BY NICK EVERETT
SYDNEY — Will Saunders and Dave Burgess, who were convicted on October 3 of maliciously damaging the Sydney Opera House for painting the words "No war" on it in March, will face a sentencing hearing on December 11. They may be imprisoned.
On March 18, two days before US, British and Australian military forces began their illegal invasion of Iraq, Saunders and Burgess climbed the Opera House and painted "No war" on its highest sail, giving expression to the mass opposition to Australian involvement in the war on Iraq. They were arrested and charged with malicious damage and willfully marking a building with paint.
In early September, the two attempted to defend themselves before a district court jury. They had prepared extensive defence cases, based in part on section 418 of the NSW Crimes Act, which recognises that people cannot be found guilty of a crime if they acted with the aim of preventing injury or death, damage to property, deprivation of liberty or criminal trespass — all of which took place in Iraq during the subsequent invasion.
However, Justice Martin Blackmore, who was presiding over the case, didn't allow Saunders and Burgess to present their defence to the jury, ruling that their evidence was inadmissible. With no defence, the two were found guilty and told by Blackmore, "You have a very real prospect of going to jail."
On top of the criminal charges, Saunders and Burgess are also being pursued by the Opera House to pay cleaning costs. The Opera House management, which has refused to negotiate a settlement with them, claims the paint cost $166,000 to remove.
Supporters are urged to attend a protest at the sentencing hearing, 9am at the District Court, Downing Centre, 141-147 Elizabeth St, Sydney. To find out more about Saunders and Burgess's defence campaign, or make a donation, visit <http://www.operahousenowar.org>.
From Green Left Weekly, December 10, 2003.
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