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Background
image Smoke-in |
by Mick Lambe |
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Police vs NAP member Any residual belief that Magistrates are independent entities slavishly devoted to Law, took a battering recently, as a NAP member charged with contravening Section 61 of the NT Criminal Code faced court. The so-called 'Parliament Invasion' CRIMINAL CODE OF THE NORTHERN TERRITORY OF AUSTRALIA - SECT 61 Disturbing the Legislative Assembly 61. Any person who intentionally - (a) disturbs the Legislative Assembly while it is in session; or (b) engages in conduct in the immediate view and presence of the Legislative Assembly while it is in session with the intention of interrupting its proceedings or impairing the respect due to its authority, is guilty of a crime and is liable to imprisonment for 3 years. |
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With friends like these... The young man charged had taken advice from 'friends' and NT Legal Aid to plead guilty, in the hope a custodial sentence would be avoided. This was contrary advice to that given by the NAP legal team which believed the Courts would deal harshly with any perceived affront, to the alleged 'dignity' of Parliament. We believe Parliament should not be allowed to become (or more appropriately, remain) a sanctuary for corrupt politicians. A less than spirited defense (no objections were raised) by Legal Aid saw the young man sentenced to four months imprisonment - suspended to two weeks. Legal Aid have appealed the decision which will now be heard in the NT Supreme Court. The young man lost his job (casual security work) and was evicted from his emergency accommodation once the verdict was announced. It says much about the true character of the "wonderful and supportive" people, the Legal Aid mouthpiece describes to the Magistrate. NAP are accommodating this homeless youth (now) facing imprisonment. "...(He) now does not associate himself with the other defendants." (Legal Aid, Magistrates Court, 1st August, 2002) |
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Legal Aid throw caution to the wind :-) "...I don't seek to make submissions to trivialise the offence in any way..." "He ... in his instructions it's been clear that he knew that this was a protest that crossed the line... ...a crime." Once this ceremonial buttock exposing was over, Legal Aid did the usual espousing of the defendent's servility quotient... no priors, good employment record...etc. All to no avail. A more realistic argument against
youth imprisonment can be found @ http://www.parity.infoxchange.net.au/group/ |
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Concern for Magistrate Trigg's Mental Health The Magistrate's worldview which sees nonviolent anti-drug war protesters, as potential Hiroshima-like mass-murderers is not a healthy one. Especially when this individual has the power to imprison the victims of his delusions.
Some people are alarmed by Magistrate Trigg's pronouncements, which they believe indicate possible S11 post traumatic stress disorder... "...A new study by researchers at
the University of Newcastle has found a high percentage of Australians
have suffered post traumatic stress following the terrorist attacks on
the US on September 11 last year. ('Trauma common after September 11 attacks: research'
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NAP members presumed guilty The presumption of innocence, in regard to seven other NAP members facing trial, has been treated with the contempt the proposed 'ASIO Act' has, for the rights of alleged 'terrorists', such as political activists and Trade Unionists. Legal Aid - (On the costs of
pleading innocent, to the community) "...the others do not
consent to summary jurisdiction and seek a trial by jury... (and) ...my
client has avoided any - or has taken steps to avoid - that this matter
is dealt with quickly and that the community is not further put to
expense by his early plea." Magistrate - "Some of the names
are fairly familiar to me through the courts and some of them I would
expect would look at it as some opportunity to try and push some form
of political barrow." Magistrate - "Given the maximum penalty is three years, I would have thought that some of the others from what I've seen on the video, would be looking at somewhere approaching 18 months." NT pair receive 18 months
imprisonment for |