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Sleep-in
at Parliament
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Friday, 20th September, 2002
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Submission to Darwin Magistrate’s Court Re:
Alleged Trespass at Parliament House. 18th - July - 2002. The members of our groups - NAP (Network Against Prohibition) and PARIAH - (People Against Racism In Aboriginal Homelands) - facing charges, wish to submit the following points. 1. The Court is reminded that we are representing ourselves and that latitude is extended to such in Court. 2. A request for the tapes of the alleged Trespass in Parliament has been rejected by Magistrate Lowndes. 3. No grounds were cited for this refusal of primary evidence to Defendants facing serious charges. 4. Our representative also made Magistrate Lowndes aware of a recent precedent involving precisely the same request for a video tape in front of Magistrate Luppino. A successful request. 5. This legal precedent was dismissed by Magistrate Lowndes as being of no consequence. 6. A viewing of the tape was arranged for our representative at Darwin Public Prosecutions. So there are no Parliamentary impediments to our actually viewing the tapes. However this is unsatisfactory for a number of reasons... 7. On an earlier occasion when submitting a complaint to Police, our representative Gary Meyerhoff was searched in the Police Station. 8. Unless this is common practice when members of the Public complain of Police brutality, such behaviour can only be seen as a misuse of Police powers. 9. The NT Police force facing complaints of Assault by our members, has a history of harassing Complainants with political affiliations. Some of whom are Defendants and/or members of NAP and PARIAH. 10. We submit http://www.country-liberal-party.com and http://www.napnt.org/ as evidence relating to such Police behaviour and would suggest our publicizing such matters, explains much of the harassment we receive from the NT Police. More details will follow… |
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11. Suffice to say, there are very cogent reasons why our people are reluctant to enter Police Stations or the Public Prosecutions, or indeed have any contact with NT Police at all, away from the Public eye. 12. These matters clearly inhibit our examination of primary evidence. Essentially they do not allow a prepared presentation of the Defence case to be mounted, using the tapes. 13. The Police tape is not original and the copies have been altered. There are four tapes of the alleged offence in Parliament, yet these tapes have been “cobbled together” as one. 14. Obviously we were requesting copies of the original tapes, not an ‘edited’ version by a Police force facing Assault charges and as already mentioned, one “attempting to intimidate and harass our members…” 15. That we have a right to copy the original tapes and view them in a venue that allows us the same advantages for examination and presentation as our Prosecutors, would seem a reasonable presumption, borne out by the precedent submitted to and rejected by Magistrate Lowndes. 16. We would remind the Court that a young female was kicked while supine by Detective Bert Hofer in Parliament and that he is facing Assault charges. The victim was also groped about the breasts by a male Security Guard. The Police are now claiming that the young female is guilty of Assault. A claim made weeks after the initial event. Once again we are unable to view the original tapes despite these new charges. 17. Until we are given a reason as to why we are not permitted to copy the original tapes and why a legal precedent was simply ignored by Magistrate Lowndes - we are unable to proceed in this matter. 18. The Defence needs these matters resolved, in order to argue or appeal the decision to with-hold primary evidence. The altered tape the Police have in their possession is not even one of the four tapes we wish to copy and view. 19. We would hope that this more detailed submission, results in the original tapes (Property of the Court) being made available for copying at a time convenient to all involved. 20. We also request that the Court explain why floppy discs of transcripts are not made available, as well as the usual prohibitively expensive documentation.
