Putting Pine Gap on Trial Again – November 2017

An appeal for financial support
In Early November six of us go to trial in Alice Springs charged under the notorious “Defence Special Undertaking Act” which carries a maximum sentence of 7 years for trespass.*
This is only the second time in history this 1952 law has been used. The first time, after a similar action when some of us actually climbed on the roof of a building inside Pine Gap, resulted in fines despite the strongest effort by the prosecution to get us jailed.** This is their second chance.
As we did last time, we once again hope to put the real criminals on trial – those who would wage wars of aggression, declared “the supreme war crime” by Chief Justice Jackson at the Nuremberg trials.
I have just finished reading a book by David Rosenberg who worked at Pine Gap for 18 years, analysing satellite intelligence for the US war machine. It is a poorly written, boring book in many ways, but macabrely fascinating in the way Rosenberg can see no possible wrong in any of his work. He sees only good. He has helped save lives – lives of US and Australian soldiers. (A fact he mentions over and over). Even the concept of “collateral damage” does not exist in this man’s mind.

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Pine Gap: Full Knowledge & Concurrence

OCTOBER 12, 2017 BY KELLIE TRANTER
In honour of the late Professor Des Ball
Heavily redacted documents produced in accordance with Freedom of Information laws appear to imply that the Australian government has full knowledge of current and future operations taking place at Pine Gap and that it is given the opportunity to approve or deny proposed future conduct carried out at the base. This may have serious ramifications for Australia, a signatory to the Rome Statute, in any future proceedings in the International Criminal Court.
I recently issued a Freedom of Information request for copies of advices, cables, directives, emails and policies confirming the domestic or international laws which apply to defence personnel working on US drone missions from the Australian-American defence facility at Pine Gap from 1 January 2014 to date, which turned up some interesting material.
 
Continue reading at kellietranter.com
Pine Gap: Full Knowledge & Concurrence

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Pine Gap on Trial November 10 – 24th 2017 Alice Springs – Pilgrims Face Trial for Lament

#PineGapPilgrims have been set down for trial for their lament on the mountain, and in the valley next to Pine Gap war-making facility.
Pauli Christie will face court on 13th November and following days as needed.
Margaret, Franz, Jim, Andy and Tim will face trial on 16th November and following days as needed.
We will meet with you we hope in Alice from 10th November for 10 days of actions, ceremony, public meetings, and trial.
We heartily invite you to Alice to be with us to PUT #PINEGAPONTRIAL AGAIN!!
Please donate to get us and YOU there! Sign up for updates on WagePeace.
Justice for the #PineGapPilgrims
 

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#PineGapPilgrims, 2016 and the #PineGap4, 2005 : Activists on Trial for Actions at Pine Gap

#PineGapPilgrims Will Face Court for Lament Action
The #PINEGAPPILGRIMS face court from 13th November 2017.
Pauli Christie who was praying in the valley will oversee the selection of his jury on the Monday 13th.
The other pilgrims will meet their jury on Thursday 16th November 2017.
We invite you to join the Pilgrims in Alice Springs for the court case. 
The trials of activists are times of intellectual endeavour and further resistance as we explore challenging the military State and telling the stories of resistance.
We will conduct public meetings and more actions if we can. We will hear from ‘experts’ who we will call to the trial.
We hope to rekindle the spirit  of the Pine Gap 4 and the Waihopai 3 and the Rocky Tiger Ploughshares!
We will gather from Friday November 10th ready for court on Monday.
We will have a media team, and a remote social media team. We will help organise places to stay for supporters – Best we can.
Join us through our sign up for more information and to volunteer where ever you are.
It’s an opportunity for NEW ACTIONS to #ClosePineGap
Lets put #WARONTRIAL

Contact Margaret directly on Facebook if you are coming or Cate @wagepeaceau to volunteer 🙂 Donate here
 

