We are all feeling good, and tonight we are holding a "mock trial", to get evidence from the expert witness on Pine Gap we were not allowed to question in the trial, Professor Richard Tanter from Royal Melbourne Institue of Technology, who came all the way to Alice Springs for the trial.
Pine Gap is an NSA/CIA Base
Dear friends
Today started with our last procession to court and our last session of singing and inspirational readings in the park across the road.
We were all in good spirits when we entered court and when we arrived in the courtroom I put an application for a permanent stay of the trial (meaning the trial would be over forever) on the basis that we have not been able to have a fair trial. The judge answered no, (you can only ask!) but it was important to do it and state why because then all the points will be open to appeal, if necessary.
Then we had the closing address of Crown Prosecutor Dembo. I was a bit disappointed at how dry and dull it was. I was waiting for him to deliver a damning indictment of us, but instead he trotted out the usual lines : "you cannot take the law into your own hands"... that we should utilise the parliamentary process as a means for change,and added that our planning was "cold and calculating' and then we even had the "hide to boast about it".
Then Bryan, Jim and Adele and I gave our closing addresses. I hope to get transcripts of these soon, but in the meantime I'll summarise what I told the jury.
Firstly I thanked them for listening to us and concentrating so hard.
I told them about the interest in the case from around the world and noted that we had received messages of support that morning from six countries as well as all over Australia.
I told them I hoped and prayed I had succeeded in helping them to understand my sincerity, my motives, my convictions and my actions.
"that when peaceful protest doesn't work, further action is required. History has proven this, my faith requires this and my status as a human being demands it.
"You see, I wrote letters to MPs and the Pine Gap satellites still gathered data like a giant vacuum cleaner.
"I attended demonstrations and the information was relayed in real time to the US military.
"Millions of people around the world exercised their democratic right to protest and poured onto the streets ,
"but still, the missile co-ordinates were prepared with the help of Pine Gap and the missiles fell. And more fell, and then more.
"Everything that I did that was lawful didn't work.
"But I went to Pine Gap for a few hours and the base was shutdown and information was not relayed to Iraq and that day no missiles fell.
"Our action succeeded.
"I am asking you to find me not guilty - as other jury's around the world have done in similar cases.
"This is your right. You have the final word.
'I am asking you to decide using your conscience, as mothers, brothers, daughters husbands, fathers.
"There is one more thing I am asking you to do: consider for a moment the boots I am wearing.
"They are the hiking boots I wore at Al Shuala marketplace after it was hit by a missile. There was human flesh on the ground and puddles of blood everywhere.
"There is blood on my boots, blood from a human being that is there because of a targeting decision from Pine Gap.
"I am asking you to honour the humanity of the person whose blood is on my boots.
"I am asking that their death not be in vain.
"For the sake of their life, for the sake of Baby Noura, my boys, Ahmed, Faris, Mustafa, Seif, for the families in Baghdad in my care.
"For the sake of the truth, I ask you to exercise your right as a human being to make the decision you believe is right.
"I ask you to find me not-guilty."
That's an abridged version, but gives the gist of it....
For the rest of the afternoon the judge gave a summary of the whole case to the jury, which was very long and tedious.
Then she instructed them, that if they agreed with us or had sympathy towards us or strong feelings about the war in Iraq, and that if they agreed we should know more about Pine Gap, that was a natural human response.
Then she asked them to ignore that.
She asked them to rule on the elements of the charges, not according to their conscience, and emphasised this several times as did Mr Dembo.
So the jury were released this afternoon and required to come back at 9am tomorrow where they will get another 10mins of instruction from the judge.
Then they will go into deliberation and deliver their verdict when they have reached one unanimously.
Keep those prayers going and fingers and toes crossed that at least one member of the jury listens to their conscience.
We are all feeling good, and tonight we are holding a "mock trial", to get evidence from the expert witness on Pine Gap we were not allowed to question in the trial, Professor Richard Tanter from Royal Melbourne Institue of Technology, who came all the way to Alice Springs for the trial.
We shall send news tomorrow when we have it,
love and thanks to all,
Donna
Media release below:
Pine Gap Trial – COURT UPDATE June 13th 2007
Blood of Iraqis brought into court
Hiking boots stained with the blood of an Iraqi person were put before the jury in the final moments of the Pine Gap Four's NT Supreme Court trial today.
