Darwin burns - As Drug Rioters and NT Police Clash

The 18th Community Smoke-In for Human Rights, a drug law-reform protest staged by the Network Against Prohibition, proceeded as planned on July 10, 2004, without any hitches.

NAP had feared police violence because of Darwin City Council's refusal to issue a permit for the event. After receiving "advice" from the Northern Territory Police, DCC's Community Safety Committee recommended that council not issue a permit. NAP was not consulted in what was an arbitrary and provocative decision.

We only apply for permits to ensure that Raintree Park is not double-booked. NAP's attitude is that it does not require permission to hold these peaceful protests. Any organisation trying to impose restrictions - ie, muzzle what might be construed as dissenting voices - poses a major threat to the supposed democracy we live in.

NAP is of the opinion that our "democracy" is illusory. The two-party parliamentary monsters otherwise known as the Australian governments, ensure that big business and a few privileged families thrive and survive, while the rest of us - as well as the working poor - slowly starve to death on low wages and Centrelink benefits. And while it is true that poverty is relative, organisations such as the Australian Council for Social Services can attest that more and more Aussies are only scraping by each week and falling deeper into debt.

Undeterred, NAP members continued the campaign against the drug house laws. At the traditional mayday march, they refused to march in the parade because it was being led by Chief Minister Clare Martin and her cronies. After the march, we circulated a petition calling for the scrapping of the drug house laws and the introduction of the full range of pharmacotherapies for "drug-dependent" people. In a moment of breathtaking arrogance and contempt for the democracy he bolsters up, Deputy Chief Minister Syd Stirling snatched the document - an official means of the people to communicate with their elected representatives - from a man who was about to sign it, and scribbled an obscenity over the bottom of it. His appalling behaviour rendered the petition useless.

NAP went through the channels to have Stirling sanctioned in some way - just as it tried to have Attorney General Peter Toyne charged with contempt for his comments to ABC radio while a court case was in progress. But it seems that Stirling and Toyne are above the law, because neither was penalised the way any other citizen committing the same offences would have been. During questioning in one of our court cases, Mr Stirling said that he thought that what he did was "appropriate for a minister to do".

In such a climate, it quickly became obvious to NAP that the NT Police State was not going to listen to its concerns about crazy, inhumane laws. We decided to intensify our campaign by attending parliament to hear the debate on the drug house legislation. By chance, the fools left the door to the chamber of the Legislative Assembly open and nine of us were able to saunter in and challenge our elected representatives directly.

Not to be thwarted, the government launched a frenzied attack on suspected illicit drug-users. In classic fascist, might-is-right fashion, the size of the drug squad was doubled from 20 to 40 officers, who promptly set up a paramilitary taskforce to target what they deemed to be drug houses. At the same time, they closed Darwin's only drug detoxification centre and started to attack doctors who were prescribing opiate-based drugs.

One doctor in particular, Henry Pang, was scapegoated and his 50 opiate-dependent patients, most of whom were suffering from chronic pain, lost their access to the medication they needed. No other doctors would take them on for fear of also being targeted by the NT Government's health board.

In response to the attack on Dr Pang - who in court gave NAP a glowing "character reference" - we occupied the office of the Chief Health Officer in Health Department headquarters. We remained in the office for about 15 minutes waiting to speak to the CHO or a department representative. We caused no damage and were non-threatening (except perhaps for the activist dressed as the grim reaper).

On August 1, 2002, the day the drug house laws came into force, we barricaded ourselves inside the electorate office of the NT Chief Minister. This was another peaceful protest aimed at highlighting the folly of the government's drug policy. For these two peaceful occupations, we were charged with business invasion, a new offence implemented by Labor, which has a maximum penalty of seven years' jail. We have the dubious distinction of being not only the first, but also the second (people) ever charged with this offence in the NT. We beat the charge for the CHO's office, but were found guilty of trespass. We unsuccessfully appealed the finding to the full bench of the NT Supreme Court and await trial by jury in the NT Supreme Court for the second (Martin) occupation.

