Network Against Prohibition (NAP) - NT Chapter

Introduction
 
In the Northern Territory of Australia, police can signpost your home as a 'drug house' with a 1.2 metre high flourescent green sign. They can then raid the premises without a warrant whenever they want. And all of this without the need for a single criminal conviction. Just how did this happen?


In June 2001, despite widespread opposition, the NT Country Liberal Party (CLP) Government implemented the Public Order and Anti-Social Conduct Act.

The Public Order Act gave police new powers to define 'anti-social' behaviour, to order people to cease the behaviour and to arrest them if they failed to comply (young people hanging around shopping centres with skateboards were identified as a possible targets of the Act). Failure to comply with one of these police 'instructions' could land you in jail.

The Act also gave police the power to signpost houses as 'anti-social'. Once declared 'anti-social', the police could enter the house without a warrant whenever they wanted.

The Labor party, then in opposition, voted against the Public Order Act because "it wasn't harsh enough on drug users". Syd Stirling, Labor's member for Nhulunbuy, attempted to incorporate amendments to the Act aimed at people who use illicit drugs. He was unsuccessful.

In August 2001, the Labor party won the NT election. Their election platform was almost identical to that of the incumbent CLP, a zero-tolerance, law and order approach to life in the NT. This was no surprise, especially after Syd Stirling joined his supposed arch-rival, former NT Chief Minister Shane Stone, on a trip to New York to learn about zero-tolerance policing tactics.

Soon after their election, the Labor Government repealed the CLP's Public Order Act and moved to implement the draconian 'drug house' legislation as part of an overall 'tough on drugs' package that included 'asset confiscation' laws and amendments to the residential and commercial tenancies acts. The latter amendments gave landlords increased powers to evict tenants whose homes (or businesses) are declared 'drug premises' by the courts.

By March 2002 it was already clear that the new Labor Government was moving to the right of the CLP. Attorney-General Peter Toyne told ABC radio that the Government would introduce a broad raft of legislation to "tackle drug taking and drug dealing wherever it is occurring in our community."

As with the Public Order Act in 2001, the 'drug house' laws attracted much criticism. This criticism was not confined to the NT.

The Australian Injecting and Illicit Drug Users League (AIVL) described the laws as "NAZI-labelling". The legislation also came under fire from the Australian Drug Law Reform Foundation.

Locally, the Territory Users Forum (TUF) launched a campaign against the 'drug house' laws, issuing a statement outlining the reasons for their opposition to the laws. TUF held a number of public meetings which culminated in a rally outside the NT Parliament on March 7, 2002.

The NT branch of the Socialist Alliance have spoken out against the legislation and even local hoteliers have expressed concerns. Unlike the Public Order Act, the 'drug house' laws also apply to commercial premises.

In March 2002, a group of illicit drug users and human rights activists held a meeting at the Darwin Railway Sports and Social Club and formed the Network Against Prohibition (NAP) to continue the campaign against the 'drug house' laws and against the War on Drugs generally. They all shared the same concern about the attacks on the human rights of illicit drug users in the Northern Territory and beyond.

One of the people at that meeting was veteran activist and social justice campaigner Stuart Highway and he has become an active member of the Network Against Prohibition.

He was at the first NAP protest at the Justice Department, he was one of four Napatistas that handed themselves into police for "self-administration of a dangerous drug", he is a Parliament Invader and he has only missed one out of the 24 Community Smoke-Ins that the NT chapter of NAP has held in Raintree Park in Darwin City. Stuart is invaluable to the NAP community.

It is the 6th Community Smoke-In, held on October 12, 2002, that has landed Stuart in Berrimah jail. The event was a peaceful family event until members of the NT Police Service decided to intervene.

Four Napatistas, Michael Barry, Nicolette Burrows, Gary Meyerhoff and Stuart Highway were charged with criminal damage to two police vehicles.

After years of legal wrangling, a jury trial in the NT Supreme Court was set down to commence on Monday, October 17, 2005.

Due to the immense pressure they had been under over the past three years, and because they are no longer living in the Territory and can't afford to commute, Nicolette and Micky pleaded guilty to the charge, avoiding a trial and giving them the benefit of the 'discount' that you get if you plead guilty.

