Breaking a butterfly on the wheel

Anti “drug house” legislation crusaders committed for trail

4 members of the Network Against Prohibition (NAP) were today committed for trial in the Northern Territory Supreme Court. The activists peacefully occupied the electorate office of the NT Chief Minister, Clare Martin on August 1 last year, the day “drug house” legislation came into force.

The legislation has sparked outrage from NT drug users and has been described as NAZI labelling by the peak Australian drug user organisation AIVL. Civil liberties groups have expressed concern over the laws that allow police to declare a house a “drug premises” without convicting anyone of any offence.

Related legislation has also extended the power of Police to confiscate cash and property belonging to people suspected to be involved with the ‘drug trade’, without conviction or evidence these items were generated as a result of drug profits.

For a peaceful occupation, Nicolette Burrows, Gary Meyerhoff, Rob Inder-smith and Ema Corro are all charged with “business invasion”. Ironically, this is a new law that was introduced by the NT Labor Government in late 2001 as a response to a perceived high rate of burglaries. It has a maximum penalty of 7 years jail.

NAP activist Nicolette Burrows said “Drug users were forced to action last year after the Labor government introduced legislation which not only violates the basic human rights of illicit drug users, but also reduces the civil liberties of all Northern Territorians.”

“We hope this trial will continue to both challenge and define the extent to which our implied constitutional right to free speech is recognized. The ongoing prosecution of drug law reform activists in Darwin shows that these charges are of an inherently political nature.”

This is the second time that the “business invasion” law has been before the courts. Last week it came before the Darwin Magistrate’s Court last week for the first time when members of NAP were charged with occupying the offices of the Chief Health Officer. These charges were dismissed.

This week, after a 2 day committal hearing in the Magistrate’s Court, the NAP activists were found to have a case to answer on “business invasion” for the occupation of the Chief Minister’s electorate office. Chief Magistrate Hugh Bradley committed all 4 to trial by judge and jury in the Supreme Court. All 4 have been released on bail.

3 of the defendants are already facing the Supreme Court, appealing the decision of the Magistrate who sentenced them to between 18 and 21 months imprisonment for a peaceful entry into the NT Legislative Assembly last year.

For further info or to arrange an interview call the NAP office on 61 (0) 8 8942 0570 or see our website http://www.napnt.org

Alternatively you can contact us by email napnt@bigpond.net.au

For the NT Government spiel on the drug house laws http://www.nt.gov.au/justice/docs/lawmake/drug_laws.pdf

NAP business invasion - Round 2, Clare Martin's Office

NT Drug Law Reform Campaigners face jail again

4 members of the Network Against Prohibition will this week face the Darwin Magistrate’s court charged with business invasion and trespassing after a peaceful 30 minute occupation of Clare Martin's electorate office in suburban Parap last year. The occupation occurred on the 1st of August, the day that the Northern Territory drug house laws came into force.

Business invasion is an offence introduced by the new Labor government in late 2001. The offence has a maximum penalty of 7 years jail. It has only been used once before and that was against NAP members who occupied the office of the NT Chief Health Officer late last year. In that case 1 NAP activist was acquitted and the others were found not guilty of business invasion but guilty of trespassing. The trespassing conviction is being appealed.

This week's hearing is set down for 3 days, Mon, Tue and Wed. The prosecution have about 12 witnesses, 11 of whom are police.

The NAP activists maintain that their actions were justified.

NAP spokesperson Nicolette Burrows said “the war on drugs in the Northern Territory is a war on drug users. The drug house laws are draconian and based on failed drug policy of the United States. With the zero tolerance policy towards illicit drug users and the government’s abhorrent treatment of dependant drug users, drug users in the NT are faced with an ongoing emergency.”

The activists charged are Ema Corro, Robert Inder-Smith, Nicolette Burrows and Gary Meyerhoff. Rob, Ema and Gary were sentenced 3 weeks ago for their involvement in the parliament invasion. Sentences ranged from 16 months to 21 months, suspended after 5 months in each case. The 3 are on appeals bail and the appeal is expected to be heard in the NT supreme court later in the year.

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

Alternatively you way choose to peruse our website: http://www.napnt.org

Drug law reform campaigners face 7 years jail for peaceful occupation

Darwin Magistrate’s Court 16th, 17th and 19th June - Hearing

In a further attack on civil liberties in the Northern Territory of Australia, authorities are pursuing a case of “business invasion” against a group of peaceful activists. The activists entered the office of the NT Chief Health Officer on the 2nd of July last year to protest against human rights abuses faced by opiate dependent people in the NT.

In June last year, 40 opiate dependent people were deprived of medical support after the Chief Health Officer removed a local GP’s right to prescribe schedule 8 drugs. Schedule 8 drugs include methadone and morphine.

The Northern Territory has had a history of opiate use going back to the beginnings of Darwin with a number of opium dens in Cavenagh Street. Since then, things have gone downhill in the Northern Territory for illicit drug users.

The previous Country Liberal Party Government approach was to offer a one way bus ticket ‘out of town’ to drug users. Methadone was only available to pregnant women, HIV positive people or on a very limited reduction basis.

