Friday, October 13th
PINE GAP SECRECY LOCKED IN PLACE
It felt as if the judges and politicians were in collaboration when we heard the court’s decision on Thursday, a decision which sided with the Government’s desire to keep Pine Gap all spooky and secret and out of the way of any public scrutiny.
The report below is a brief summary of what happened.
It puts us back to square one, but we appear in court again on November 8 (by phone) for more pre-trial argument and to continue our questioning of the use of the Defence (Special Undertakings) Act 1952 which is has taken away the right to criticise without intimidation.
After an amazing couple of weeks we are all heading home, but look forward to the next stage of the journey!
Your Pilgrim
Donna
The veil of secrecy that’s covered Pine Gap spy base the last 40 years was further tightened Thursday in a ruling of the Northern Territory Supreme Court that protects the Government from having to disclose the base’s activities.
The barrister for four peace activists charged with entering Pine Gap argued last week that the Government should have to prove that the base is necessary for the defence of Australia, and therefore a prohibited area, before the Defence (Special Undertakings) Act 1952 can be used.
But in handing down her decision Justice Thomas said it is enough for the minister to simply say the base is necessary for the defence of Australia without having to actually prove why it is.
In a legal first, the four defendents, Jim Dowling, Bryan Law, Adele Goldie and Donna Mulhearn are charged under the Defence (Special Undertakings) Act 1952 which carries a maximum of seven years in prison for trespass. It is a decision of the Attorney General of the day to prosecute under the act.
The group conducted a “Citizen’s Inspection” of Pine Gap military base last year, managing to breach the security of the top-secret facility, scale a building, unfurl banners and take photographs.
One of the defendants, Donna Mulhearn, said the decision is a disturbing indication of the lack of separation of powers in Australia. “It is the right of the community to place Pine Gap and its activities under scrutiny,” she said.
“This cold-war era act is specifically designed to deter any criticism or public examination of Pine Gap and other US defence installations.
“It was a decision of the current Government to use this act in order to protect itself from accountability.
“All Australians should be concerned that our right to know what goes on for the ‘defence’ of Australia is being withheld from them.”
In continuing pre-trial argument the case will be heard for mention on November 8 when the defence will indicate if it has further challenges to the use of the act. A date for trial is yet to be set.
ABC news report:
http://www.abc.net.au/news/newsitems/200610/s1763691.htm
Judge backs Govt over Pine Gap break-in
A judge in Alice Springs has ruled the Federal Government does not need to prove that an area is necessary for Australia's defence, in order to declare it a prohibited area.
The lawyer for four people charged with breaking into Pine Gap, outside of Alice Springs, had earlier argued her clients should be acquitted of charges of entering a prohibited area.
She said the law required the prosecution to prove Pine Gap is a prohibited area that is necessary for the defence of Australia.
Justice Sally Thomas today ruled in favour of the prosecution.
She said a minister is able to declare an area as a prohibited one if it is considered necessary.
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