Sue Bolton, Melbourne

When Craig Johnson, the former Victorian branch secretary of the Australian Manufacturing Workers Union (AMWU), walked into the Melbourne County Court on May 10, he was expecting to face trial on four charges relating to an industrial dispute in June 2001.

Prior to the trial, Johnston had been charged with criminal damage, threat-to-kill and two counts of affray. After further negotiation between the prosecution and defence lawyers on the morning of May 10, the prosecutors agreed to downgrade the threat-to-kill charge to common law assault for verbal abuse in return for a guilty plea on the charges.

Johnston's barrister, Peter Faris, argued that the prosecution should also downgrade the two charges of affray to two charges of unlawful assembly because it was an abuse of process to charge Johnston differently to his co-accused, who were only charged with unlawful assembly. The prosecution didn't agree to this.

As a result, Johnston pleaded guilty to common law assault (for verbal abuse), criminal damage and two charges of affray on May 11. He did this because he and his lawyers were not convinced that he would receive a fair trial given the political nature of the case.

The employers, the Victorian Labor government and the national leadership of his own union have all stated publicly that they don't want Johnston to be able to lead the Victorian AMWU branch.

If Johnston is jailed, it would remove a headache for Victorian Premier Steve Bracks, AMWU national secretary Doug Cameron and the employers, because Johnston would be banned from being a union official for five years under the Workplace Relations Act. At the end of the five years, Johnston would have to apply to the court for permission to stand for election again.

The defence lawyers have yet to present their case. Sentencing isn't expected before May 28.

From Green Left Weekly, May 19, 2004.
Visit the Green Left Weekly home page.

Tools

• Bookmark This Page
• Print This Page