Bent Court finds in favour of Bent Parliament

 

5 guilty of NT House invasion
By Bob Watt
May 23, 2003

Five people who invaded the Territory Parliament while it was sitting in Darwin a year ago were found guilty yesterday of disturbing the House of Assembly.

Magistrate Dick Wallace said the May 14, 2002 incident when the five entered the chamber was "the most serious disturbance of the Legislative Assembly in the history of the Territory".

Yesterday afternoon marked the end of the long hearing during which many witnesses including Chief Minister Clare Martin were called.

Mr Wallace said: "In my view, the elements of the charges are clearly made out against the defendants who had no authorisation, justification or excuse for their actions.

"I find the case proved against all five defendants."

Before the court were Gary Meyerhoff, Stuart Highway, Emma Birkeland-Corro, Robert Inder-Smith and Michael Lambe.

The magistrate said the next stage was submissions on sentencing and invited the five to get legal representation.

He adjourned the hearing to today.

Mr Wallace said he would first hear sentencing submissions from Ian Read, lawyer for Luke Masters and Aaron Stallard-Bryce, who each pleaded guilty to disturbing the Assembly.

Mr Wallace, giving reasons for his decision, said the five he found guilty were associated with a group called the Network Against Prohibition (NAP).

Before Parliament was the drug house legislation, increasing powers under the Misuse of Drugs Act, which the NAP opposed.

"They intended to make a show, bring their case to the wider world by upsetting the deliberations of the Assembly," the magistrate said.

"I am satisfied the five ... did acts which were absolutely designed to disturb the Assembly with the purpose to publicise the cause for which NAP was brought into being."

Northern Territory News

 

 

 

 

Five jailed for invading assembly

05jun03

 

Five people have been jailed for invading the Northern Territory parliament while it was sitting last year.

The five were among nine members of the pro-drug Network Against Prohibition (NAP) that stormed the legislative assembly to protest proposed tougher drug laws on May 14 last year.
Four of the five will spend five months in jail, and the other four months after receiving sentences ranging from 16 to 21 months with much of the terms suspended.

The group entered through an unlocked door and spent about 10 minutes in the chamber, waving placards, taking over the speaker's chair and jumping onto the dispatch table that runs down the centre of the chamber.

Gary Meyerhoff, Michael Lambe, Robert Inder-Smith, Emma Birkeland-Corro and Stuart Highway were found guilty of disturbing the legislative assembly after one of the longest running Magistrates Court criminal hearings in NT history.

All had faced one charge each, and all had pleaded not guilty.

Half the legislative assembly was called to give evidence in the Darwin Magistrates Court, including Chief Minister Clare Martin, several other ministers and Opposition members.

Ms Martin had told the court she felt scared and intimidated when the protesters "burst" into the parliamentary chamber.

She was also questioned about her own former drug use, having admitted to using cannabis about 20 years ago.

Magistrate Dick Wallace today described the civil disobedience offence as serious, and said none of the accused had shown any remorse over their actions.

Further, the accused appeared proud that they had taken part in committing the offence, he said.

"Most of them at one time or another have said that they would do it ... again," Mr Wallace said.

Citing the need to deter both the individuals involved and others in the community from repeating the offence, he sentenced Birkeland-Corro and Highway each to 18 months' jail, suspended after they had served five months.

Inder-Smith and Meyerhoff, who were both on bail at the time of the offence, received sentences of 21 months, also suspended after five months.

And Lambe, who Mr Wallace felt was not involved in organising the parliamentary intrusion, received a 16-month jail sentence, suspended after four months.

The maximum sentence for disturbing the legislative assembly is three years in jail.

Outside the court, NAP member Michael Barry said the group would immediately appeal against the sentences.

"That they are going to lock people up for speaking out and protesting, it's a nasty precedent," Mr Barry said.

"All it shows is how willing the state is to come down heavily on ordinary people should they dare to put a finger out of line.

"I think a lot of it has been payback for the injured dignity of the politicians."

 

 

 

Thur, 5 Jun 2003

Activists sentenced to jail


Five activists who illegally entered the Northern Territory's legislative assembly last year to protest against the Government's drug house legislation are going to jail.

It has been the longest criminal hearing in Darwin's Magistrate's court that many can remember.

Last May, with four others, the group entered the Territory's Parliamentary chamber while it was in session, armed with placards.

Magistrate Dick Wallace said none of the offenders had shown any remorse, and indeed felt proud of what they had done.

Michael Lambe received 16 months in jail, suspended after four months because his role in the protest was not planned.

Stuart Highway and Ema Birkeland-Corro received an 18-month term to be suspended after five months.

Gary Meyerhoff and Robert Inder-Smith received the harshest penalty because they were on bail for another offence at the time.

They received 21 months in prison, but suspended after five.

 

Parliament Invasion files

 

In Defence of the NT Courts

 

 

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