1. Jabiluka Protesters Cleared Over Hokey Pokey (10/8/00) 2. Jabiluka Protesters Vindicated: 'Police Confused' (10/8/00) 3. Jabiluka Protesters Fight Police Harassment (7/8/00) ---------------------------------------------------- *MEDIA RELEASE* 10/08/00 JABILUKA PROTESTERS CLEARED OVER HOKEY POKEY Two Earth First! protesters, David Heller and Marcus Brumer have had trespass and resist charges dismissed in the Magistrates' Court today. The charges had stemmed from an Earth First! anti-Jabiluka uranium mine "Week of Action" at North Limited in January this year. North Ltd owns ERA, the builder of the mine in Kakadu National Park. Police allege that on January 17th, 2000, the defendants ignored warnings not to re-enter the front garden of North House at 476 St Kilda Rd. About a dozen protesters had three-times jumped barricades erected on the footpath outside North House. The first two times -- after performing the song and dance, the "Hokey Pokey" -- they jumped the barricade on the line, "you put your whole body in" and were quickly ejected. After the third rendition of the Hokey Pokey, they pulled down North Ltd's barricades and entered the front lawn. The two defendants were then handcuffed and arrested. The defendants vehemently denied receiving individually given warnings during the second barricade jump. They also denied resisting police in the course of their duties by making it difficult for the police to apply handcuffs. Magistrate Heather Spooner found that due to the "volatile" circumstances of the protest (backed by Ch 7 footage), she accepted the defendants did not receive a warning. She also stated that due to the difficultly of complying with police requests (ie. being handcuffed lying face down with two or three police sitting on your back), the charges of resisting could not be proved either. Explosive revelations were aired during the trial when North Ltd's ex-executive director of External Relations, Rick Willis, admitted that North Ltd had interfered in the internal politics of the Jabiluka Action Group (JAG). He stated that North had spoken with people from various "factions" of JAG in an effort to ensure that "common sense would prevail" in relation to JAG's protests at North. Willis said defendant, Mr Brumer had lead one faction of JAG. He also revealed that North Ltd had instructed police to target Mr Brumer and Mr Heller on the day of their arrest. EF! spokesperson Mr Brumer says EF! (Melb.) will keep alive their campaign of non-violent direct action to rid Australia (and the world) of the nuclear industry. "The struggle continues to stop Jabiluka. The mine is against the wishes of the Mirrar people and the majority of Australians. Rio Tinto will face a barrage of protest when it takes over North Ltd. We must also focus on the rest of Howard's massive expansion of the nuclear industry, with Beverley uranium mine to start production in September: the first new, working Australian uranium mine in 20 years. This insanity must end." For more information call Marcus Brumer: (03) 9754 1968 ---------------------------------------------- JABILUKA PROTESTORS VINDICATED: 'POLICE CONFUSED' By Joanne Knight Marcus Brumer and Davey Heller had charges against them dismissed in the Melbourne Magistrates Court on Thursday 10 August 2000. Brumer and Heller faced charges of trespass and resisting police in the execution of their duty. Both carry a maximum fine of $500 or 6 months imprisonment. During the course of the case police gave evidence that they targeted Brumer and Heller as they perceived them to be the leaders of the protest and of the activist group, Earthfirst! Melbourne. They thought that if they could remove Brumer and Heller that the protesting would cease. They also gave evidence that North Ltd, the parent company of ERA, owner of the Jabiluka uranium mine, had directed them to remove Brumer and Heller. Obviously North Ltd wants to get rid of protestors so that they can continue with their destructive and dangerous mining of uranium in Kakadu National Park without the public having the audacity to question the wisdom of this. It is outrageous that the resources of the State are wasted in the obstruction of a democratic right to protest. Earthfirst was conducting a peaceful protest on 17 January 2000 outside the premises of North Ltd, 476 St Kilda Rd. On the previous Friday, several protestors had locked onto 44- gallon drums outside of the entrance to 476 St Kilda Rd. The response of building security was to lock the front doors so that the general public could not access the building. The police then arrived and also blocked the entrance to the building. Earthfirst protestors closed down the building and disrupted North's 'business as usual' for 4 hours that day. Thus the heavy police presence at the building on the 17 January when Marcus and Davey were arrested. Marcus's and Davey's defence to the charges was that the police had failed to warn them that they would be arrested if they re- entered the premises. The only