PINE GAP SPYBASE “INVADERS” ACQUITTED - Huge Defeat For The Covert State

Peace Researcher 36 – August 2008

- Murray Horton

Peace Researcher 33 reported in detail the December 2005 protest action at Pine Gap by the Australian group Christians Against All Terrorism (November 2006, “Aussie Activists Occupy Top Secret Pine Gap Spy Base: First To Ever Face Draconian Charges”, by Murray Horton, which can be read online at http://www.converge.org.nz/abc/pr33-137b.html). Donna Mulhearn, Jim Dowling, Adele Goldie and Bryan Law made a non-violent Citizens’ Inspection right into the base, getting very near to the buildings in the inner sanctum (they reached the technical support area, the first protesters to ever do so, even climbing onto the roof of one building, before being arrested). The Federal Government decided to throw the book at them, making the Pine Gap Four the first people to ever be charged under the 1952 Defence (Special Undertakings) Act, a process which required the approval of the Attorney-General. They each faced up to seven years in prison and/or a fine of $A46,200.

The groundbreaking case came to trial in Alice Springs in May and June 2007. The Crown tried to have all four held in a kind of house arrest during the trial to prevent them undertaking any further protests at Pine Gap while they were in town. The judge dismissed that application, remanding them on bail (there were protests at Pine Gap during the trial, including some token outer fence climbing. No further charges were laid against anyone). All four represented themselves and the judge allowed them to introduce evidence about the function and purpose of the spybase (over the objections of the prosecution. By contrast, the last time there was a Waihopai spybase protest trial – Blenheim, 1997 – the judge refused to allow any such evidence about Waihopai’s function, dismissing it all as “hearsay”, and confined the hearing entirely to the charge of trespass faced by the 20 defendants, who were all convicted).

Not surprisingly the jury didn’t take long to convict all four (they certainly didn’t deny doing it, and had gone out of their way to be arrested inside the base). They fully expected to go to prison and the prosecution asked for them to be jailed, submitting that their action was one of “striking at the heart of the national security and the national interest” (Daily Telegraph, 15/6/07; “Pine Gap protesters avoid jail”, Jonathan Dart). But Justice Sally Thomas was not prepared to play ball with the Government, saying that the maximum penalties were severe, considering that hundreds of people had been tried in lower courts for Pine Gap protests over the decades and none of them had been jailed.

She fined the Pine Gap Four a total of $A3,250 and ordered them to pay a total of $A10,075.89 for damaging the fences (namely by cutting them, to get in). The judge pointed out that this was the first time anyone had been sentenced in Australia under this Cold War relic of a law and that it would set a precedent for future cases arising from Pine Gap protests. Both sides appealed – the prosecution to increase the “manifestly inadequate” sentences, wanting the four imprisoned; the defendants, now represented by a top lawyer who had offered his services, appealed against the convictions. Both sets of appeals were heard together by the Northern Territory Supreme Court in Darwin, in February 2008.

As all four defendants had refused to pay any of the fines and reparations, they were arrested and imprisoned as soon as they set foot back in the Northern Territory for the hearing. They each served between five and ten days in prison. So far, so predictable. They had all fully expected to get lengthy prison terms for their peaceful invasion of Pine Gap. But that’s not how things panned out, quite the opposite in fact.

Complete Vindication

“Four anti-war protesters have been acquitted of national security charges for penetrating the Territory's Pine Gap spy base. And the surprise verdict has raised doubts over whether peaceful invaders of Pine Gap can be charged under current federal laws…’It's a vindication of a position we've been taking for two years - Pine Gap is not a base for the defence of Australia' Mr Law said on the Supreme Court steps. ‘Pine Gap is an instrument of international aggression and the base of the bombing and murder of innocent civilians in Iraq. The Commonwealth Government has been trying ... to punish us to the maximum extent possible for an expression of conscience'.

“Yesterday, it took Chief Justice Martin and Justices Trevor Riley and David Angel just minutes to agree that there had been a ‘miscarriage of justice’', as the four had not been allowed to argue before a jury that Pine Gap was not a ‘defence facility’ for Australia. They also disallowed an application by the Commonwealth Director of Public Prosecutions for a retrial. ‘What would be achieved for these individuals or the community if there is a retrial?’ asked Justice Riley. "’The defendants were deprived of a possible defence, mainly establishing that the facility was not necessary for defence purposes’, Chief Justice Brian Martin said yesterday.