For the duration, NAP people have been busy promoting smoke-ins and ''spreading the word''. Darwin, Palmerston and the rural area have at various times been festooned with all sorts of weird and wonderful posters promoting the smoke-ins and explaining the pressing need for drug law-reform. Within 12 months, NAP members had been charged 33 times for criminal damage for sticking up posters. We had three or four court hearings, unrepresented, and beat the bastards every time. One of us was charged with bill-pasting under DCC bylaws, which we regard as yet another attack on free speech that will be tackled head on - by sticking up more posters, by encouraging more drug law-reform graffiti and by taking them on in the magistrate's court and the Local Government Review Tribunal.

The madness escalated in September, 2002, when we became the first people in Australia to be charged with "intentionally disturbing the legislative assembly while it (is) in session". On the advice of the director of the NT Legal Aid (sic) Commission, one person pleaded guilty and was promptly sentenced to two weeks' which on appeal, was reduced to a good behaviour bond. Of the eight remaining invaders, one moved to Tasmania and seven pleaded not guilty and proceeded to represent themselves in a mammoth hearing in the Darwin Magistrate's Court.

By October that year, we were under a massive amount of pressure with ongoing police harassment and an onslaught of politically motivated charges. The attacks had one aim - to silence opposition to drug prohibition in the Territory. Things became ugly, nasty and brutal at our sixth smoke-in, on October 12.

While the Sari nightclub in Bali was about to serve its last drinks, NT cops proved their own propensity for sensless violence by first, grounding the face of a young woman into the grass before arresting her, and then inciting the crowd that had gathered to enjoy a peaceful protest.

In the ensuing pandemonium, four cop cars were seriously damaged and six more NAP members were arrested, with a seventh charged by summons six weeks later. An eighth person was also charged with stealing a policeman's hat. As Bali burned, two Napsters were cooling their heels for a couple of days in Berrimah, because Magistrate Daynor Trigg had refused them bail. A couple of people have been found guilty of hindering police, with one sentenced to a three-month suspended jail term. Others await trial by jury in the Supreme Court - unrepresented.

While the dust was still settling from the sixth smoke-in, DCC refused to issue a permit for the seventh. Our members met with council, the police, even the Lord Mayor Peter Adamson, but all to no avail. Despite the threat of another police attack the show went on. In a comical attempt to intimidate them, police surrounded Rob Inder-Smith, the MC for the day, and veteran activist and Darwin legend Col Friel, who was a guest speaker. But after 10 minutes, they realised how ridiculous they looked and withdrew.

Since then, it has been business as usual for all parties, with smoke-ins being pulled back to every second month. But it is the last time we shall be seeking a permit from DCC. We intend merely to inform council of our rallies, and will ensure that the lovely Raintree Park is not double-booked.

As for the "parliamentary invasion", two people pulled out of the hearing, changing their pleas under pressure from the prosecution to guilty. One of them, Luke Masters, served 14 days in Berrimah Jail - so much for showing ''remorse'', which is another falacy doing the rounds. This is the one that requires we the ''transgressors'' show contrition - ie grovel - before the magistrate, apologising profusely for our - or anybody's - ill-conceived and misguided behaviour. The other man, Aaron Stallard-Bryce, was given a massive amount of community work and still faces jail if he doesn't complete it.

The five invaders sticking to their guns make no secret of their desire to force the bastards to dig deep into their bag of dirty tricks - the ones the public seldom if ever gets to see and-or hear about. If nothing, NAP is doing commendably well in exposing all the "dodgy brothers" and fundamentally inept, unprofessional and generally pathetic behaviour that is laughingly called democracy's criminal justice system at work.

We intend to continue to punish them, as we did by successfully summonsing a roll-call of the NT's most senior politicians, including the Attorney General, Chief Minister and Police Minister, into the witness dock. In any man's language, that is no mean feat.

Certainly, we are now facing jail terms, suspended after periods of four and five months. We are currently free on bail and will continue to represent ourselves through the appeal process.

The final invader, Scott White, is well acquainted with the dirty tricks at play. After the LA job, Scott went to Tasmania for better employment prospects, and found himself being extradited back to face the music. Police came a'knocking at his new home, slipped him in handcuffs, and put him on a Qantas flight to Melbourne, where he spent a night in the airport cells before continuing on his journey, still handcuffed, back to Darwin. He is taking the bastards head-on, electing to have the matter heard before a Supreme Court jury. If politicians thought the first LA hearing was a show-trial, they are in for a shock when nearly 20 of them are summonsed once more to appear in the Supreme Court.