In her closing address, defendant Donna Mulhearn asked the jury to consider the stained hiking boots she was wearing in court. She had worn them in an Iraqi marketplace, in the aftermath of a US missile.
"Now, in this court room, there is blood on my boots. Blood of a human being, that is there because of the targeting decisions made in Pine Gap," she told the jury. "I'm asking you to honour the memory of this person's blood.. for the sake of the truth, for the sake of your humanity, I'm asking that you find me not guilty."
Defendant Jim Dowling stated that at every stage the prosecution had attempted to cover up the truth. "The Commonwealth' s hands are dripping with blood of the Iraqi people", he said.
The fate of the Pine Gap Four rests with a jury of their peers tonight following the conclusion of the Crown's case against them. Legal history will be created whatever their decision.
Attorney-General Philip Ruddock has charged the group under the virginal Defence (Special Undertakings) Act of 1952, with a sentence of up to seven years imprisonment. No legal precedent exists for this case.
On December 9th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney conducted a Citizen's Inspection at Pine Gap to spotlight the base's role in the Iraq war.
The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, defence of others etc.) to legally justify their actions, but these were ruled inadmissible by Justice Sally Thomas yesterday.
Proceedings will resume at 9am for brief comments by the Judge, and then the jury will be sent out to deliberate on the verdicts on all 14 charges.
Nine barristers and lawyers have been present for the prosecution case, while the Pine Gap Four have been unrepresented.
In her closing statement today, Ms Mulhearn stated "when peaceful protest doesn't work, further action is required. History shows this, my faith demands this, and my humanity requires it…Everything that I did that was lawful, didn't work. And then I went to Pine Gap.
For a few hours the coordinates didn't get relayed, and the missiles didn't drop."
Justice Sally Thomas summed up: "This is a case that has evoked quite a great deal of emotion. Some of you may feel quite strongly that Australia should have no part in the war in Iraq… you may feel that as members of the Australian public we should know more about what is happening in Pine Gap - having feelings of sympathy or empathy or perhaps prejudice is a normal human reaction.
"However when it comes to deliberations in this matter I have to ask you to put aside your prejudices, sympathy or empathy and use your intellect to examine the facts of the case."
Tonight the group and supporters will hold a mock trial, where expert witness Professor Richard Tanter will discuss the evidence he was not able to presen during court proceedings.
EVENTS & INTERVIEWS:
Tonight: 13 June Mock Trial: with PROF. RICHARD TANTER
Professor Tanter was due as an expert witness on the nature of Pine Gap but was not granted leave to appear. He will present his evidence tonight in a public meeting.
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.
Meeting Details
Wednesday 13 June, 7pm. Flynn Memorial Church Hall, Todd Mall, Alice Springs
Professor Tanter is also available for media comment.
INTERVIEWS with defendants can be arranged with sufficient notice. Photographs of defendants also available, including portraits (individual & group) & action pics of pre-inspection demonstrations.
For more information contact Jessica Morrison 0431 519 577
13 June, 8.30am
"Celebration and Solidarity" parade by supporters from Todd St Mall to Courthouse
13 June, 8.50am
– courthouse steps, Hartley St Alice Springs, Photo op with defendants
(photos available of all events on request)
Reflections frmo Margaret below........................
On Behalf Of Margaret Pestorius
Sent: Wednesday, 13 June 2007 2:22 PM
To: kate (at) yeti.net.au
Subject: [nonviolencenet] update Wednesday morning - don't forget the blog
Hi all, [
http://www.pinegapontrial.blogspot.com/ ]
Its Wednesday already!! a just kidding. Just had another delicious lunch
organised by the marvellous June and Elizabeth.
Bryan wants a last restaurant meal and doesn't want the jury sent out this
afternoon on the grounds that that will be it till sentencing.
Everyone else wants to get it over with. I think the Judge is with Bryan.
I had the sense I was in a film cruising around on my own this lunch time.
