|
NT Labor's "Tough new
approach" on dissent June 9, 2003 |
| NT
Labor's "Tough new approach" on dissent By Ema Birkeland Corro
Four drug law reform activists face up to 7 years imprisonment for an occupation of Chief Minister Clair Martins' electoral office last year. We face charges under section 226B of the Criminal Code "Home invasion and invasion of business premises" in the Darwin Magistrates court ( June 23 ). Three of the defendants and two others, also face charges of "home invasion" and trespass on June 16, for a sit-in at the Chief Health Officer's office. The so-called 'invasion' was no
different from many sit-ins or occupations that I have witnessed. |
|
|
NT Police cleared the surrounding shopping center. They confiscated property, intimidating and threatening to arrest protesters and media out side the office. Once everyone had been forced to leave the area, police then focused on the four protesters who had remained in the office. Had the police simply asked us to leave, we probably would have left right away. |
|
|
Instead, we were put in the terrifying position of being alone in a deserted shopping center with about 40 armed police abusing us and trying to break down the door. After what seemed like a very long time, we managed to get through to them (NT police being a bit slow thinking, though quick to aggression) that if they stopped ramming the door, we would be able to open it from the inside and leave peacefully. |
|
|
Download - Clare Martinet - poster zipped - 260 kbs or use CM Big - jpg (120 kb) |
| Section 226B. Home invasion
and invasion of business premises
We are the first people to be tried under the "Home invasion and invasion of business premises" laws, which were passed by the new ALP government (which ironically, was elected on the backlash against mandatory sentencing) in October 2001 under the banner of 'serious crime means serious time' and 'a tough new approach'. Apparently the Department of Public Prosecutions has been under serious pressure to pursue these outrageous charges from the Chief Minister herself. In his speech to parliament regarding the new laws, Attorney General Peter Toyne stated, "We believe that this bill reflects some of the real concerns of the community regarding criminal activity that is occasioned by offenders breaking into people's homes and ransacking premises. It emphasises that a person's home should be a place of security and privacy; that the invasion of that privacy is unacceptable to the community and that there should be a severe penalty for such an offence. It is also a reflection that a person is entitled to engage in trade and business in safety and without unnecessary disruption to that business. It is saying to the community in no uncertain terms that unlawful, senseless damage to personal property will not be tolerated.' This sounds good in theory, however all the aspects of "home invasion" dealt with in the legislation are already covered in Section 213 of the Criminal Code under "Unlawful entry". The primary difference is that the charge of "Unlawful entry" takes into account the offenders intention and the time, place and actual damage in determining appropriate sentences. We could not have been found guilty of "Unlawful entry" because we entered the premises with no intention to commit an offence. The "Home invasion and invasion of premises" legislation makes no distinction between people trying to exercise their right to free speech and to talk to their elected representatives, and '…breaking into peoples homes and ransacking premises.' The ALP's hypocrisy is sickening.
At the same time they introduced this legislation, they were also
writing the "Drug House" legislation which essentially allows the
homes, privacy and bodies of people to be invaded at will by police.