Gary was suffering from pneumonia after enduring another jury trial the week before, this one for a peaceful occupation of the NT Chief Minister's electorate office. (Gary was found guilty and given a 5-month suspended sentence).

This meant that Stuart faced the ordeal of a trial by jury in the NT Supreme Court on his own. (Gary will have a trial at a later date).

A jury was selected at 2pm on Monday October 17 and the trial began... but it didn't last very long.

On the morning of October 18, the Crown Prosecutor, Mr Nathan Crafti, asked Justice Trevor Riley is he could amend the indictment to fit the evidence that had been heard in court. Basically, there wasn't enough evidence to convict Stuart of the original charge which read:

"On 12 October 2002 at Darwin in the Northern Territory of Australia, unlawfully damaged property, namely Toyota Hilux NTG 815-155, the property of the NT Police."

Justice Riley allowed the indictment to be amended to add two more police cars to the indictment. Crafti claimed that three police vehicles were damaged, they just didn't have enough evidence to convict Stuart for the damage  to NTG 815-155.

Because of Section 8 of the NT Criminal Code, it didn't matter which individual Napatista caused the damage, they were all charged as one.

The jury deliberated for a very short time and returned a unanimous guilty verdict on the afternoon of October 18. Stuart was remanded in custody.

On Wednesday, October 19, Stuart was sentenced by Justice Riley along with fellow Napatistas Micky Barry and Nicolette Burrows. Nicolette and Micky received a five-month suspended sentence each but Stuart, who had pleaded not guilty and forced the state to have a jury trial was sentenced to eight months' jail, suspended after he serves three months.


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Updates


Stuart's back in M-block - 06th December 2005

45 days down, 46 to go - published 03rd December 2005

Stuart writes to Rob - published 03rd December 2005

Letter from Stuart Highway to Gary Meyerhoff - 01st December 2005

19th November 2005 - Fiona reports on visiting Stuart

17th November 2005 - The latest from Darwin Prison

16th November 2005 - Stuart faces prison charges

10th November 2005 - Stuart threatened with punishment cells

9th November 2005 - Stuart back in maximum

7th November 2005 - Stuart stressed out

Letter from Stuart Highway to Gary Meyerhoff - 31st October 2005

Abridged version of Stuart Highway’s statement before the Full Bench of the Northern Territory Supreme Court on Monday, October 31, 2005

THE REPORT TO MR. COPE - 31st October 2005

28th October 2005 (2)

28th October 2005

27th October 2005

25th October 2005


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Who is Stuart Highway?

Stuart Highway is more than just one of Australia’s most trenchant political, human rights and social justice activists.
 
He is also a gentle man, a sharp-minded polyhistor, and, to his friends’ delight, a frequently biting wit.
 
It is a formidable combination which besides making him a budding eccentric, also commands The Highwayman great respect and admiration among co-activists in the Network Against Prohibition, as well as fellow Anarchists clustered around the world.
 
The reputation has come at a price. Well-deserved though it is, Stuart has had to endure assaults by civilians and police, who have targeted him for his courageous acts of principal and defiance.
 
Stuart’s regard of - rather complete disregard and even lesser respect for – “the system”, is epitomised by his name-change, which is not the first.
 
Whatever his parents named him at birth 41 years ago is long forgotten, and it is his present moniker that seems most fitting. Besides, who could argue with his own personal boast, delivered with a knowing smile and in modest understatement every time he meets somebody new, that a (mere) “road” was named after him? [1]
 
Many of those meetings have occurred at the institution for which Stuart is probably best known – the Anarchist stall at the Nightcliff markets, which he has run almost religiously every Sunday morning for more than five years.
 
Those lucky enough to be present at the time have heard Stuart slip into the lingua franca and conduct conversations with visitors from France, Italy, Indonesia, Germany, Portugal and Spain, all with varying degrees of fluency. But it is Tetun – the native tongue of East Timor – in which Stuart is most proficient. His fondness for the Timorese – and theirs for him - stems back to 2000 when he lived and worked among them as a voluntary English tutor.

His rapport with the troubled country includes championing the fight against the Indonesian Government for its human rights abuses in neighbouring West Papua and Aceh. Among his many claims to activist fame, are prime-time news footage of him atop the Indonesian Consulate waving triumphantly and shouting “Indonesians out”.
 
