Actions, Verdicts, Lessons

Sam Land - Holding out the Cross at Pine Gap 2006

I first met Sam Land when he came to Alice Springs in October 2006, where he joined in one part of the trial process of the Pine Gap 4.  Here’s a story about the trial from our legal advisor – solicitor and Barrister Russell goldflam.

The “Citizens’ Inspection” of Pine Gap was carried out in December 2005.  It contained elements of property damage that stopped short of “ploughshares” actions.    

The Pine Gap 4 cut through fences to gain entry, allegations were made about the “illegal” activities supported by Pine Gap, and we were pleased to disrupt the normal activities of the base by sending it into “lock=down” – but the focus of the action was disclosure/information for public discourse, not disabling weapons systems.

Ciaron at Pine Gap 2006

Giving evidence at the Waihopai ploughshares trial in Wellington in March 2010, Sam described the 2006 Pine Gap experience as a key element in forming his own determination to carry out a ploughshares action (which physically disables a weapons system in active use, in witness to the prophecy of Isaiah). He also met Ciaron O’reilly there, a powerful advocate of ploughshares actions.

Sam’s decision to move further into physically disabling weapons systems led him to deflating the dome at Waihopai Spy Base around ANZAC Day 2008, with his friends and colleagues Adi Leason and Peter Murnane.

It is also the reason that Sam, Adi, and Peter were acquitted of all charges, whereas the Pine Gap 4 were convicted of wilful damage charges under the Commonwealth Crimes Act.  (The Pine Gap 4 had some convictions quashed on appeal and replaced by acquittals, but they were under a different piece of legislation which has been subsequently amended by Parliament).

Sam and Adi pray while the dome deflates 2008

» Read more: Waihopai & Pine Gap

Hey Groovers!

I’ve got a new red tricycle to tool around on in Cairns (on account of how the nasty old Queensland government has suspended my drivers license – because I’m refusing to obey a court order that I should give $400 cash money to the ALP).  I love my new red tricycle!

I’m keen to participate in nonviolent interventions that are nationally significant, so I’ve been thinking about two major actions in planning for 2011.

1/Transform ANZAC Day by adding a new event and liturgy.  A lantern lit vigil at the Cenotaph from sunset on 24 April – in memory of ALL the victims of war.  We pack up and leave when the RSL starts arriving for their dawn service.

2/Frustrate and stop the joint Aus/US wargames talisman sabre 2011 in June (32,000 troops, a nuclear aircraft carrier battle group, a well-resourced team of PR professionals, to practice invading foreign countries.

Here you can find a detailed explanation about several bits of the puzzle, and how they might fit together.

» Read more: Putting an End to War.

PUTTING AN END TO WAR

Anzac Day Weekend Workshop

Silver Wattle Quaker Retreat and Study Centre

23-26 April 2010

Open Letter from the Gathering

Dear friends and peace-workers,

On ANZAC Day weekend 23-26 April 2010, at the Australian Quaker Centre at Silver Wattle, Bungendore near Canberra, 17 Christians and 2 Buddhists gathered from the east coast of Australia to respond to the growing militarisation of both Anzac Day and Australian society and to consider ways of putting an end to war.

» Read more: The Silver Wattle ANZAC Day Statement

Here’s an annotated list

of Media Reports of the Waihopi Ploughshares trial and verdict

they’re chronological, from Press, TV, Radio and social media.

I reckon they tell a story about the kind of media coverage and public discourse brought about by creative and committed direct action – like the Waihopai Ploughshares. 

For a perspective on where media coverage fits in the spectrum of NVDA outcomes, read this piece from a nonviolence discussion list which discusses media strategy.

17 March 4.15 pm. In the foyer of Court 3. The Jury's Out. What will they say?

There are 43 stories, several with substantial links and/or discussion threads. 

The list is more representative than exhaustive (for example there are several blogs, and the bigger ones carried one or two stories most days).  There are more daily papers than surveyed here.  In some fields my selection is arbitrary, based on what was easiest to do. 

Towards the bottom you’ll find my final Report for Scoop, through which you can find links to all my Court reports.  Sarah, a documentary film-maker, plus me were the only recorders who stayed to cover the whole public part of the trial.

Please notice the extensive public discussion, in several movements, started by the trial and the verdict.

» Read more: Media Stories Waihopai Verdict

Eye-witness account

The Jury went out to consider its verdict at 3.45 pm Wellington time on Wed 17 march 2010.  The returned to deliver their verdict just two hours later.

Not Guilty for all defendents on all charges.

The judge thanked the jury for doing their duty and discharged them.  The court was packed, and when the defendents were allowed to leave the dock, the public gallery erupted into vigorous applause.  The same applause was given the jury after they were discharged and leaving the court.

It would be fair to say that everyone in the Court, from the Judge on down, felt this verdict was a worthy example of the Jury’s power to decide on the facts.