“Ms Mulhearn said the decision meant that the Federal Government would ‘have to' review the ‘draconian' Act. ‘The Federal Government will have to look at the Defence (Special Undertakings) Act and the implications it has now for any activist who wants to take part in non-violent civil disobedience at Pine Gap’, she said. Ms Mulhearn said they were shocked to win the case… She hoped the decision would give others the ‘courage’ to ‘expose’ Pine Gap...” (Sunday Territorian, Darwin, 23/2/08; “Star Wars Invaders Set Free”, Phoebe Stewart).

Bryan Law (who spent ten days in prison, the longest of the four) wrote: “Since the 1970s, when protests began against Pine Gap, the Commonwealth has been threatening us with the DSU (Defence Special Undertakings Act). They can’t do that any more. I’d love to be charged under the DSU. I’d love to get the documents from 1967 when Pine Gap was declared a ‘space research facility’. They’ll never give us access to these documents. They’ll never use the DSU again…” (e-mail, 27/2/08, “Reflections From Bryan Law”).

The Pine Gap Four have won their case but they certainly haven’t gone away. In February 2008, before the appeal, they launched a small booklet “Liberating Pine Gap”, plus a compilation CD “Rise Up And Speak The Truth”, featuring peace and anti-war music from artists in Australia and around the world who donated their songs in support of the Pine Gap Four. Nor have they been resting on their laurels. For example, in April 2008, Jim Dowling was one of two people arrested for painting walls with human blood during an “exorcism” ceremony by Christians Against All Terrorism at the Brisbane office of Raytheon’s weapons manufacturing facility (Raytheon is the same giant US weapons transnational corporation which has the maintenance contract at Pine Gap).

First New US Spybase To Be Built In Australia For 40 Years

Regrettably, there will soon be a new target for Australian anti-bases campaigners. In June 2008, the Government revealed that work would soon commence on a brand new US spy base in Western Australia, the first one to be built in the country since Pine Gap in the 1960s. The US Mobile Users Objective System, which will be located alongside the existing Australian satellite spybase at Geraldton (this is Waihopai’s sister station) “will be linked to a network of communications satellites that will provide frontline US military units with instant access to high grade intelligence and tactical information. Once operational, the new facility will automatically provide communications support for US military operations in Iraq and the Persian Gulf. Indeed, it will also automatically provide communications support for US military operations in much of the Asia-Pacific region…The Defence Department and the US Navy signed a classified memorandum of understanding setting out governing arrangements for the station in November 2007. The conclusion of a secret memorandum of understanding rather than a formal treaty means that the agreement has not been reviewed by Federal Parliament’s Joint Standing Committee on Treaties. (The Defence Minister) has said the ground station will be operational by 2011” (Canberra Times, 17/6/08; “US spy base to be built in WA”, Philip Dorling). Remember, this is being done under the “new broom” Rudd Labor government, the same one which recently made a show of honouring its election promise to withdraw Australian troops from Iraq (and even that was not all that it was made out to be). So there will be no let up for our Australian friends but we’re sure that they are equal to the task. We salute them for their courage and determination, as they’re confronting a much bigger and nastier beast than we have to in this country.

An Ignored Warning?

And, in a strange footnote to the April 2008 Waihopai Domebusters’ action (see cover story), there was a Pine Gap Four connection to that. “Australian authorities were aware since January that a Christian peace group in New Zealand was planning an attack around Anzac Day on a spy facility with links to the United States, according to activists. The claim was made to the Press last night by Bryan Law, one of four Australians who broke into the joint US-Australia spy facility at Pine Gap near Alice Springs in December 2005…Law said in a telephone interview yesterday that he warned senior Australian defence and police officials three times that an action was planned around Anzac Day in New Zealand this year. He said he told them the action would include a ‘Ploughshares component’ and target ‘US military assets’… Law said Christians Against All Terrorism had a practice of ‘full disclosure’ to authorities about its actions…” (Press, 3/5/08, “Aust ‘warned’ of NZ pacifists’ action”. Dan Eaton). This Australian “warning”, by the way, was news to the Domebusters. Obviously the powers that be in Australia didn’t take any notice of it either and, if they passed it on, neither did their New Zealand counterparts. I bet they do next time.

To buy the “Liberating Pine Gap” booklet and/or the “Rise Up And Speak The Truth” CD, send $A6 for the booklet and $A20 (those figures include postage) for the CD. Make cheques to Jim Dowling, 2705 Mt Mee Road, Ocean View, Queensland 4521, Australia, penangke@octa4.net.au

contents

ABC home