I saw a member of the jury reflecting in the sun and the AFP solicitor
Dave having lunch and a smoke. I could hear the music in the over dub!
some of us will be back soon. the judge says she is ready to go
immediately to sentencing after the Jury come back with a verdict. Adele
was careful what she packed this morning.
see you - back to court to hear the evidence summarised one more time
[yawn yawn] by the Judge this time. She'll tell the jury what they can't
take into account!
love margaret
----------------------------------------------------------
Wednesday morning 16th June.
The day began with Donna asking for a permanent stay of proceedings because they could not get a fair trial and any other trial would also not be fair. This was requested on 5 grounds:
1)The Defence Special Undertakings Act – which was excessive
2)The use of Public Interest Immunity to exclude particular evidence
3)The use of parliamentary privilege to exclude particular evidence
4)An objective observer would not believe they had a fair trial
5)Not being able to put their defences under 10.3 10.4 and 10.5 of the
Commonwealth Criminal Code. [extraordinary emergency; self defence and
lawful authority]
The application was refused by Her Honour Justice Sally Thomas.
Mr Dembo for the Crown then gave his closing – he outlined all the evidence again in summary. [a little boring] Peppered with statements like “they didn’t give a hoot about the law”.
He argued that they were not responsible, or respectful or cooperative.
He appealed at one stage to the patterns of white-racism making a spurious comparison with the way whites in Alice had protested the presence of Indigenous people in the city recently with a vigil and march. This is the correct way to protest he claimed.
We break now for lunch. the Judge will summarise evidence this afternoon. the Jury will probably not go out till tomorrow morning
===========================
From: Ciaron OReilly
Date: Wed, 13 Jun 2007 07:01:40 -0700 (PDT)
Subject: Pine Gap Trial - Closing Speeches & Judicial Direction - Abandon Your Humanity, Jury Advised
Photo
http://pinegap6.livejournal.com/
Related:
Pine Gap Trial Begins with Move to Put Defendants Under House Arrest!
Pine Gap is an NSA/CIA Base located near isolated Alice Springs in the Northern Territory of Australia. The base is part of the sattelite targetting used for U.S. bombings in Iraq and Adfghanistan. In December of 2005, four Christian resisters made their way into the most secure area in Australia to carry out a Citizen's Inspection www.pinegap6.org
http://www.indymedia.org.uk/en/2007/05/371741.html
Today started with our last procession to court and our last session of singing and inspirational readings in the park across the road.
We were all in good spirits when we entered court and when we arrived in the courtroom I put an application for a permanent stay of the trial (meaning the trial would be over forever) on the basis that we have not been able to have a fair trial. The judge answered no, (you can only ask!) but it was important to do it and state why because then all the points will be open to appeal, if necessary.
Then we had the closing address of Crown Prosecutor Dembo. I was a bit disappointed at how dry and dull it was. I was waiting for him to deliver a damning indictment of us, but instead he trotted out the usual lines : "you cannot take the law into your own hands"... that we should utilise the parliamentary process as a means for change,and added that our planning was "cold and calculating' and then we even had the "hide to boast about it".
Then Bryan, Jim and Adele and I gave our closing addresses. I hope to get transcripts of these soon, but in the meantime I'll summarise what I told the jury.
Firstly I thanked them for listening to us and concentrating so hard.
I told them about the interest in the case from around the world and noted that we had received messages of support that morning from six countries as well as all over Australia.
I told them I hoped and prayed I had succeeded in helping them to understand my sincerity, my motives, my convictions and my actions.
"that when peaceful protest doesn't work, further action is required. History has proven this, my faith requires this and my status as a human being demands it.
"You see, I wrote letters to MPs and the Pine Gap satellites still gathered data like a giant vacuum cleaner.
"I attended demonstrations and the information was relayed in real time to the US military.
"Millions of people around the world exercised their democratic right to protest and poured onto the streets ,
"but still, the missile co-ordinates were prepared with the help of Pine Gap and the missiles fell. And more fell, and then more.
"Everything that I did that was lawful didn't work.
"But I went to Pine Gap for a few hours and the base was shutdown and information was not relayed to Iraq and that day no missiles fell.
"Our action succeeded.
"I am asking you to find me not guilty - as other jury's around the world have done in similar cases.
"This is your right. You have the final word.
'I am asking you to decide using your conscience, as mothers, brothers, daughters husbands, fathers.
"There is one more thing I am asking you to do: consider for a moment the boots I am wearing.