I published this report with scoop just before the verdict was reached.  It tells about the prosecution’s closing address, which we no see failed in its objective.

After the verdict  I went to the celebration Party at the Leason farm outside Otaki.

The following day I filed this report on the closings, and Judge’s directions. 

My full complement of Court reports can be found through that link, or on the trial pages of this Blog, in the “Waihopi” nest.

Hey groovers,

District Court no 3 in Wellington’s Ballance St has been closed to the public for one day and a half.  Judge Harrop has been hearing argument from Counsel, and has made his decisions aboutthe shape and scope of the trial.  In just over half an hour he will tell the jury and the public what those decisions are, and any remaining evidence will resume.

After all the evidence is given, the Prosecution and defence Counsel will give their closing address.

Then the judge “sums up” the case (by going through all the evidence in summary form, being careful to include all key elements), and then gives his directions (instructs the jury on what things the law requires them to consider and decide upon in coming to their verdict).

Finally the jury is sent out to deliberate, and if all goes well return a verdict.

If the jury convicts, there is a sentencing process to follow.

The trial will most likely take up the rest of this week, and may spill into next.

I’ll report on the Judge’s decisions this evening, and my feeling is they will be significant – both for the defendents, and for the processes of law in this country.

For gamblers, I’m still prepared to bet against a conviction.  Any takers?

Adi Leason and Sam land pray as the dome comes down

From your correspondent in Christchurch.

My first report for scoop can be found here.

Kia Ora

There’s a web-based news service in Aotearoa called Scoop www.scoop.co.nz

Alastair Thompson asked me if I’d assist them to report the trial, and he wrote a measured letter to Judge Harrop asking for me to be allowed to do so, subject to editorial surety that I would be informed about, and abide by NZ court reporting rules.

Judge Harrop agreed to this, and I am now an accredited scoop reporter for the trial.  I’m allowed to sit at the media table and take notes.  Who’da thunkit?  A new career at my time of life.

I’ll file from now on with scoop, and after they’ve published I’ll update this blog.

The defendents have all finished giving evidence and being cross-examined.  I’m exhausted and going off for a big sleep, so start looking for my coverage of today’s proceedings in about 24 hours.  Meanwhile the scoop reporter from Wednesday wrote a pretty cool and sympathetic background piece here.

Day 4

I’m ordered by the Court to cease reporting on this trial.

This morning I was called into the closed Court by Judge Harrop and shown an extract of my blog from Day 2.  The extract contained a photo of Adi Leason that I captured from a TV3 broadcast, and a paragraph that I wrote saying that legal argument had taken place.

Judge Harrop never mentioned the photo, but he said that the mention of things which happened in the absence of the jury was against the court reporting rules in New Zealand.

He ordered me “to desist from any further reporting of this trial until after it is finished” and he reminded me of his powers to find me in contempt and imprison me for the duration if I disobeyed his order.

Upon my request he allowed me to publish his order, and explain the sudden absence of reports on this site about the trial.

I WILL OBEY the Judge’s orders, because I agree with him that no-one wants to see this trial aborted.  Indeed, I have gone further and removed the offending paragraph.

 The freedom of speech around court hearings is an important part of democracy, and one I will take up after this trial is over – but it is not the central issue just now.  The central issue is the conscience, action and trial of Adi, Peter and Sam.

You can read a report about Day 4 of the trial (which is NOT written by me) here:

http://www.indymedia.ie/article/95966?author_name=Letitia&comment_limit=0&condense_comments=false#comment265974

Adi’s testimony continues

Yesterday was a short day in Court, and concluded with a very successful public meeting at St John’s Presbyterian Church that evening.

Faith

In Court, Adi Leason re-commenced his testimony where it’d been interrupted by the power failure on Tuesday. His Counsel Mike Knowles by asking him “When and how you decided the work of Waihopai base was so important to you that you had to address it?”

Adi re-stated the importance in his life of a deep and strong Christian faith.  “Everything I know, and everything I’ve read in the Bible can be boiled down into two things” he said.

“Loving the Lord God with all your heart, soul, conscious and spirit”

and following Jesus’ commandment to “Love your neighbour as yourself”

And these two principles lead to a way of life:  “Do unto others as you would have them do unto you”.

“War is the opposite of that!”

Hope and Despair

He then went on to tell the story of that period after he’d returned from Thailand and moved to the farm at Otaki.  His mother became terminall ill, so she moved into Adi’s house where he (with community nursing assistance) cared for her through the process of dying.  His mother died at home surrounded by family.  Weeks later a child was born in the same bed.  As he tended his garden and watched the seasons roll on in the established pattern he reflected on how important family was to human life.

Around this time he saw a TV interview with an Iraqi grandfather who was holding the body of a dead grand-child, and who, according to this BBC report, had just lost every living member of his family in a US bomb attack.  “That man just looked so desolate” Adi said.  “The bomb that killed his family would have been sent there by ELINT collected at bases like Waihopai that were part of the Echelon network”.