Then they can't wait to try out their new laws, not on criminals, but
on people protesting against the "Drug House" legislation. |
|
NT ALP's "...tough new approach" It seems that the ALP and NT police consider free speech and political protest to be 'serious crimes'. Over 100 charges have been laid against members of the Network Against Prohibition, People Against Racism In Aboriginal Homelands and others associated with these groups. I personally have had a total of 20 charges laid against me (6 of these have been dropped before court), ranging from trespass and assault police, to disturbing the Legislative Assembly. I am currently out on bail awaiting appeal, after being sentenced to 18 months suspended after 5 months, for the protest in the Legislative assembly. Most of these serious charges were for fairly minor incidents. Just one example is over 30 criminal charges of "Unlawful damage" that have been brought against myself and others for sticking up posters - all of which were dismissed. In several cases people who were not members of NAP or PARIAH have been charged in order to stop them associating with us, or in order to intimidate NAP and PARIAH members. For example a person who stayed for a short time at the house of several NAP members, had 11 charges placed against him for an incident that happened 8 years ago. After he moved out of the NAP house all the charges were dropped. The brother of a defendant in the Parliament trial, had his house raided and was sentenced to prison for 6 months for alleged drug offences. NT Police have continually used violence, threats, intimidation and the corrupt NT Courts to marginalise political activists. When we have made complaints against police assaults they were not even investigated - a breach of lawful process - admitted to by Police under cross-examination. When we have been forced to defend ourselves from unprovoked police violence (such as at the 1st and 6th Community Smoke Ins) we have ended up with more charges. |
|
In the Northern Territory 'breaking into people's homes and ransacking premises' is OK... ...if you are a member of the NT Police Force. In fact, according to the NT News one of the top ten ways you know you are a 'Territorian' is if your parrot has learnt the phrase "Open up, police!" - One defendant (Gary Meyerhoff, Coordinator of Network Against Prohibition) recently had his house invaded and ransacked by police looking for a mobile phone, laptop and a 'pink tutu' which was involved in an alleged break-in at the Darwin City Council. Of course they found none of these things - and no charges were ever laid - but they were very interested in looking through NAP's legal papers. - Another activist Mick Lambe, Coordinator of PARIAH, has had his homes invaded and either searched or ransacked, over 100 times by police. Mick's home was also invaded by armed vigilantes, who looted his home and were then acquitted by a redneck jury. Apparently in the NT 'unlawful, senseless damage to personal property' will be tolerated and even encouraged, if the victim speaks out against racism. - A person who was not associated with NAP or PARIAH, but attended the 6th Community Smoke In, had his home invaded and ransacked by police the following day. The police claimed that they were looking for a police hat which had been stolen at the Smoke In. During this home invasion, police harassed the man's family and children and threatened to arrest his wife. Eventually he was forced to say that he had taken the hat, in order to stop his family being terrorised and his wife taken into custody. According to the ALP government 'a person's home should be a place of security and privacy; that the invasion of that privacy is unacceptable to the community'… so long as they are not a drug user, a political activist, an Aboriginal person or anyone else the NT government or police oppose. |
|
Invasion? Perhaps the most offensive part of this case is being charged with 'invasion' by the illegitimate and genocidal government of the Northern Territory. We have merely tried to exercise our right to free speech and to stand up for our civil rights - against unjust laws. In comparison, the NT government
along with the Australian government has;
In fact, it has recently become obvious, that the reason for this "tough new approach" is that there is a US military base being planned for Darwin. One of the reasons cited by the US for this base is "...the separatist movements in Indonesia". This government will find it's new "Home invasion" laws very useful against any activists who protest against a US military base. The NT government is using the New York style (zero tolerance) approach, to imprison or drive out any potential opposition before the base is built - leaving the way clear, for more racism, more violence and more State-sanctioned invasions. The NT government and Police Force should be charged under section 226B, but the sentences just aren't heavy enough...
Northern
Territory Criminal Code
*** There will be more articles on the US military base proposals soon... |
|
And here's
an interesting story from today's NT News.
Home Invasion anyone? Talk about a positive spin. Imagine the consequences (and publicity) if WE behaved in this manner... |
|
Ex-cop holds family in siege By Paul Dyer
An armed former NT police officer held a family in their home during a four-hour siege yesterday. Police were called to a house in Dulverton Court in the Darwin suburb of Karama about 3am. The 38-year-old former police officer, who was visiting friends, was armed with a 40cm carving knife. He was reported to have been in a highly agitated state and is believed to have been drinking. A man and three children -- a pair of three-year-old boys and a 13-month-old girl -- were asleep in the house at the time. The man's wife called police twice. She then left the house on the advice of police. She had alerted them that the man was threatening self-harm. Acting Superintendent Del Jones said about 15 officers attended the scene, including police negotiators and members of the Territory Response Group. "There were a number of threats made,'' she said. "We were concerned for both him and other people.'' Police cordoned off the area and tried to negotiate with the armed man. Supt Jones said the siege ended when the man tried to leave the house and escape police at 7am. TRG members gave chase and apprehended him immediately. "He came out of the back of the house and he was trying to get across into a yard when the TRG people got him,'' he said. Supt Jones said the man had left the NT police force "a couple of years ago''. She said the man had been admitted to hospital for medical assessment under the Mental Health Act. There were no plans to lay criminal charges at this stage. No one was hurt and the occupants of the house are believed to have slept throughout the ordeal. Northern Territory News
|
