THE QUEEN VERSUS THE PINE GAP 4 - DAY ONE
Trial – Day 1 Tuesday October 3rd
Today represented the first stage of the trial of the Pine Gap 4, which consisted of legal argument surrounding the the Prosecution's use of the Defence Special Undertakings Act.
There were about 30 people (both locals and interstate visitors) who formed a colourful procession through Todd Street mall to the court. The spirit of the peace march to the courthouse was powerful and with Jim, Donna, Adele and Bryan leading the procession, we are all reminded of their strength and the need for solidarity. Our silence reflected the solemnity of the reason we’re all here, and our need to draw from inner convictions before acting.
Several camera crews met us at the court house – and although most of them were not in Blue uniforms, we knew they were from the Aust Federal police. I do wonder how many photos they need of us! They had already taken several when we arrived at the airport earlier in the day. Bryan shared some words with the crowd outside the court, listing all the lies our Governments told us leading about the Iraq war and reminding us of why we have all traveled so far to be here. Dave, a local Catholic man shared a prayer of blessing for the trial and for strength and that both sides would hold to their integrity and share their truth.
Inside the court room we were confronted by all the wigs and gowns, worn on both sides, reminding us that it was a Supreme Court hearing, and the seriousness of the charges. Northern Territory police flanked the defendants on both sides, and many other police and Protective Services staff were sitting in the room. What ensued was three hours of complex legal argument which stretched every one of our tired brains to follow the complexities of the legal wrangling.
Court Argument The crux of the submission by our defence was that the Crown had not proved that Pine Gap defends the interests of the Commonwealth and therefore the defendants should be acquitted of the charges under the Defence (Special Undertakings) Act (DSU Act). Our Counsel, Rowena Orr, appeared by videolink from Melbourne and was outstanding in her grasp of the complexities of these issues.
From Rowena we heard that the DSU Act limits a fundamental right of freedom, and therefore there must be very stringent tests applied this law. The Crown on the other hand argued that the land is ‘private’ and therefore private property rights are paramount. A heckler in the court loudly whispered that it is Anangu land, and all this talk of private property was ridiculous.
The Accused return to court on Thursday to try to drag information out of the Crown, and to fight their suppression order. They will then return again on Thursday 12th in regard to today’s matters. The judge will either deliver a decision next Thursday or give a date when this will happen.
Reflections The sense of yearning felt by Tracey, a supporter from Queensland, that ignorance of the general public of the threat that lies right on their doorstep is astounding. Also, the need to bring positive energy and encouragement to the four defendants is vital, since their willingness to act begs for the support and solidarity from other Christians. Alice Spring is a small town in the heart of Australia, my feelings are to stop the terrorism in our heartland.
Jo, a supporter who arrived from Sydney on Monday is excited to be here as history is made – he is convinced of the significance of this legal process. Personally he regards the trip as part of his own pilgrimage.
The most significant thing for Jessica today was sitting in court next to the head of security at Pine Gap. Being in close body contact was a constant reminder for me of our shared humanity. We both had reminder notes written on our hands, were trying to capture the crux of the court proceedings, and follow the process. Our legal system is an adversarial one, and invites us to divide into “them” and “us” – our challenge is to know that we have no enemies.
During the earlier procession reactions from the passer-bys varied. One woman mouthed the worlds “blessings to you” as she walked past. Another man heckled us all with “thank God for the Gap”. Some Christians conducting a play for what appeared to be evangelical purposes were overheard to say “they should just be preaching Jesus” – ironic because that’s exactly what we felt we were doing.
The next court appearance is this Thursday Oct 5th. More news soon!