“At that time I started to feel a knot in my stomach, and I knew I couldn’t carry on JUST praying.  I mean prayer is great, and our family begins every day with it, but it was becoming clear to me that more was needed”.

Then came the images of Abu Graihb prison and the torture that was going on there.  Adi was struck by “the wrongness of that:  the immorality of that.”

A possible way forward

“I couldn’t avoid reflecting on various ploughshares actions around the world”.  He cited the ANZAC Ploughshares at Griffis Airforce Base conducted by Ciaron O’Reilly and Moana Cole (friends of his).  The Liverpool based Seeds of Peace Ploughshares.  The Pitstop Ploughshares at Shannon Airforce Base,  The Christians Against ALL Terrorism at Pine Gap in Australia.

He described “a growing sense that this was a possible opportunity for me to act on my belief”!

Then he described some of the history of legitimate protest against waihopai over 20 years, all of which failed to achieve anything more than “a total stonewall non-response”.  ”In January 2008 Sam (Land), Peter (Murnane) and I started seriously discussing an action to disable Waihopai Base”.

Moments of magic

Mr Knowles then took Adi through the action itself.

Adi has a laconic wit, and a terriffic sense of humour, so his testimony about the disarmament action was loaded with phrases like:

“40,000 Volts (the electrified security fence) is a significant deterrant”.

“There are certain laws of physics that meant the truck wasn’t getting out of the ditch”

“After we exposed the electric wires Sam and I gave the bolt-cutters to Peter (older, without a family)”

Despite the humour Adi showed himself to be dead serious about his act of disarmament.  At several points the crew had to overcome fear (of discovery, of injury and death) in order to proceed with their plan.

In a compelling moment explained that the thought he kept in his head during the danger and hardship was of his 3yo daughter.  He imagined another 3yo in iraq under threat, and asked himself “would I do this to save my daughter?  Yes I would”.  And so he acted to save the imaginary child across the seas.

So they got into the base undetected.  They cut through and deflated the dome undetected.  They built a shrine, hung banners, and began prayer – all undetected. Just before they sliced through the dome they prayed together “We disarm you in the name of Jesus Christ”.

Eventually security came.  The crew made sure that security personnel felt safe and, after inviting them to join in prayer, they surrendered all the sharp tools, along with the key to the now padlocked and chained front gate.  They waited calmly for Police and for the trial they are now undergoing.

I watched the jury members a fair bit during Adi’s testimony, and there’s no doubt he has their full attention.  I can’t tell what’s going on in the mind of a jury member, but I found it difficult at times not to cry during Adi’s testimony.  He is such a loving and thoughtful man, acting at great personal risk, but without rancour or self-righteousness.  Fortunately I get a chance to hug him each day while he’s still free, and I feel refreshed and inspired by his shining example.

The Emporer has new clothes!

Which is more than I can say for Mr Murray, the prosecutor, who I feel alternately sorry for, and a bit pissed off with.

The Prosecutor’s job is to tear down Adi’s tender concerns.  To ridicule and undermine him.  He started that at about mid- day yesterday and carried on for 45 minutes.

“Isn’t it true that you don’t know specifically what goes on at Waihopai?”  (It’s a secret base about which the government lies)

“So you get all your information from a book published in 1996?” (No, but the book remains accurate in any event)

“You didn’t spend much time taking inoffensive protest action about the base did you?” (others did for 20 years, none of which worked).

And the classic series of “Do you agree we live in a democracy, and the government acts correctly all the time, and you are free to waste as much time as you like collecting petitions that don’t work?” ( While the murder goes on.)

Sometimes i think Mr Murray is an agent paid by the Emporer to pretend the new clothes are both warm and beautiful.  I ask myself how he can stand the falsity and emptiness of performing his task.  Then I remember that the evil roots of the war system keep otherwise good folk away from truth.  away from a personal experience of power and goodness.  trapped in a shallow mire of consumerism.  I try then to forgive and love Mr Murray.

During the lunch adjournment a juror became ill, and Court was adjourned for the day.  Adi’s cross examination will continue today, and then we’ll hear testimony from Father Peter Murnane. I apologise for the absence of photos today, but yesterday was very full, and I have a little physical tiredness now.

The Public Meeting

Last night was a great public meeting where two traditional political activists (Murray Horton from the Anti-Bases Campaign, and Greens MP Keith Locke) spelled out clearly what the base is, and how limited is the process of Parliamentary accountability.

Then Moana Cole spoke powerfully and eloquently of the Ploughshares prophecy, philosophy, movement and hope.  I made a little slide presentation about Pine Gap, nonviolence, and the joy of powerful NVDA.  There were 120 or so at the meeting with a great feeling, and a spirit of determination.

That’s it for now.  I’m off to court again soon, and I’ll report back on this blog.

Your support and interest means a lot to the defendents.  keep the messages of support flowing.

Cheers
Bryan