Join us for more actions and events to stop warmaking and surveillance as activists face trial in November 2017. 
#Endwarculture #NoMoreUSwars #ClosePineGap
Consent to Prosecute under Defence (Special Undertakings) Act 1952
In 2016, six “Peace Pilgrims” were arrested lamenting war and praying for peace on the mountain and in the valley next to the secretive Pine Gap war-making facility near Alice Springs. The charges were thrown out of court and the protesters freed because of what Local Court Judge Daynor Trigg called a “nonsense” piece of legislation.  The law required direction from Attorney General George Brandis to arrest and lay charges. The six, have now been charged following explicit signed consent from Mr Brandis (see picture left).
Jim Dowling, Andy Paine, Tim Webb and Franz Dowling of Brisbane, along with Margaret Pestorius and Paul Christie of Cairns, are each charged with ‘Unlawful Entry’ under the Defence (Special Undertakings) Act 1952 (Cth). They face seven years in prison for these acts of faith, prayer and healing.
TWO ACTIVIST TRIALS
Two trials with associated community-based events will occur from 10th November
And then… who knows, maybe an appeal in the Darwin Appeal Court.
The peace pilgrims say they intend to put the Pine Gap base on trial. Defendant Andy Paine said “Pine Gap is a foreign military installation on Australian soil that is vital to the US surveillance state and is used to target drone strikes that kill civilians in foreign countries. Its actions should be a topic of debate among all Australians. Instead the base operates in virtual secrecy; hidden in the desert with no government accountability and extreme laws threatening anyone who dares to show what goes on there.”
Five of the “peace pilgrims” walked on to Pine Gap on September 29 last year; carrying musical instruments and conducting a lament for the deaths and suffering caused by Pine Gap. Pauli Christie entered alone on the October 1 with ceremonial objects and prayed for several hours in the creek bed not far from the main fence.
PINE GAP 4 (2005 – 2008)
One of the six, Jim Dowling, had previously entered Pine Gap in 2005 in a sensational case that ended with convictions overturned on appeal.This is the only previous instance of the Defence (Special Undertakings) Act being used to prosecute people.

The Pine Gap 4 in 2008 with Lawyers Russell Goldflam and Ron Merkel QC
At the appeal Ron Merkel successfully argued that the original Judge erred in not requiring the prosecution to prove that Pine Gap was necessary for the defence of Australia, as requested by the defendants. All convictions under the defence Special Undertakings act were then overturned. The defendants had already spent up to eight days in Darwin prison when this decision was handed down.
Later that year, the Government changed the Defence (Special Undertakings) Act 1952 (Cth), to clarify the legal status of Pine Gap and make a challenge to its status as a “defence” facility like the one mounted by the Pine Gap 4 harder to mount. The amendments mean that the Commonwealth claims it has power to legislate about Pine Gap under both the ‘defence power‘ and the ‘external affairs power‘ of the Australian Constitution.
This may be seen as an attempt to limit the ability to question US activities on Australian soil by activists and academics concerned about the illegality and immorality of such a dominating war-making and surveillance facility. {see more complex detail here about the changes to the law.}
Many believe that if the government declared Pine Gap necessary for the defence of Australia then it probably is! (Even if we are bombing people thousands of miles away who have never even heard of Australia).
The silence and complicity of Pine Gap in breaking International Law and human rights agreements has been raised by such eminent public figures and academics as Malcolm Fraser former Prime Minister of Australia and  Richard Tanter of the Nautilus Institute. The protesters are not alone in their concerns about the practices engaged in Pine Gap.
Ms Pestorius said, “We have seen escalating war for 16 years – some would say 60 years. The US economy is based around it. And Australia is chronically implicated. We can see no end.”
Mr Paine said, “With the unpredictability of a Donald Trump presidency hanging in the air and the US-Australia relationship already strained this week, we need to consider the consequences of our government’s unswerving loyalty to the US in military affairs. To do this and to bring what is done in secret out into the open is why we walked on to Pine Gap in the first place; this trial presents an opportunity for us to publicly do that again.”
There is considerable agreement that Pine Gap would be a nuclear target in the case of nuclear war.