His fervour and stoicism, particularly on East Timor and Indonesia, have won him legions of friends and only a handful of Territorians can boast to having a closer affinity with the people. Doubtless, his friends just to Australia’s north would have been touched by the kindness, gentility and warmth that is part of the man loved in Darwin not only by NAP, but by Filipinas, Thais, and Indigenous Australians. The latter hold a special place in Stuart’s heart, and it is no sentimental exaggeration to say that he weeps for their plight, as should all Australians.
 
One of the “gems of damnation” that pure chance turned up for Stuart came almost exactly three years ago while he was being held in custody at Berrimah Prison with co-Napatista Gary Meyerhoff. The pair had been arrested on the Saturday during the infamous Sixth Smoke-In of October, 2002, and were being held in custody before the following Monday’s court case.


As Stuart lay on his bed, he noticed something written on the bunk above him that he immediately recognised. The words were in Bahasa and said something like this:
 
“Every day I am in this place I hate Australia more.”
 
If not for Stuart’s being able to read Indonesian – he concluded that the line was the humble curse of an Indonesian fisherman – the message might have remained undiscovered.
 
When not giving an informed discourse on why the Indonesian army should leave the region immediately, Stuart is stalking the streets after dark applying NAP and-or Anarchist revolutionary stickers to bus shelters or the sacred street pole. He calls it “doing the business” and in a draft he once wrote for an unpublished Charles Darwin University website, he referred to activism generally as “doing the right thing”. In it, he implored university students and others to do the same.
 
Ironically, and to its eternal shame, the NT criminal justice system has punished him in the harshest way for consistently doing the right thing.
 
Stuart’s moonlit meanderings, for which he is renowned, once rewarded him with a Felliniesque moment. It began when an overly curious police car – the “filth’’ in Anarchistspeak – slowed down to investigate what he was up to. An officer who recognised him called out his name and began to ask one too many questions. In his zeal, he forgot to apply the handbrake and Stuart watched bemusedly as the car rolled back into the stationary vehicle behind it. The suspect made most of the diversion and dashed off into the night.
 
With no busses, he would have been left to walk the 12 or so kilometers back home – again. Walking one leg after the other is too common for The Highwayman – he strides everywhere he goes (he runs for the bus). The full Highway kit consists of lace-up combat boots, gingham shorts, “Fuck music let’s make noise” t-shirt, and button-bearing baseball cap. During the day he wears his sunnies and the backpack seldom weighs less than two kilograms. All that striding, along with a sensible diet, help explain why Stuart has been able to keep himself so fit over the years.
 
Unfortunately, being fit could not protect him from another zealous – and violent – cop, who chased him down one night and clubbed the back of his head with his police torch. Stuart fell to the ground and still bares the scar from the 1996 incident. The offending officer, constable Freson, was never charged with assault – but Stuart was able to buy a new TV and VCR with his ensuing victims of crime compensation pay-out.
 
It was not the first assault at the hands of the filth. At the Sixth Smoke-In, three big cops wrestled him to the hot bitumen road adjacent to Raintree Park, before locking him in the back of a police cage.


Last September, while protesting John Howard’s Darwin visit to the Italian Club with a group from NAP and former members of the Greens, officer Roger D’Souza sprained Stuart’s right thumb as he was being arrested and bundled into the back of a “divvy” van by a large group of uniformed thugs.
 
On another luckless night, an NT redneck jobbed him from behind while he was postering in Nightcliff.
 
Despite his travails, the never-say-dieman has remained unbroken; a dour campaigner constantly offering encouragement when spirits are low among the Napatistas.
 
An example of the cute Highway humour came not-so-long ago when one Napatista was badgering him about whether or not he should include a few postage stamps in a letter he was writing to Vicki Rosepiler.

After giving it considered thought – with Stui, there is no other kind – he delivered his verdict.
 
“Rob,” he said with another of his grins, “philately will get you nowhere.”
 