We started fighting the war on drugs in the NT and by extension, that battle now encompasses free speech. We will continue the struggle and try to mobilise our brothers and sisters. If every person who uses illicit drugs got out on the streets tomorrow and demanded an end to drug prohibition, it would be stopped. The stigma and discrimination associated with substance use prevents most people who use drugs from standing up and being counted. The threat of incarceration or losing your children or your home just because you are a drug user is very real and that is where people must ask themselves how far they are prepared to go to protect their rights.

The media is an entirely different proposition. Suffice to say, the War on Drugs is killing our children, and if that's not news-worthy, we are doomed.

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The Community Smoke-ins are regular protest events where members of the community openly smoke cannabis in defiance of the NT Government’s ‘drug house’ legislation and the war on drugs in general.

Network Against Prohibition (NAP) spokesperson Gary Meyerhoff said that one of the reasons the network oppose drug prohibition is because it is used by the United States to dictate foreign policy and flex their muscle.

Mr Meyerhoff said “The US led war on drugs has been running longer than the war on terror and longer than the war on Iraq and it has claimed more lives than those wars combined. It has nothing to do with the physical effects of drugs on our bodies and everything to do with the expansionism of the United States of America.”

“Even if they don’t bash people in drunken brawls, don’t sexually assault women and young people and look after the environment, we oppose the presence of US troops and equipment in the NT because the US military machine continues to wreak social, economic and environmental havoc on a global scale.”

Colombia is the home of an unknown front in the war on drugs; the aerial spraying of coca crops and other vegetation across parts of the country. Monsanto, the same company who produced Agent Orange have won the contract from the US Government to provide defoliant chemicals for the purpose of spraying alleged coca crops. They are only spraying in rebel held areas.

However some NAP members have stated that the presence of a US base may not be all bad news.

NAP member Michael Barry said “It will mean an improvement in the quality, quantity and variety of drugs available in the Northern Territory.”

Drug users have expressed concern that a US Base is being established in the NT without a massive expansion of drug detoxification, treatment and rehabilitation services which are already unable to meet demand. NAP are urging the NT Government to double the funding for drug treatment and education programs before contemplating the presence of large numbers of US troops in the NT.

The smoke-in will go ahead tomorrow despite the refusal by the Darwin City Council to issue a permit for the event.

Event organisers have vowed that the event will go ahead on Saturday despite the refusal of Darwin City Council to issue a permit. An appeal has been lodged with the Local Government Review Tribunal however it is not expected that the appeal will be heard before Saturday.

The Community Smoke-Ins, held regularly in Darwin's Raintree Park, form part of the Darwin communities ongoing struggle against the Northern Territory Labor Government's 'drug house' legislation which allows police to place a 1.2 metre high flourescent green sign on the front fence of a house or business.

Once a house or business is sign-posted, police can raid the premises without a warrant whenever they like, they can conduct cavity searches on anyone on the premises and stop, question and issue restraining orders to anyone within 200 metres of the sign. No charges need to be laid and police do not need a conviction to declare a house a 'drug premises'.

Police attacked peaceful protesters at the first Community Smoke-In held in April 2002. Two activists were injured and five arrested.

Police attacked again in October 2002 provoking a mini-riot in Darwin's Smith Street Mall. Four police vehicles were damaged in the mayhem and NAP activists still face a trial for criminal damage charges later this year.

NAP spokesperson Michael Barry said "We have conducted seventeen Community Smoke-Ins since April 2002 and we have only had trouble at two of them. If police stay away we can guarantee that there will be no trouble."

"We are concerned that Council's refusal to issue a permit for our regular drug law reform event paves the way for unnecessary and unwelcome police interventions on Saturday. The police have a vested interest in drug prohibition and the 'drug house' laws and they have always been keen to stomp on NAP's drug law reform activities whenever they have the opportunity."

"Council's refusal is politically motivated and aimed at silencing vocal dissent over drug prohibition."