Please stay involved,
1/ Peace Pilgrims are supported by our friends at Wage Peace: Sign up here for Wage Peace newsletters and notification
2/ Donate here: travel back and forth to Alice Springs will be the major cost, but not the only one. We would like to see people join us.
3/ Join us in Alice for the major case later in the year.
4/ If you are in Alice – support us by encouraging local involvement and making links. Contact Margaret@cairnspeacebypeace.org

LINKS and History of Pine Gap activism 
Andy Paine’s Blog of the Pilgrims Adventures with the #ClosePineGap Protest Camp
Friday September 16 2016 was a busy day for me. I began it preparing a radio show about Pine Gap, the secretive US military base near Alice Springs in central Australia. I had interviewed an academic who has studied Pine Gap and what it does; an activist who has opposed it; and an Arrernte traditional owner who says it has no right to be there. Then I rushed off to Griffith University, where I gave a guest talk to an ethics class about civil disobedience – the practice of intentionally and openly breaking unjust laws. Read More
Bryan Law’s blog tracking the 2007 Pine Gap court case 
Background to the ammendments of the act 2008
Media from court appeal around Pine Gap Action in 2008
http://www.abc.net.au/news/2007-06-25/pine-gap-appeal/80064
Media coverage sept 2016 after the second action where the pilgrims made it into Pine Gap and were arrested. 
Media release from first attempt at getting into Pine Gap (Graeme attempted this night, but did not take part in the final action). All pilgrims were caught and arrested before breaking in to Pine Gap but were released without charge. 
See also the Bryan Law Archive  with Pine Gap Tag

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MEDIA RELEASE 21 February 2017
Attorney General George Brandis signs direction for Peace Pilgrims to be charged 
The six “peace pilgrims” who last September were arrested on the Pine Gap US military intelligence base have now received court summons – each facing up to seven years imprisonment.
Jim Dowling, Andy Paine, Tim Webb and Franz Dowling of Brisbane; along with Margaret Pestorius and Paul Christie of Cairns; are each charged with Trespass under the Defence (Special Undertakings) Act.
The Act was the subject of confusion and controversy in September when the six defendants were arrested. As well as carrying the extremely severe maximum penalty of seven years prison, the law also requires the expressed consent of the federal attorney-general to be used – causing the charges to be dropped and judge Daynor Trigg to describe the legislation as “a bit of nonsense.”
The peace pilgrims say they intend to put the Pine Gap base on trial. Defendant Andy Paine said “Pine Gap is a foreign military installation on Australian soil that is vital to the US surveillance state and is used to target drone strikes that kill civilians in foreign countries. Its actions should be a topic of debate among all Australians. Instead the base operates in virtual secrecy; hidden in the desert with no government accountability and extreme laws threatening anyone who dares to show what goes on there.”
Mr Paine said “with the unpredictability of a Donald Trump presidency hanging in the air and the US-Australia relationship already strained this week, we need to consider the consequences of our government’s unswerving loyalty to the US in military affairs. To do this and to bring what is done in secret out into the open is why we walked onto Pine Gap in the first place; this trial presents an opportunity for us to publicly do that again.”
The “peace pilgrims” walked on to Pine Gap on September 28 last year; carrying musical instruments and conducting a lament for the deaths and suffering caused by Pine Gap. One of the six Jim Dowling had previously entered Pine Gap in 2005 in a sensational case that ended with convictions overturned on appeal. This is the only previous instance of the Defence (Special Undertakings) Act being used.
The first court appearance will be in Alice Springs on February 21st.
Media contact: Andy Paine 0413205154
_
Peace Pilgrims case was heard and adjourned on February 22 to be heard for mention in April.
The ABC covered the adjournment here!

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Support the #PineGapPilgrims

We were lamenting war and praying for peace at Pine Gap. We have been found guilty of "being" in a prohibited area, and await sentencing. Now we need your help and support:
  1. To get involved sign up for Wage Peace Newsletter for updates, invitation to actions, call outs. Also to halt the march of the military in our universities and communities. Share this information with your friends and networks.
  2. Donate to help us with the costs of travelling back from Alice Springs and general costs that we incurred fighting this case.
  3. Support us with Actions in Alice Springs, Brisbane and Cairns on December 4th when we will be sentenced in the Brisbane Federal Court