Time on his side:
big win for Napatistas
By Rob Inder-Smith
The
NT Police State
has put off the trial of parliament invader Scott
White until July next year. Although this suits Scott and the NAP crew,
it is also of benefit to the corrupt NT Labor Government, desparate to
get the Territory election out of the way before Scott's trial
commences.
The ninth activist charged with
disturbing the Northern Territory
Legislative Assembly more than two years ago, has won valuable time in
his upcoming trial in the Northern Territory Supreme Court.
Scott
White, 29, has until next July to prepare his case and summons
witnesses in what is becoming a long-running embarrassment for the
Clare Martin Labor government.
If Ms Martin was hoping White and his fellow activists, members of the
Darwin based drug law reform group Network Against Prohibition, would
simply "take their medicine and go away", nobody told Chief Justice
Brian Martin II*.
|
Scott
White
|
Brian
Martin
|
At his
recent mention before the Chief Justice in the Darwin Supreme
Court, White's original February trial date was vacated and a new date
set for July 18, 2005.
"How can your witnesses be relevant to a constitutional argument?"
Justice Martin asked White at the outset, immediately putting him on
the back foot. |
Speaking
by telephone from North West Western Australia where he is now
working, White fended off the question, then named two judges who
should not be allowed to hear the matter.
Both were biased, White said, and
named Sally Thomas, for "remarks she
made during the trial of my co-defendants", then Justice Steven Bailey
who has consistently tried to talk Scott out of proceeding with the
matter or summonsing members of parliament as witnesses.
Demonstrating
his lack of knowledge around contemporary NT politics,
Brian Martin II asked Scott "How could Clare Martin and other members
of parliament possibly be relevant witnesses in these proceedings?"
DPP sleazeball Michael Carey had to inform the Chief Justice: "They're
eyewitnesses your honour." |
Clare
Martin
|
White
intends to call dozens of witnesses, including many of those who
were forced to appear in the initial trial last year. These included
Chief Minister Clare Martin, Attorney-General Peter Toyne, and a
handful of senior cabinet ministers and opposition members.
As well, he wants drug and alcohol
experts, lawyers and fellow Napatistas to take the witness stand.
He will also summons senior NT Police
including Sergeant Andrew
Hocking, who travelled to Tasmania to extradite him from his family
home (for failing to cease to loiter) so that he could be charged.
White's extradition was seen as the
low-water mark of what is clearly a
political trial, one which could well haunt Clare Martin at next year's
NT election.
White's request for more preparation
time, as well as the fact he
expects to become a father for the first time in February, suits the NT
Police State who are set to call an election before July, however, the
new date is still seen as another victory for NAP.
White has been one of many "silent
partners" in the controversial
group's opposition to the war on drugs, and especially, Martin's
draconian "drug house laws", which were the catalyst for NAP's
formation.
While in Tasmania, the mild-mannered
former soldier with the mane of
blond hair and movie star looks has been a big contributor to NAP, once
winning the group's coveted Anna Burrows Endurance Award in absentia.
The NAP mob enter parliament
|
White was one of nine people who in
May, 2002, walked into the
legislative assembly brandishing placards and disrupting parliament as
they debated the introduction of draconian drug legislation.
Soon after, he and his partner moved to Tasmania in the face of the NT
Police harassment and intimidation of members of the network.
Five of his co-defendants – Gary Meyerhoff, Stuart Highway, Mick Lambe,
Ema Corro and Rob Inder-Smith (the author) – were found guilty of
"intentionally disturbing the Legislative Assembly while it was in
session", and were sentenced to jail terms of up to 21 months,
suspended after five. The maximum penalty for the offence is three
years jail.
|
Three more "parliament invaders" pleaded
guilty. Andrew Deacon, who
pleaded guilty in the first instance, received a good behavior bond on
appeal after an original 14-day jail sentence.
Luke Masters was sentenced to
community work and a good behavior bond
and ultimately spent 7 days in Berrimah jail. The final defendant,
Aaron Stallard Bryce was also sentenced to community work and a bond.
Aaron and Luke originally pleaded not
guilty but were pressured by the sleazy and corrupt police prosecution
at the last minute.
Gary, Stuart, Mick, Ema and the
author remain free on bail** and are going through the appeals process.
Like them, White will be representing
himself and it is expected that
his case will be more slick, professional and water-tight than was the
previous two-week magistrate's court hearing before Magistrate Dick
"The Punisher" Wallace.
Mr Wallace, who himself was under
government scrutiny for erring with a
decision to wrongfully imprison a legal aid lawyer in a previous case,
stunned the legal fraternity by handing down what was seen as a harsh
sentence for a non-violent, victimless crime.
White's decision to bypass the
magistrate's court and take his case
before a Supreme Court jury is a master tactic by a group of "backyard
Rumpoles" who are learning – and improvising - as they go along.
One thing is for sure, they are not
going to go away anytime soon.
Footnotes:
* Chief Justice
Brian Martin II recently took over from the previous
Chief Justice of the Northern Territory, also called Brian Martin.
** Gary, Rob and
Stuart were recently incarcerated in maximum security
at Berrimah jail, by mistake. They lost their liberty for 48 hours and
were released when the bungle was identified.
Relevant links:
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