The Guardian February 4, 2004


NO WAR campaigners receive jail sentences

The two protestors who painted "NO WAR" on the tallest sail of 
the Opera House last March have been sentenced to nine months of 
periodic jail detention.

The NO WAR action by David Burgess and Will Saunders was one of 
the most starkly visual protests against the invasion of Iraq and 
made news headlines around the world.

"Whether it was caused by an irresponsible drunken man or one 
making a serious political point it makes little difference", 
said NSW District Court Judge Anthony Blackmore.

Along with their nine-month weekend detention sentence for 
"malicious damage" the pair were ordered to pay the remainder of 
the Sydney Opera House Trust's $151,000 clean-up bill.

A cheque for $40,000 has already been handed over.

The malicious damage charge was heard before the District Court 
jury in early September. They were found guilty after Judge 
Blackmore stubbornly refused to allow Will or Dave to present a 
case which would justify their actions.

Both Will and Dave had prepared extensive arguments, part of 
which was based on Section 418 of the NSW Crimes Act. The Act 
states that you are not guilty of a crime if it was committed 
with the aim of preventing injury or death, damage to property, 
deprivation of liberty or criminal trespass.

It is now clear that the illegal war in Iraq has resulted in all 
of these things happening.

Dave Burgess is a filmmaker and long term campaigner for the 
environment and human rights. He has just finished a stint as The 
Wilderness Society Forests Campaigner in NSW, which helped lead 
to the protection of virtually all old-growth forest in Northern 
NSW at the last NSW election.

Will Saunders is a professional astronomer and a UK citizen. He 
has worked for the Anglo-Australian Observatory for the last 
three years.

Dr Saunders has been ordered to hand in his passport and his 
immigration status will now come under review.

* * *
Acknowledgment to Opera House "No War" Campaign

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