the Court) being made available for copying at a time convenient to all
involved.
20. We also request that the Court explain why floppy discs of transcripts are not made available, as well as the usual prohibitively expensive documentation.
Everyone should have equal access to the means to defend themselves in Court.
Mick Lambe
Coordinator PARIAH: People Against Racism In Aboriginal Homelands
On behalf of the Defendants in this matter.