"They are the hiking boots I wore at Al Shuala marketplace after it was hit by a missile. There was human flesh on the ground and puddles of blood everywhere.
"There is blood on my boots, blood from a human being that is there because of a targeting decision from Pine Gap.
"I am asking you to honour the humanity of the person whose blood is on my boots.
"I am asking that their death not be in vain.
"For the sake of their life, for the sake of Baby Noura, my boys, Ahmed, Faris, Mustafa, Seif, for the families in Baghdad in my care.
"For the sake of the truth, I ask you to exercise your right as a human being to make the decision you believe is right.
"I ask you to find me not-guilty."
That's an abridged version, but gives the gist of it....
For the rest of the afternoon the judge gave a summary of the whole case to the jury, which was very long and tedious.
Then she instructed them, that if they agreed with us or had sympathy towards us or strong feelings about the war in Iraq, and that if they agreed we should know more about Pine Gap, that was a natural human response.
Then she asked them to ignore that.
She asked them to rule on the elements of the charges, not according to their conscience, and emphasised this several times as did Mr Dembo.
So the jury were released this afternoon and required to come back at 9am tomorrow where they will get another 10mins of instruction from the judge.
Then they will go into deliberation and deliver their verdict when they have reached one unanimously.
Keep those prayers going and fingers and toes crossed that at least one member of the jury listens to their conscience.
We are all feeling good, and tonight we are holding a "mock trial", to get evidence from the expert witness on Pine Gap we were not allowed to question in the trial, Professor Richard Tanter from Royal Melbourne Institue of Technology, who came all the way to Alice Springs for the trial.
We shall send news tomorrow when we have it,
love and thanks to all,
Donna
Media release below:
Pine Gap Trial – COURT UPDATE June 13th 2007
Blood of Iraqis brought into court
Hiking boots stained with the blood of an Iraqi person were put before the jury in the final moments of the Pine Gap Four's NT Supreme Court trial today.
In her closing address, defendant Donna Mulhearn asked the jury to consider the stained hiking boots she was wearing in court. She had worn them in an Iraqi marketplace, in the aftermath of a US missile.
"Now, in this court room, there is blood on my boots. Blood of a human being, that is there because of the targeting decisions made in Pine Gap," she told the jury. "I'm asking you to honour the memory of this person's blood.. for the sake of the truth, for the sake of your humanity, I'm asking that you find me not guilty."
Defendant Jim Dowling stated that at every stage the prosecution had attempted to cover up the truth. "The Commonwealth' s hands are dripping with blood of the Iraqi people", he said.
The fate of the Pine Gap Four rests with a jury of their peers tonight following the conclusion of the Crown's case against them. Legal history will be created whatever their decision.
Attorney-General Philip Ruddock has charged the group under the virginal Defence (Special Undertakings) Act of 1952, with a sentence of up to seven years imprisonment. No legal precedent exists for this case.
On December 9th 2005 Bryan Law of Cairns, Jim Dowling and Adele Goldie of Brisbane and Donna Mulhearn of Sydney conducted a Citizen's Inspection at Pine Gap to spotlight the base's role in the Iraq war.
The defendants had planned to use sections 10.3, 10.4 and 10.5 of the Criminal Code (necessity, defence of others etc.) to legally justify their actions, but these were ruled inadmissible by Justice Sally Thomas yesterday.
Proceedings will resume at 9am for brief comments by the Judge, and then the jury will be sent out to deliberate on the verdicts on all 14 charges.
Nine barristers and lawyers have been present for the prosecution case, while the Pine Gap Four have been unrepresented.
In her closing statement today, Ms Mulhearn stated "when peaceful protest doesn't work, further action is required. History shows this, my faith demands this, and my humanity requires it…Everything that I did that was lawful, didn't work. And then I went to Pine Gap.
For a few hours the coordinates didn't get relayed, and the missiles didn't drop."
Justice Sally Thomas summed up: "This is a case that has evoked quite a great deal of emotion. Some of you may feel quite strongly that Australia should have no part in the war in Iraq… you may feel that as members of the Australian public we should know more about what is happening in Pine Gap - having feelings of sympathy or empathy or perhaps prejudice is a normal human reaction.