NAP members are on edge after a police raid on the home of NAP Coordinator Gary Meyerhoff this morning. Meyerhoff has been issued with a Cannabis Infringement Notice.

This month's Community Smoke-In has a Christmas in July theme and Santa will be taking time out from his workshop in the North Pole to support drug law reform in the Top End of Australia.

Gary Meyerhoff - NAP Media Facilitator - 0415 16 2525 from overseas +61 415 16 2525

Darwin City Council - Chief Executive Officer - (08) 8930 0505 from overseas +61 8 8930 0505

4th July 2004

In reply please quote: santa666

Sam Kolpondinos
Darwin City Council
Civic Square
Harry Chan Avenue
Darwin NT 0800

Re: 18th Community Smoke-in for Human Rights

Dear Sam

Please accept this letter as a formal application for a permit for the 18th Community Smoke-in for Human Rights to be held in Raintree Park, this Saturday the 10th of July. I believe that I have already had this event pencilled into your diary and this letter confirms our request for a permit.

We agree to abide by the conditions of the permit and to remove all rubbish from the area at the end of the event.

This smoke-in will be a special event as we have a Christmas in July theme and Santa is taking time out from his workshop at the North Pole to attend the smoke-in and show his support for drug law reform. As we expect the smoke-in will be longer than usual this month, can we please have the permit until 4pm, rather than the usual 2pm?

The NAP contact for this month’s smoke-in will be Robert Inder-Smith. If you have any queries, please contact Rob on 8985 6334 or myself on mobile 0415162525. You can also email us via napnt (a) bigpond.net.au .

Can you please ensure that Raintree Park has not been double booked by Darwin City Promotions?

Yours truly,

In reply please quote 438434

5 July 2004

Mr Gary Meyerhoff
Network Against Prohibition
PO Box 701
PARAP NT 0804

Dear Mr Meyerhoff

Community Event Permit Application - Network Against Prohibition - 10th July 2004

Council acknowledges receipt of your application to conduct an event within Raintree Park on Saturday 10th July 2004.

You are advised that consent is denied on the grounds of your organisation’s non-compliance with the conditions of approval at a previous event conducted on the 8th May 2004.

Yours sincerely

JOHN BANKS
DIRECTOR COMMUNITY SERVICES

5th July 2004

John Banks
Community Services Manager
Darwin City Council
Civic Square
Harry Chan Avenue
Darwin NT 0800

Re: Your reference 438434

Dear John

I am in receipt of your letter dated 5th July 2004 denying our organisation a permit for our 18th Community Smoke-in for Human Rights that will be held this Saturday the 10th of July.

First of all, can you please explain in writing which conditions of approval we did not comply with at out previous smoke-in held on the 8th of May?

Second, can you please explain why the Darwin City Council seems intent on another ugly confrontation in Raintree Park during the busiest part of the year for tourists?

The event will take place, in Raintree Park with or without a permit. We have only ever applied for permits as a courtesy and as far as our organisation and its members are concerned, we do not require a permit for a peaceful protest. Surely we do not live in a police state.

Please reconsider our application for a permit.

Also John, I wrote to you on the 21st of June asking you to explain why I have been refused a permit to affix handbills to poles?

What further information do you require that would assist me to obtain a permit?

I also asked if you could tell me if the Darwin City Council has ever issued a permit to a person or organisation to affix handbills to poles? Can you also tell me the number of prosecutions by Council in regards to breaches of Section 97 of the By-Laws?

Can you please answer my questions.

I await your reply with anticipation.

Yours truly,

Gary Meyerhoff
Spokesperson

7 July 2004

Mr. Gary Meyerhoff
PO Box 701
Parap NT 0804

Dear Mr. Meyerhoff

In reply to you letter of 5 July 2004 it is confirmed that your application to conduct an event within Raintree Park on Saturday 10 July is denied on the basis of your organisations non-compliance with the conditions of permit for previous events.

The following breaches of conditions were noted at the event on 8 May 2004.

The participants failed to comply with the allocated times of the permit (11am to 2pm), not commencing until approximately 11:50am and not turning off the PA system until approximately 3:45pm.

Darwin City Council electricity was used to power a PA system made up of a microphone, amplifier and several speakers. The permit gives permission to access power to hold a free barbecue, not run a PA system.

