Sarah Stephen, Sydney
Refugee supporters rallied on January 25 outside the Downing Centre Local Court. The rally coincided with a court appearance by refugee-rights activists who have been charged with allegedly helping escapees from the Villawood and Woomera immigration detention centres to obtain false Australian or foreign passports and escape from Australia.
The rally heard from UTS Students Association president Michelle Sparks, Greens Senator Kerry Nettle and Sydney University academic and prison rights activist Tim Anderson, who was falsely jailed for the 1978 Hilton bombing.
A message of support from Sister Susan Connelly was also read out to the crowd: "I would like to congratulate the refugee supporters who have distinguished themselves so well in the defence of Australian ideals. They have risked much in their actions to support asylum seekers. In the eyes of some, their reputation is damaged. The process has taken much of their time. It is costing them money and they face uncertainty. They have to appear before courts of law and are accused of breaches of law, and despite their unselfishness, are lumped together with those who break laws out of greed and self-interest.
"We live in a nation where the High Court of the land has been quietly stacked with appointees favourable to the government. That same High Court has ruled that stateless people can be detained indefinitely, making the punishment for statelessness worse than that allotted to rape or murder. The law is never so much an ass as when it is administered by such donkey-handlers.
"The words of the Nuremberg War Crimes Tribunal must not be forgotten. 'Individuals have international duties which transcend the national obligations of obedience. Therefore (individual citizens) have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring.'
"History holds up to us certain individuals who broke laws for higher purposes. The 20th century gave us Dietrich Bonhoeffer, Nelson Mandela and Xanana Gusmao. Our friends facing court today are in their company. In their commitment to being a voice for the voiceless, they have become the conscience of the conscienceless."
Following the rally, some 40 supporters crowded into the small courtroom to watch the proceedings. The weakness of the government's case was exposed for a second time when charges against Peter Murphy were dropped altogether and the prosecution requested a further adjournment for the case against Sunil Menon and John Morris.
The prosecution remained unable to name the specific charge being brought against Menon and Morris. AAP reported on January 25: "Requesting their second adjournment, the prosecution was in turmoil when once again asked to give details of the alleged offence. The judge deemed the prosecution's current description of the charges to be 'as vague as you can get'."
Anthea Vogl of the Drop the Charges Committee said on January 25: "Surely the police should have been able to build a case by now. It is increasingly clear that the real aim of this case is harassment and intimidation of refugee-rights campaigners."
Menon and Morris's solicitor Stephen Blanks requested an adjournment, arguing that the Australian Federal Police's evidence was "inconsistent and the charges were unclear", according to the AAP report. Commonwealth counsel Helen Brown acknowledged that the AFP allegations contained contradictory details and requested more time to follow these up.
Magistrate Deborah Sweeney gave the AFP until Feb 15 to make the charges more specific and provide clarifying evidence.
From Green Left Weekly, February 2, 2005.
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