"However when it comes to deliberations in this matter I have to ask you to put aside your prejudices, sympathy or empathy and use your intellect to examine the facts of the case."
Tonight the group and supporters will hold a mock trial, where expert witness Professor Richard Tanter will discuss the evidence he was not able to presen during court proceedings.
EVENTS & INTERVIEWS:
Tonight: 13 June Mock Trial: with PROF. RICHARD TANTER
Professor Tanter was due as an expert witness on the nature of Pine Gap but was not granted leave to appear. He will present his evidence tonight in a public meeting.
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.
Meeting Details
Wednesday 13 June, 7pm. Flynn Memorial Church Hall, Todd Mall, Alice Springs
Professor Tanter is also available for media comment.
INTERVIEWS with defendants can be arranged with sufficient notice. Photographs of defendants also available, including portraits (individual & group) & action pics of pre-inspection demonstrations.
For more information contact Jessica Morrison 0431 519 577
13 June, 8.30am
"Celebration and Solidarity" parade by supporters from Todd St Mall to Courthouse
13 June, 8.50am
– courthouse steps, Hartley St Alice Springs, Photo op with defendants
(photos available of all events on request)
Reflections frmo Margaret below........................
On Behalf Of Margaret Pestorius
Sent: Wednesday, 13 June 2007 2:22 PM
To: kate (at) yeti.net.au
Subject: [nonviolencenet] update Wednesday morning - don't forget the blog
Hi all, [
http://www.pinegapontrial.blogspot.com/ ] Its Wednesday already!! a just kidding. Just had another delicious lunch
organised by the marvellous June and Elizabeth.
Bryan wants a last restaurant meal and doesn't want the jury sent out this
afternoon on the grounds that that will be it till sentencing.
Everyone else wants to get it over with. I think the Judge is with Bryan.
I had the sense I was in a film cruising around on my own this lunch time.
I saw a member of the jury reflecting in the sun and the AFP solicitor
Dave having lunch and a smoke. I could hear the music in the over dub!
some of us will be back soon. the judge says she is ready to go
immediately to sentencing after the Jury come back with a verdict. Adele
was careful what she packed this morning.
see you - back to court to hear the evidence summarised one more time
[yawn yawn] by the Judge this time. She'll tell the jury what they can't
take into account!
love margaret
----------------------------------------------------------
Wednesday morning 16th June.
The day began with Donna asking for a permanent stay of proceedings because they could not get a fair trial and any other trial would also not be fair. This was requested on 5 grounds:
1)The Defence Special Undertakings Act – which was excessive
2)The use of Public Interest Immunity to exclude particular evidence
3)The use of parliamentary privilege to exclude particular evidence
4)An objective observer would not believe they had a fair trial
5)Not being able to put their defences under 10.3 10.4 and 10.5 of the
Commonwealth Criminal Code. [extraordinary emergency; self defence and
lawful authority]
The application was refused by Her Honour Justice Sally Thomas.
Mr Dembo for the Crown then gave his closing – he outlined all the evidence again in summary. [a little boring] Peppered with statements like “they didn’t give a hoot about the law”.
He argued that they were not responsible, or respectful or cooperative.
He appealed at one stage to the patterns of white-racism making a spurious comparison with the way whites in Alice had protested the presence of Indigenous people in the city recently with a vigil and march. This is the correct way to protest he claimed.
We break now for lunch. the Judge will summarise evidence this afternoon. the Jury will probably not go out till tomorrow morning
===========================
From: Ciaron OReilly
Date: Wed, 13 Jun 2007 07:01:40 -0700 (PDT)
Subject: Pine Gap Trial - Closing Speeches & Judicial Direction - Abandon Your Humanity, Jury Advised
Photo
http://pinegap6.livejournal.com/ Related:
Pine Gap Trial Begins with Move to Put Defendants Under House Arrest!
Pine Gap is an NSA/CIA Base located near isolated Alice Springs in the Northern Territory of Australia. The base is part of the sattelite targetting used for U.S. bombings in Iraq and Adfghanistan. In December of 2005, four Christian resisters made their way into the most secure area in Australia to carry out a Citizen's Inspection www.pinegap6.org
http://www.indymedia.org.uk/en/2007/05/371741.html 