The election of the Labor government saw the closure of the restricted methadone reduction program, pending the availability of methadone on a maintenance basis. It took the new government nearly 12 months before a methadone maintenance program was established in the NT. To make matters worse, Labor closed Darwin’s only residential detoxification service at the same time as it closed the methadone reduction program.

In June last year, 40 families faced the prospect of having to leave the Northern Territory. Many had lived in the NT for a large portion of their lives. Some families did leave.

Defendant and NAP activist Gary Meyerhoff said “We see this as a wrongful act and we acted out of necessity. The occupation of the Chief Health Officer’s office was an expression of our right to freedom of speech. We sought to raise the plight of opiate dependent people in the Northern Territory.”

NAP activist Nicolette Burrows said “Opiate dependant people ought to have access to a full range of pharmacotherapies, including access to a heroin maintenance program. We call on both the Federal and Territory Governments to instigate a heroin maintenance program, involving opiate dependant people in the development of policies surrounding these issues.”

“In countries such as Switzerland, Holland and England, heroin maintenance programs have proved highly successful. They vastly improve the quality of life of dependent users and counter the devastating impact prohibition has on local communities.”

Some of the activists already face jail terms after being sentenced to between 16 and 21 months jail for a peaceful entry into the NT Legislative Assembly in May last year. The “parliament invasion” case is on appeal and NAP activists will appear before the NT Supreme Court in a few months time. If unsuccessful they will spend at least 4 months in the infamous Berrimah Jail.

Scott White, the final parliament invader to face the courts and who was extradited from Tasmania to the NT, will appear in the Darwin Magistrate's court for a committal hearing on June 20th. The "parliament invasion" case begins round two.

You can contact NAP on phone 61 (0) 8 8942 0570, mobile 61 (0) 415 16 2525 or email the nap office.

For more info on the occupation of the Chief Health Officer’s office see Ema Corro’s article on the site:

http://www.napnt.org/pages/US-bases.htm

To see NAP media alerts released at the time of the occupation see:

http://www.napnt.org/pages/Articles_19.htm

For more info on the situation faced by dependant opiate users in the NT see:

http://www.henrypang.info/s8.htm

To find out about the parliament invasion case see:

http://www.napnt.org/pages/Articles_11.htm#preamble

Updates are posted at:

http://www.napnt.org/blog.html

Members of Australian drug law reform group facing jail

Australian system of government denies right to freedom of speech

Tomorrow at 10am in the Darwin Magistrates Court in Northern Australia, Magistrate Dick Wallace will hand down sentences for 5 drug law reform campaigners, Ema Corro, Mick Lambe, Gary Meyerhoff, Rob Inder-smith and Stuart Highway. The 5 were last week found guilty of "deliberately disrupting the legislative assembly whilst it was in session".

The charge, never before used in the Westminster system, was introduced after the actions of Oliver Cromwell in the 17th Century. It has a maximum penalty of 3 years imprisonment, and the magistrate has advised that a prison sentence will be highly likely.

11 people last year disrupted the proceedings of the N.T Legislative Assembly whilst in session, to protest against the Labor government's Tough on Drugs "drug house" legislation.

One of the defendants Gary Meyerhoff said that "this trial has highlighted the need for a bill of rights in Australia. The NT government, through their Magistrate Dick Wallace has eroded our right to freedom of speech and expression."

"The drug house laws are still in force in the NT and people still risk having 1.2 metre high fluorescent green sign posted on their front door and the prospect of police raids without warrants on a continual basis. Imprisonment will not deter Network Against Prohibition activists and this human rights campaign will continue until the repeal of the drug house legislation and full rights for users of illicit drugs in the NT and beyond."

For further info on the NAP campaign see http://www.napnt.org

To arrange an interview call the NAP office on 61 8 8942 0570 or 0415 16 2525.

Westminster system of democracy on trial in Darwin, Australia this week

6 Human Rights activists facing 3 years jail for peaceful demonstration at the Northern Territory Parliament last year

The Westminster system of democracy is on trial in Darwin, Australia this week as 6 human rights activists are sentenced for “unlawfully disturbing the legislative assembly whilst it was in session. Sentences will be handed down on Thursday the 5th of June at 10am in the Darwin Magistrate’s Court.

The charge – “unlawfully disturbing the legislative assembly” has never been used in Australia and possibly never within the Westminster system.

The charge was legislated into existence in the 17th Century after the actions of Oliver Cromwell. It has not been used since.

Thursday will see the Northern Territory Government sentence the 6 activists to terms of imprisonment for their peaceful entry to the NT Parliament on May 14 last year.

The activists were demonstrating against “drug house” legislation, a law that enables police to declare a house a drug house on suspicion only, and to raid the premises without a warrant at any time. The houses are marked with a 1.2 metre high fluorescent green sign. The “drug house” laws have been criticised by civil liberties groups Australia wide.

For more info about the entry into the NT Parliament see

http://www.napnt.org/pages/Articles_8.htm#article1