Organisers did not ensure that participants complied with all Territory and Commonwealth Legislation.

Nothing was removed from the site by 2:30pm on 8 May 2004, and it took oganisers until nearly 4pm to remove all props and rubbish from the site.

Other breaches were also recorded.

Yours sincerely,

JOHN BANKS
DIRECTOR
COMMUNITY SERVICES

John Banks
Director
Community Services
Darwin City Council
Civic Centre
Harry Chan Avenue
Darwin NT 0801

Re: Your reference 330848 - Permit Application for 18th Community Smoke-in

Dear John

Please accept this letter as a further request for you to reconsider our application for a community event to be held in Raintree Park this Saturday.

In response to your later dated 7th July 2004:

Failure to comply with allocated times of permit

NAP have held 17 community smoke-ins in Raintree Park since April 2002. All of these events have commenced at around 12 noon and they run until 4 pm. At some stage, council varied the times on the permit to 11am to 2pm despite our protests. Council staff have turned a blind eye to the fact that we have continued to hold our events at the usual time 12noon to 4pm. This would not be a problem if Council would issue a permit from 12noon to 4pm but for some reason you choose not to.

Darwin City Council electricity used

We have used the electricity from the power box in Raintree Park for 16 out 17 smoke-ins. Use of the electricity is always discussed prior to the event with council staff. Previously we obtained the key from Darwin City Promotions but on this occasion we obtained the key from Darwin City Council staff the day before the smoke-in.

Breaches of Summary Offences Act and Misuse of Drugs Act

Nobody was arrested or charged for breaches of the above act. Nobody was questioned or challenged by police with regards to breaches of the act. The only people who breached any law were the NT Police themselves, who invaded our privacy by filming the event.

Participants distributed pamphlets, papers and handbills

As always at our community smoke-ins, various community groups attend with information stalls, generally health information for drug users. The resources on these stalls are not handed out to passers by, they are only for the participants of the smoke-in. This has never been a problem at our previous 17 smoke-ins, why is it a problem now.

Nothing was removed from the site by 2.30pm

As I stated in the first point, the smoke-ins generally run until 4pm. As you not in your letter, the park was clear of all props and rubbish by 4pm.

Other breaches were also recorded

What are these "other" breaches?

John, please accept this letter as notification that the event will proceed this Saturday at 12noon whether or not you choose to give us a permit.

Darwin City Council must take full responsibility for any injuries or damage that results from police violence in Raintree Park.

Please respond to this letter ASAP to inform us whether or not you will be issuing a permit and to explain the other breaches that you referred to in your letter.

I also note that I have still not received an explanation from you as to why I cannot have a permit to paste bills.

I await your reply with anticipation.

Yours truly,

Gary Meyerhoff
Spokesperson

Lodged Thursday 8th July 2004

7th July 2004

The Registrar
Local Government Review Tribunal
Nichols Place
Cavenagh Street
Darwin NT 0800

Re: Appeal against Darwin City Council

Dear Sir or Madam:

Please accept this letter as notification of an appeal pursuant to section 237 of the Local Government Act against a decision by the Darwin City Council to not issue a permit to the Network Against Prohibition to hold a community event in Raintree Park on Saturday the 10th of July.

Ground 2: Allegations that we have breached previous permit conditions are based on mistake of fact and on the arbitrary time limit on the event set by Darwin City Council.

Ground 3: The permit conditions breach the implied right to Freedom of Political Communication in the Australian constitution.

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Disquiet on the Northern Front: battle for drug law reform and free speech rages in Australia's outback Darwin Burns - As Drug Rioters and NT Police Clash	NAP write to Darwin City Council about the permit Drug Users oppose US troops but maybe it's not all bad news	Don't bash us on Saturday - Darwin drug law reform activists concerned for their safety NAP lodge an Appeal with the Local Government Review Tribunal

NAP homepage	Latest NAPNT news	Latest NT drug news	About NAP	Current campaign	Media alerts
Events	NAP in the media	Health info for drug users	Images	Search napnt.org	Site map
Contact NAP	NAP email list	Articles	Donate	Links	Retractable syringes