The Highway abode is a treasure trove of curios, oddities, ornaments, knick-knacks and things “radical” and anti-establishment, though the occupant would frown at such over-used adjectives. Nonetheless, they sit on every available flat surface and never accumulate dust because they are never given the chance to. The walls are festooned with posters, photos, cartoons, news articles and images whose satirical and searing social commentary cut to the heart of the subject and leave no doubt about the message. Equally unambiguous, are the logos on Stuart’s impressive wardrobe of t-shirts. Many are Anarchist and-or Class War rubrics; some are in foreign languages and feature prints of blazing police cars or the filth in riot gear. The call is universal: Rise up people. Tattered and torn, loud and obnoxious, they have made parents recoil in horror and magistrates bleat with indignation.
 
No louder nor clearer is the message than in Stuart’s punk-music video collection and mind-blowing footage of epic protest rallies throughout the world. Every riveting minute serves as a reminder of the spirit of rebellion in all its guises, and civil dissent at its most explosive. The alphabetically ordered, fingerprint-free CD collection is hard-core, underground, imported, always confronting and occasionally neighbourhood unfriendly.
 
Stui’s small one-bedroom flat, for which he’s had the foresight to pay rent at least two months in advance, is a cross between a museum and time-capsule: a bulging library of Anarchist Black Cross periodicals, journals and newspapers, with books on myriad counter-culture topics shoehorned in between. It is valuable and rare literature, reflective of diverse and prodigious reading tastes. Included are classics of anarchism as well as conventional authors, plus hundreds of back issues of The Match (US) and Le Monde (France). A copy of the smash-the-state Class War quarterly tabloid, from Britain, with its fetching death’s head masthead, is often sitting on the coffee table.
 
It is safe to say that if Melbourne’s Joe Toscano, founder and publisher of the Anarchist Age Weekly Review, ever needed a particular issue of his own incisive publication, Stuart would surely find it filed in his personal collection.

Besides all this of course, is a wide range of NAP paraphernalia and boxes of letters Stuart has received from the prisoners he corresponds with assiduously in Germany, the US and Australia.
 
Now it is Stuart who is in jail and the NT is not quite the same.
 
That he was sent there with not a word being recorded in the daily Murdoch rag, the Northern Territory News, is a new low for even that poor excuse for a newspaper, and yet another sad day in what’s left of Australian journalism.
 
Regardless of ill-informed or ignorant perceptions, the fact is Stuart Highway is a) a Darwin identity, b) a Lord Mayoral candidate, and c) a would-be member of the NT Legislative Assembly. He polled well enough in both elections to prove that his and NAP’s status is growing, against the odds, in the wider, vindictive Darwin community.



In any other city, ones that aren’t being sold out so appallingly or being held to ransom so blatantly, that would rate at least a mention in the daily paper, and on the ABC news. Here is a man who has been punished harshly because of his fortitude, pride and refusal to grovel before a Supreme Court judge.
 
Stuart will never be done justice in such abominations of the media.
 
Only history can truly judge giants like Stuart Highway.
 
 
* The other Stuart Highway stretches 2700km and links Darwin with Adelaide in South Australia, Stuart’s birth place.  




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Free Stuart Highway resources


Stuart Highway on napnt.org


Posters

Free Stuart Highway poster
 
Free Stuart Highway poster for 25th Smoke-in


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Stuart Highway campaigns for NAP
 
Stuart’s NAP blog

2005 – NAP NT election campaign
  
2004 – Stuart Highway for Lord Mayor


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Media Alerts on Stuart's incarceration
 

Time to Free Stuart Highway - 07th December 2005

Darwin Prison protest: NAP applaud prisoners - 28th October 2005

Stuart Highway jailed in Darwin – 19th October 2005
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Articles by Stuart Highway on napnt.org
 
Dealing with risk
 
Dodgy drug squad set up Granny
 
Open letter to then Opposition leader Mark Latham

Letter to NT Administrator calling for the release of Luke Masters


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Stuart Highway in the media
 

Statement from Stuart Highway
by ABC Melbourne, published on Melbourne Indymedia - 28th November 2005

Bury him in an avalanche of postcards and letters
Anarchist Age Weekly Review - 30th October 2005

