The Guardian 27 February, 2008
Pine Gap Four acquitted
Four pacifists convicted of entering the Pine Gap US spy base in 2005 were acquitted in the Darwin Court of Appeal last Friday. The Pine Gap Four (Donna Mulhearn, Bryan Law, Adele Goldie and Jim Dowling) feel vindicated and relieved that their convictions under the previously untested Defence (Special Undertakings) Act 1952 have been quashed.
The original intention of their "Citizen’s Inspection" action in December 2005 was to expose the true nature and activities of Pine Gap. A pre-trial decision by Justice Sally Thomas in 2007 prevented the Four from bringing any evidence about Pine Gap’s activities into court. Justices Martin, Angel and Riley unanimously agreed that this resulted in a miscarriage of justice.
"They were precluded from raising the very issue which, if successful, would have resulted in their acquittal," Ron Merkel QC said in court on behalf of the Four. He also noted that "No reason was given at any time for singling out [these people] for indictable charges."
The Defence (Special Undertakings) Act charges related to "entering a prohibited area" and using a camera in a prohibited area. Separate convictions prosecuted under the Crimes Act of damaging Commonwealth property were not contested and will stand.
Bryan Law said, "We have drawn the teeth from this archaic act", and that he would not expect the Commonwealth to use this act against non-violent protestors in the future. He vowed to continue working to expose Pine Gap.
Donna Mulhearn likened the groups’ experience to a witch hunt, saying, "It is a victory for fairness and common sense, and a slap in the face for those who seek to use draconian legislation to respond to non-violent civil disobedience".
The Four all served time in Darwin’s Berrima Prison prior to the appeal in lieu of fines imposed under their 2007 convictions.
"It sets a precedent for future acts of civil disobedience", said Adele Goldie. "It’s been a long but invaluable journey."