The Empire Strikes Back: Guilty twice in one day

Drug law reform campaigners have received guilty verdicts in two cases in Darwin today.

NAP (Network Against Prohibition) members Rob Indersmith and Gary Meyerhoff were both found guilty of "failing to comply with the instruction of an authorised officer" for failing to dismantle the drug users' embassy from the grounds of parliament house on the 2nd of May last year. A third NAP member, Roy Waters was found not guilty.

Rob and Gary were each fined $300, $40 victims compensation levy (the victim being the government) and $560 each for court costs, to pay for the private prosecutor who handled our case, thankyou Tom Berkely.

Interestingly, Magistrate Jenny Blockland found that Roy, Rob and Gary were not covered by the Geneva Convention, as claimed by the NAP team, because the war on drugs is not a conflict. This argument needs to be refined for further court battles.

Later in the day, 5 NAP and PARIAH (People Against Racism in Aboriginal Homelands) members, Ema Birkeland-Corro, Mick Lambe, Rob Indersmith, Stuart Highway and Gary Meyerhoff were found guilty of "deliberately disrupting the legislative assembly whilst it is in motion." The magistrate, Dick Wallace reached his decision within an hour of the final submissions from the defendants. Surprise, surprise.

He ignored our argument that the entry into parliament was an expression of our right to freedom of speech. In fact, this case has shown that in Australia we have a right to freedom of speech but governments can legislate this out of existence. We have no bill of rights in Australia. Another blow for democracy.

Wallace denied that NAP members had been provoked by the NT establishment. Although he conceded police harassment and the laying of frivolous charges, he stated that not enough wrongful acts had been committed against NAP members to warrant our entry into the chamber.

He also denied that the ongoing war on drugs was a wrongful act, in that it was expressly lawful. Governments have passed laws to make this genocide legal. Gary reminded Wallace that the genocide of five million Jewish people in Europe in the forties was also lawful, and carried out by a democratically elected government with the support of judges and magistrates. Wallace said that many people had been hanged as a result of this, after the war. NAP members retorted that many people may also hang when the drug war ends, and it is found to be a wrongful act, genocide.

Sentencing for this matter has been adjourned until 10am on the 23rd of May 2003 at the Darwin Magistrate's Court. The maximum penalty for the offence is three years imprisonment.

When asked by ABC TV reporter Kate Carter whether the NAP/PARIAH team was surprised by the verdict, Gary said "what do you expect when the magistrate is paid $4000 a week by the government. This case just shows that Australia is not a democracy and that we don't have a right to protest."

The NAP/PARIAH team will appeal both decisions in the Northern Territory Supreme Court.

For more information call Gary on 61 (0) 415 16 2525 or email napnt@yahoo.com

Australian democracy on trial this week

Chief Minister of Australia’s Northern territory to appear in court this week.

Democracy in Australia is on trial this week at the Magistrate’s court in Darwin, the capital city of Australia’s Northern Territory (NT). The Chief Minister of the NT will appear as a witness after receiving a summons from a group of Darwin drug law reform activists.

The activists, members of the Network Against Prohibition are facing the charge of “deliberately disrupting the Legislative Assembly whilst it was in motion.” They face a maximum penalty of 3 years jail. The charge relates to an incident on the 14th of May 2002 when 11 drug law reform activists peacefully occupied the NT parliament to protest the passage of the pending misuse of drugs amendment bill. Full details of the “parliament invasion” can be found at http://www.napnt.org/pages/Articles_8.htm#article1

The “drug house” laws, allow the NT police to apply to a court and have your home declared a “drug premises” with a 1 metre high green sign attached to your front door. This gives the police the power to raid the home at any time, to search anyone on the premises and do cavity searches with the telephone consent of a magistrate. NAP oppose the “drug house” legislation for many reasons. See http://www.napnt.org/pages/Articles_13.htm

Other organisations have also condemned the “drug house” legislation http://www.napnt.org/pages/Articles_9.htm#article2

and

http://www.napnt.org/pages/Articles_15.htm#article1

9 of the activists were charged. 3 have pleaded guilty and 6 have taken the matter to a hearing. So far, the “parliament invasion” case has had 12 days of hearing and 5 more days are set down from the 19th to the 23rd of May. Many politicians have appeared in court after receiving summonses from the NAP defendants. To date, the leader of the opposition Mr Denis Burke MLA, Sue Carter MLA, health minister Jane Aagard and attorney-general Peter Toyne. Deputy chief minister and ex-police minister Syd Stirling MLA has also appeared as a witness. NAP members allege that he has committed perjury by denying any knowledge of NAP organised community smoke-ins.

NAP commenced monthly community smoke-ins as a strategy to include the community in their to the government’s “drug house” legislation. The first community smoke-in on the 20th of April resulted in an attack by police on peaceful protesters. In the melee that ensued, 5 people were arrested, although all charges were dropped 6 months later. See http://www.napnt.org/pages/Articles_1.htm#art1

Despite the threat of police violence, the smoke-ins continued on a monthly basis. The NT police kept their distance until October when they again attacked peaceful protesters http://www.napnt.org/pages/Articles_28.htm.

Syd Stirling’s denial that he had no knowledge of these 2 events, despite the fact that he was police minister is clearly contemptuous of the court process. NAP smoke-ins continue and the group celebrated their 11th smoke-in this month.

NAP have a long history with Syd Stirling. He is the member of the cabinet who when approached with an NAP petition, scribbled all over it. See http://www.napnt.org/pages/Articles_6.htm#article1.

We got our own back when we presented him with a set of pig’s heads at last years police conference in Darwin http://www.napnt.org/pages/Articles_21.htm

NAP conduct a range of activities in response to the NT Government’s zero tolerance approach to illicit drug users. Prior to invading parliament, the NAP mob attempted to establish a drug users’ embassy outside the front entrance to the NT parliament. Unfortunately, the police intervened and after 24 hours, the group was forcibly removed and 4 people were arrested. The hearing for this case has been completed and a verdict is expected on Thursday the 22nd May at 9.30am. http://www.napnt.org/pages/Peoples-Embassy.htm#article1

The NAP crew have also held rallies and picketed drug raids http://www.napnt.org/pages/Articles_26.htm

The hearing on Monday will put Australian democracy and the right of Australian’s to protest and to freedom of speech on trial. The action starts at 9.15 am on Monday morning and we are hoping for a full public gallery. Come along and show your support for NAP and your opposition to the NT government’s “drug house” laws. All are welcome.

For further information or to arrange an interview, call Gary on 0415 16 2525 or Nicolette on 0418 985 701.