Activist jailed for drug protest
Green Left Weekly - 26th October 2005

NT Government attacks freedom of speech
The Delirra - 24th October 2005

Stop press
Anarchist Age Weekly Review - 23rd October 2005

Time to ‘name and shame’ corrupt police
Anarchist Black Cross bulletin – August 2005

Right to protest attacked in Darwin
Green Left Weekly – 10th August 2005

Shame name
NT News – 10th June 2005
 
80 candidates to contest NT poll
ABC – 06th June 2005
 
Stuart talks to 3CR on his recent unlawful incarceration
3CR – 19th November 2004

Unlawful arrests of activists
Green Left Weekly – 17th November 2004

Drug law protesters allege unlawful arrest
ABC Stateline – 5th November 2004

Drug law reform activists await appeal outcome
Green Left Weekly – 8th September 2004

Stuart Highway straight up
NT News – 30th May 2004
 
Candidates for the Mayoral race
ABC Stateline – 28th May 2004
 
Calls for NT to become drug mecca
AAP – 13th May 2004

Stuart Highway for Lord Mayor – Top FM interview
Top FM – 4th May 2004

NT parliament invaders appeal conviction
ABC – 25th November 2003
 
Jail terms for house invaders
NT News  - 06th June 2003
 
Five jailed for invading assembly
The Courier Mail – 05th June 2003

Activists sentenced to jail
ABC – 05th June 2003
 
5 guilty of NT house invasion
NT News – 23rd May 2003
 
NT Chief Minister tells court she was ‘afraid’
ABC – 19th May 2003

Protesters acquitted on loitering charges
NT News - 15th August 2002

Protesters assume alias to admit to marijuana use
ABC – 12th April 2002

NT mandatory drug sentencing under fire
ABC – 12th April 2002

Court date set for protesters against drug prohibition
ABC – 4th April 2002


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Visiting Stuart


Stuart is currently classed as A2 but should be 'downgraded' to a C1 or C2 after his first few days - the class impacts on visitation rights.
 
If for some reason he is still A2 by next week he is only allowed 1 visit per week for 1 hr.
 
Once he is a C1 or C2 he can have 2 visits per week for 1 hr.
 
If you are from out of town and you wish to be given extra time with him you will need to write:

Mr Miller (Deputy Administrator)
Darwin Prison
PO Box 1407
Darwin
NT 0801
 
If you are an ex-prisoner you will need to make an application to be able to visit Stuart. Please let us know if you have trouble with this.
 
What you need to do before you visit Stuart
 

• Please coordinate your visit with NAPNT HQ as there are many people who want to visit Stuart and we don't want to mess up his visits. If you want to visit Stuart email supportingstuart (at) gmail.com;
• Whoever is coordinating the visit must book 24hrs in advance;
• You must be there at least 20 min prior to the visitation time to be 'processed';
• You must take some form of identification; and
• Remember that you may be strip-searched before being allowed to enter the prison.
  

Visit times
 
Monday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
Please note that the last visit on Monday is at 11.10 AM
 
Tuesday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
13.00 PM - 14.00 PM
14.10 PM -15.10 PM
 
 
Wednesday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
Please note that the last visit on Wednesday is at 11.10 AM
 
Thursday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
13.00 PM - 14.00 PM
14.10 PM -15.10 PM

Friday
 8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
13.00 PM - 14.00 PM
14.10 PM -15.10 PM
 
Saturday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
13.00 PM - 14.00 PM
14.10 PM -15.10 PM
 
Sunday
 
8.50 AM - 09.50 AM
10 AM-11AM
11.10 AM - 12.10 PM
13.00 PM - 14.00 PM
14.10 PM -15.10 PM
 
How many visistors are permitted?
 
4 adults and 3 children
 
Visit enquiries
 
89220111 or direct 89220139


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Writing to Stuart

Stuart Highway
Darwin Prison
PO Box 1407
Darwin
NT 0801
Australia

You can also email the NAP web team and we will print out the email and post it to Stuart for you.


It seems we can't send magazines/newspapers to Stuart or to any other prisoners for that matter. We have lodged a complaint about this to the NT Ombudsman. If anyone else has mail returned we suggest you do the same.

We have been advised by the Ombudsman that they have no jurisdiction over the policy of the Correctional Services Department to disallow any magazines or newspapers being sent to prisoners. We have also received the following email from the Department of Justice:





Keep an eye on this space for further developments.