Everyone should have equal access to the means Mick Lambe Coordinator PARIAH: People Against Racism In Aboriginal Homelands On behalf of the Defendants in this matter. |
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Some interesting
quotes relating to this with-holding of evidence and 'invasion'
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Speaker... "I have said very clearly to the press that, no, the video and the audio is not available. I don't think that is something that we would want to be screened across Australia. I think its important that, if that is to be used as evidence in any legal situation, we would not want to prejudice the case by releasing that video. So there has been a very clear no on that." |
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"Unfortunately, it is another incident that we could do without. I advise members, I really believe that it is best for you to leave the Chamber. There have been all sorts of accusations made by the press on the behaviour of members as well as the protestors. In the future, I will ask you to leave the House via those exits, or those ones behind me. I don't think anyone was in a situation where they couldn't leave the House if they had so wished, but I think to avoid any confrontation and any accusations by the protestors who, I believe, will be looking at laying charges themselves, that it is incumbent upon us to do the right thing and get out. So I just ask in future, if I do suspend Sittings that you do that very quickly and that will save a lot of that anger and confrontation that occurred." |
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"It is unfortunate, it happens in all parliaments around the world, but we have to be ever alert and we received a message a few weeks ago, but somehow or other we didn't really act as strongly as we could when we got that first message." ...in response to a question from Denis Burke |
An amazing piece of revisionism from the supposedly honest NT Attorney General - "We are pressing on with this, and we are actually encouraged by the invasion today. We are saying to those people, and it was good to look them straight in the eye and see the sort of people that we are bringing these laws in to counter the interests of. They can go somewhere else, the dealers can go somewhere else, we don't want to make it easier for them here." - You'll regret that braggadocio Mr Toyne. |
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Network Against Prohibition
(NAP) NT Campaigners from the Network Against Prohibition have promised to continue the campaign for drug law reform and an end to zero tolerance policing in the Northern Territory, despite the violent episode that occurred at the community rally in Darwin on the weekend. NAP Coordinator Gary Meyerhoff described the incident as "a brutal, premeditated attack on a group of peaceful demonstrators by State sponsored thugs." NAP members are organising a number of events in the Territory, including joining the M1 march on May the 1st that will include a visit to the Justice Department. As the M1 group marches past the NT Parliament House the Network Against Prohibition will establish a "drug users embassy" in Bennett Park. NAP members will call for peace talks with the Martin Government. Gary Meyerhoff said, "the war on drugs in the Territory has got to end." The embassy will remain in place until the 8th of May when a rally will be held outside Parliament House at noon that day. NAP has joined forces with PARIAH and the 'Longgrass' Association for the 8th of May rally, ensuring a major event on the day. 'Longgrass' people, drug users and young people are the target of zero tolerance police tactics and it is essential that these groups come together to fight this oppression. PARIAH Coordinator Mick Lambe stated, "We did not fight the CLP in the courts and in the streets -- only to see the Labor Party don their 'electoral' robes". For further information see
'Longgrass' Association http://longgrass.tripod.com/
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Media
Release Media Release Media
Release
28 May - 2002
The
second community smoke-in “Smoke-up for Human Rights” will be held at
high noon on Saturday the 8th of June in Raintree Park. Organisers
are expecting hundreds of Territorians to gather in Raintree Park as
a show of support for the Network Against Prohibition and the campaign
for against the “war on drugs” in the Northern Territory. “Smoke-up
for Human Rights” will feature the highly acclaimed band
“Ecowar”. NAP Coordinator Gary Meyerhoff said that the “Smoke-up for Human Rights” would go ahead despite the community's fears that attendees may be attacked again by the Northern Territory Police. He said “NAP members hope that the members of the NT Police Service will behave themselves on June 8. We
are particularly concerned about the presence of armed police at peaceful
protests. We need an assurance from the NT Police that their members
will not wear their automatic pistols to the event.” “Smoke-up
for Human Rights” will be a monthly event aimed at building the movement
against the Martin government’s “drug house” and “asset confiscation”
legislation and the “war on drugs” in general. Mr
Meyerhoff said “Coming together to smoke Cannabis is an act of peaceful
civil disobedience. Current drug laws are bad laws and they should be
disobeyed and resisted. Smokers and non-smoking supporters will be in
solidarity with the groups who are having their human rights violated,
including drug users, the “longgrass” community, refugees and young
people. “Smoke-up
for Human Rights” will also feature a Barbecue, face-painting and other
activities for the children and adults and a 1.2 metre V8 Superjoint.
NAP members have pledged to increase the size of the V8 Superjoint by
20cm each month. Darwin stands to become the intellectual capital of
world joint rolling. NAP
and PARIAH Coordinators Mr Meyerhoff and Mr Lambe agreed, “We both hope
we get a toke this time.” For further info contact
Gary on 8942 0570 or 0415 16 2525 or Email napnt@yahoo.com Visit our website http://www.napnt.org/ Fighting to end human rights abuses in the Northern Territory of Australia. |
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