place that the protestors were lawfully permitted to access that day was the public footpath out the front. As one protestor observed, 'North Ltd had a dress code that day and police were acting as bouncers.' Police gave evidence to the court that they had warned Marcus and Davey. They gave very specific evidence as to where, when and how the warnings were given. Sergeant Walker gave evidence that he was one foot away from Marcus and escorting him by the arm when he warned Marcus that re- entry onto the premises would result in arrest. Marcus denied this and gave convincing evidence, under prolonged cross- examination by the police prosecutor, that no warning was given to him at any stage. The police eventually adapted their argument after this to attempt to claim that barricades and a police presence were enough of a warning to stop people entering the premises. Unfortunately for the police and North Ltd, under the law, it is not sufficient to prove trespass. Mr Rick Willis, former Executive Director of External Relations of North Ltd, also gave evidence. He attempted to besmirch the character of the two defendants, claiming that they had been part of protests which had caused thousands of dollars of damage to North Ltd and smashed windows at a cafe in the building. These ignominious tactics failed to sway the court in the least. The Magistrate specifically refused to give any regard to this evidence. Marcus and Davey were not at these protests. The magistrate found that the charges were not proven. She said that there was a great deal of confusion on the day and it was not proven beyond reasonable doubt that warnings were given to Marcus and Davey, despite claims to the contrary by the police. In spite of dubious behaviour by the police and their witnesses, the anti- uranium protestors were vindicated. --------------------------------------------------- Jabiluka Protesters Fight Police Harassment Two protesters face court this Monday and Tuesday for allegedly trespassing at the headquarters of North Limited and resisting arrest during an Earth First! organised Anti-Jabiluka week of Action in January. The two protesters, Marcus Brumer and David Heller, were arrested during non-violent direct action aimed at highlighting North Ltd's desecraction of Kakadu National Park, their poisioning of Mirrar land and their contribution of uranium to the global nuclear cycle. Protesters maintain the charges are an act of police harassment designed to intimidate antinuclear activists from targeting North Limited. The Police have fabricated elaborate joint statements alleging protesters were warned that if they returned to the front lawn of North House they would be arrested. The protesters vehemently deny this and will be introducing witnesses and video footage which contradicts police testimony. The defendants and a number of other protesters are also facing similar charges pending from other anti-Jabiluka protests. David Heller a spokesperson for Earth First! and defendant said, "At demonstrations at North headquarters police have been used as little more than defacto private secuity by the uranium miners. These charges are part of a wider strategy to intimidate non-violent anti-nuclear activists." "We will continue to non-violently campaign until Australia is nuclear free. The majority of Australians support our aims and no amount of police harassment will deter us." Earth First! activists will be staging a solidarity protest out the front of the Melbourne Magistrate Court at 9AM on Monday and Tuesday. Thw two court days fall between the anniversaries of the bombing of Hiroshima (August 6th) and Nagasaki (August 9th). ---- Trial Aborted. Will be Heard Again Tomorrow. Davey Heller's trial was aborted today (Monday 7th) after the magistrate revealed that he knew a defence witness. During the morning the Police presented their case and the defence began with their first two witnesses. After lunch, the defence called their third witness, who turned out to have briefly worked for a law firm where the magistrate was a partner. The prosecution would not accept his evidence without cross-examination and as Davey wanted this evidence to form part of his case, the magistrate aborted the trial. The magistrate said that he could not impartially assess the credir (truthfulness) of the witness as he already knew him. For reasons unknown, the case had been moved from court 4 to court 5 just before the trial began, giving Davey the magistrate who eventually aborted the trial. Davey's case will now be heard tomorrow (8th August) jointly with Marcus' case at 10am before a different magistrate. --------------------------------------- Earth First! Melbourne http://www.geocities.com/earthfirstmelb [EMAIL PROTECTED] --------------------------------------- -- Leftlink - Australia's Broad Left Mailing List mailto:[EMAIL PROTECTED] http://www.alexia.net.au/~www/mhutton/index.html Sponsored by Melbourne's New International Bookshop Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