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More Stuart Highway resources
 
Article on Class War UK website, translated into Bahasa Indonesian by Stuart

Perth Indymedia article on Stuart's incarceration (2)

Perth Indymedia article on Stuart's incarceration (1)

The Queen and Stuart Highway, Nicolette Burrows and Michael Barry - Sentencing remarks delivered by Justice Trevor Riley on Wednesday 19th October 2005

Stuart Highway on Amazing Australia

Stuey on Anarkismo.net

Use Yahoo! To search for “Stuart Highway” on napnt.org


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 What can you do to support Stuart?


If you are concerned for Stuart's welfare, you can contact the Berrimah jail on (08) 8922 0111 (+61 8 8922 0111).

The NT Administrator, Mr Ted Egan, has the authority to release Stuart from jail. If you have the time, please call him on (08) 8952 5020 (+61 8 8952 5020) or send him an email  ted (at) tedegan.com.au.
 
To send a letter to Ted snail mail:
 
Ted Egan
PO Box 1694
Alice Springs
NT 0871
Australia
 
Ted’s website can be found here.

And the official website of the NT Administrator is here.

If you do send a letter or an email to Ted, please send a copy to us:
hq (at) napnt.org

Do you think it's time you did something about the recent incarceration of NAP activist Stuart Highway and/or you are alarmed by the situation faced by the Bali Nine, Schapelle Corby, Nguyen Tuong Van, Michelle Leslie or the faceless thousands of people who are currently in prison, facing prison or even the death penalty for drug offences?

If you have had enough of drug prohibition there is heaps you can do. Stuart Highway would want you to get involved in the campaign on whatever level you can!

The following are some suggestions for people who want to support Stuart and help end the War on Drugs:

• start a NAP chapter in your community. Contact us to find out how;
• download and distribute our Free Stuart Highway posters;
• tell your friends, family members, schoolmates and work colleagues about Stuart Highway and the War on Drugs in general;
  
• if you are in Australia you can email, write or phone your local member of the Commonwealth Parliament. Northern Territory residents should also engage with the Northern Territory Parliament. If they ignore you, find a better way to get your message across to them (if you are overseas consider writing to your own politicians);
• express your concerns about Stuart's incarceration and the War on Drugs on talkback radio;
• write letters to the editors of newspapers and other publications;
• graffiti your local neighbourhood with slogans like "Free Stuart Highway", "Save the Bali Nine", "Free Schapelle", "End military ties with Indonesia" and "End the War on Drugs";
• support NAP community smoke-ins and other events;
• help organise civil disobedience activities;
• if you are in the Top End of Australia, come along to NAP court cases to show your support for the other Napatistas;
  
• if you are in Alice Springs, you may want to establish a Central Australian chapter of the NAP (If you live in Palmerston you will be pleased to know that a NAP collective is forming in your area!);
  
• join our email list so you can keep up to date with any developments in the Stuart Highway case and the War on Drugs (once you sign up as a member of our email list you can join us in our chatroom);
  
• inform the NAP about your efforts;
• tell your story… if you are the victim of the War on Drugs, write it up and publish the story where you can (send it to the NAP so we can put it on our website);
• if you are a member of an Australian trade union, express your concerns about the incarceration of Stuart Highway and the War on Drugs to your union executive and fellow members... demand that your union take some action;
  
• if you have a website, link to http://www.napnt.org;
  
• make a donation to NAP to help us keep this website online and maintain our activities on the ground in the Northern Territory and beyond. We receive no government or corporate funding and rely entirely on raising funds from within our own community. Many NAP members are permanent part-time volunteers engaging in a wide variety of activities;
  
• write to Stuart Highway and other political prisoners of the drug war; and
• for more ideas on what you can do to end the War on Drugs click here.
  

If you want to get involved in the NAP campaign to Free Stuart Highway and end the War on Drugs, please email us or call 0415 16 2525 (+61 415 16 2525 from overseas).

We encourage anyone with an interest in drug law-reform and human rights to join us at one of our regular NAP meetings. Our meetings are on every second Wednesday at 7pm. Click here for the date of our next meeting or ring the NAP mobile.
 

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