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Dear friends,
Today (Tuesday) started off on its usual high note: a procession to the court, and today a special treat – hearing a recording of a Martin Luther King speech, then we four walked into the courthouse to the supporters group singing (as they do every morning) “oh when the Saints, go marching in, oh when the saints go marching in…” which is very embarrassing for us, but always brings a smile to the police, the security guards and every one else in the courthouse.
But it turned out to be a hard day, it was emotional and it was frustrating - but it’s over, we’re still smiling and now the journey continues.
The day started off with Adele giving evidence in the box, as always she spoke from the heart and became emotional as she shared passionately about her motivations for going into Pine Gap. She put forward evidence about how the Nuremburg principles and their call for citizens to take action inspired her to act to stop the war machine by the incursion at Pine Gap.
I then went into the box to give evidence, and being the last of the four, it seemed that Crown Prosecutor Dembo had lost his patience.
He objected often; and in particular at the times when I was trying to share my eye-witness testimony from Iraq. He was very sensitive about this. I was the only witness not allowed to tender any documents, or photographs. Not one.
Needless to say I felt very ripped off, but I did my best to point out that my action at Pine Gap was a direct response to my experience of war in Iraq. I held up pictures of my boys at the shelter, of Baby Noura and the other children at the orphanage. I named their names and explained that these are the people I am defending.
I talked about the other influences on my action such as my faith, the tradition of non-violent direct action and the fact that I made a promise to the Iraqi people to speak the truth and it was my responsibility to do something. Later I hope we can send out transcripts of all our evidence for you to read. One of our lawyer friends is amazed at how much we have been able to bring into the courtroom about the war, some days it seemed as if it was the war, not us, that was on trial. That was the point, and one of the benefits of being unrepresented.
After evidence, Mr Dembo rose to bring on the argument of whether our defences would be allowed to go to a jury. Despite an excellent presentation by Bryan and further submissions from Adele and myself, the judge, as expected, upheld Mr Dembo’s argument.
So she will not allow the jury to consider any legal defence when they consider their verdict.
We finished off cross-examination and that was it. The judge will not allow us to call our four expert witnesses. It’s over now but for the closing addresses tomorrow. We knew the judge wanted to end this trial before Friday, and her rulings today will ensure that will happen.
During the cross-examination Mr Dembo lost his patience with everyone. He was clearly flustered by our straightforward answers and our refusal to accept that the land is owned by the Commonwealth. We stated that it belonged to the traditional owners who gave us permission to be there.
Mr Dembo lost his cool and at one stage made some crude, sarcastic remarks about Jim crying that made the whole courtroom cringe. I reckon we might have won some votes from the jury at that moment.
So… first thing tomorrow, Mr Dembo will give his closing address followed by us. I will then apply for a permanent stay of the trial, on the basis we have not able been able to have a fair trial. That means (if successful) that the trial will be put in the ‘too hard basket” and be over. We will lose that `application, but it is important to apply, (especially if we want to appeal).
So, then we have one hope left.
The jury.
Twelve human beings who have listened to what we have had to say.
It’s now up to them. It’s likely they will start deliberation mid-morning and they may reach a verdict anytime tomorrow afternoon and tomorrow night.
Please pray that they follow their conscience. For those who don’t pray: all fingers and toes crossed please!
But after saying that, our major goal is not to have a not guilty verdict, our goal is to expose Pine Gap, to draw attention to its function and to debate its role in the war.
Our goal is not to ‘win’, our goal is to stay human.
Today’s media release below
We will send news as soon as possible after we get it!!
Love Donna
Pine Gap Trial – COURT UPDATE June 12th 2007 RIGHT TO FAIR TRIAL DISMISSED BY JUDGE
The Pine Gap Four have been stripped of their defence case on the eleventh day of a landmark Australian trial. Justice Sally Thomas ruled in favour of the Crown's submission that their defences were inadmissible to the jury.
On December 9th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney entered the heart of Pine Gap to conduct a Citizen's Inspection. Attorney-General Philip Ruddock has charged the group under the previously unused Defence (Special Undertakings) Act of 1952. The act carries a sentence of up to seven years imprisonment.
The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, self-defence/defence of others) to legally justify their actions.
Ms Mulhearn explained in her evidence this morning how her actions were a product of 'defence of others'. Through a strained voice and tears, she said "When I was preparing for the action in Pine Gap, there were no abstract concepts about people far away. They were about people that I know.
"When I prepared to do the incursion in Pine Gap, I thought it was the least I could do given the magnitude of the crime I was trying to prevent. I believe my actions were reasonable and proportionate.
"Everything I had done before didn't disrupt the war process, but going into Pine Gap did. I was trying to fulfil the promise I had made to the people of Iraq to do something to stop the war."
Ms Goldie also presented evidence this morning, sharing the story of the Seeds of Hope Ploughshares, who damaged a B52 on it's way to bomb the people of East Timor in 1999. They were acquitted by a jury. She also quoted a Lancet study about civilian deaths in the Iraq war which at that time was conservatively estimated to be 100,000 people. Since then the report has been updated, and it is now estimated over 600,000 civilians have died in Iraq.
"I heard of the Nuremberg principles, and knew that it was my duty as a citizen of the world - I had to act to stop it," said Ms Goldie. She attempted to tender the Nuremberg charter to the court, but it was not allowed.
Crown prosecutor Mr Hilton Dembo QC then made submission to the court that the Pine Gap Four's defences were not admissible. Although the unrepresented defendants argued their reply eloquently, Justice Sally Thomas ruled against them, saying "No jury properly instructed should be asked to consider public policy."
This effectively leaves four unrepresented, non-violent pacifists, charged under a cold-war-era untested law, with no case to present.
The trial will resume at 10am tomorrow morning (June 13th). As the Pine Gap Four's expert witnesses will be objected to by the Crown on grounds of relevance, it is likely the day will quickly move to concluding statements by the Crown.
Supporters of the Pine Gap Four will again proceed through Todd St Mall along Shepherd St to the courthouse at 9.40am in a "Celebration and Solidarity" parade.
EVENTS & INTERVIEWS: 13 June Public Meeting: with PROF. RICHARD TANTER Professor Tanter is a professorial fellow at the Nautilus Institute at RMIT University. He has widely published on intelligence and military issues in Australia, Japan and Indonesia. He arrived in Alice Springs today to appear as an expert witness on the nature of Pine Gap but has not been granted leave to appear before the court.
Meeting Details: Wednesday 13 June, 7pm. Flynn Memorial Church Hall, Todd Mall, Alice Springs Professor Tanter is also available for media comment.
13 June, 9.40am "Celebration and Solidarity" parade by supporters from Todd St Mall to Courthouse
13 June, 9.50am – courthouse steps, Hartley St Alice Springs, Photo op with defendants (photos available of all events on request)
INTERVIEWS with defendants can be arranged with sufficient notice. Photographs of defendants also available, including portraits (individual & group) & action pics of pre-inspection demonstrations.
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