New Zealand Ploughshares Activists Acquitted on All Counts by Trial Jury

by Solidarity Wed Mar 17, 2010 21:04

Background Posts.....

http://www.indymedia.ie/article/95966?search_text=welli...ngton

by TV3 Wed Mar 17, 2010 21:23

Interview with Defendants (4 mins)

http://www.3news.co.nz/Waihopai-spy-base-protestors-ref....aspx

by lulu Thu Mar 18, 2010 22:09

Congratulations to all concerned

by NZ Wed Oct 06, 2010 22:03

Spy agency taking on protesters

6/10/2010 11:20:00

Three protesters who damaged the Waihopai base satellite facilities in 2008 are facing a $1million damage suit brought by Gvt spy agency

A Government spy agency is taking a damages claim against the protesters who damaged satellite facilities at the Waihopai base near Blenheim.

Peter Murnane, Adrian Leason, and Sam Land successfully defended criminal charges in March after they damaged a plastic dome at Waihopai during a protest in 2008.

Sources have told Newstalk ZB the Government Communications Security Bureau, which is responsible for the Waihopai base, has decided to take a $1 million damages suit against the trio.

The move comes as the Government also considers amending or repealing the claim of right defence, that the men used to defend the willful damage charges originally brought against them. - http://www.newstalkzb.co.nz/newsdetail1.asp?storyID=183548

by Beer and Pies - NZPA Mon Oct 11, 2010 06:50

Costs of beer and pies sought after spy base attack

NZPA

October 8, 2010

Emacs!

The three men who damaged the Waihopai spy base are being chased by the Crown for $1,229,289, including the cost of beer, juice and savouries for staff who worked to repair the damage.

Teacher Adrian Leason, Dominican friar Peter Murnane and farmer Sam Land were found not guilty by a Wellington District Court jury in April on charges of burglary and wilful damage of the Government Communications Security Bureau (GCSB) base near Blenheim.

They were arrested in 2008 after cutting through alarmed electric fences without setting off any audible alarms or getting electrocuted before reaching one of two inflatable domes covering satellite dishes and slashing and deflating it.

The trio used the "claim of right" defence and said they were saving lives in Iraq by disrupting satellite transmissions and were acting for the greater good.

Court papers were filed by the Attorney-General this week for the GCSB seeking damages from the trio, and documents show how the costs were itemised.

Article continued........................

. - http://nz.news.yahoo.com/a/-/top-stories/8097698/costs-...tack/

by civil case Fri Aug 05, 2011 19:46

Waihopai Ploughshares' EnemyLove: the universal pathway to peace is a week of prayer and fasting from 1 to 8 August at St Andrew's on The Terrace, Wellington, in advance of the court case on Monday  - more information about EnemyLove and the blog are at http://www.enemylove.org.nz/ and an album with some photos are at http://www.facebook.com/media/set/?set=a.21424725862265...ype=1 - both will be updated each day.

Waihopai spybase damages case starts Monday NZPA Wednesday Aug 3, 2011   The Government is seeking $1.2 million in damages from the three men who sabotaged the radar dome at Marlborough 's Waihopai Valley spybase in 2008. Photo / Tim Cuff

The Government will next week begin arguing its case to extract $1.2 million in damages from the three men who sabotaged the radar dome at Marlborough 's Waihopai Valley spybase.

A preliminary hearing in the High Court at Wellington on Monday will hear the merits on whether the civil case the Government has taken should proceed.

In 2008 teacher Adrian Leason , Dominican friar Peter Murnane and farmer Sam Land cut through alarmed electric fences at the Government Communications Security Bureau (GCSB) base near Blenheim without setting off any audible alarms or getting electrocuted before reaching one of two inflatable domes covering satellite dishes and slashing and deflating it.

The trio used the "claim of right" defence - subsequently amended by the Government - and said they were saving lives in Iraq by disrupting satellite transmissions and were acting for the greater good. A jury found them not guilty of burglary and wilful damage.

However, Attorney-General Chris Finlayson subsequently filed the papers on behalf of the GCSB to recover the cost of damages.

A spokeswoman for the Crown Law Office today said it would make no comment before the case went ahead.

However, Father Murnane told NZPA the three would argue that the GCSB was in breach of international law. He did not want to go into the details ahead of the group's lawyers, "but I think we have a good case".

Fr Murnane said they were not required to be in court, but he and Mr Leason would still attend. Mr Land would not be attending as he was busy on his farm, he said.

The Crown is seeking $1.2m in damages, about $1.14m of which is the cost of the repairs for the deflated "teflon-impregnated glass fibre enclosure" or "radome". It is also seeking about $400 for providing food and drink for the workers who carried out the repairs.

If the Crown wins its case it will ask to have the damages split equally between the three men, who have made no secret that they are not wealthy people.

Fr Murnane said the fact the three had no money raised a big question over the whole procedure, but the Crown was pursuing them regardless

. - http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&ob...42752

by hearing High Court Mon Aug 08, 2011 09:37

Supporters of three Waihopai activists have filled the public gallery at the High Court where a hearing for damages against the trio has begun.

About 40 people - some carrying flowers - are in the High Court at Wellington.

The Crown this morning opened its case for $1.2 million in damages against teacher Adrian Leason, Dominican friar Peter Murnane and farmer Sam Land.

Michael Knowles, who is lead counsel for Mr Leason, said the defendants were penniless.

He said they had believed this was a situation of dire peril.

ARTICLE CONTINUED.....

http://www.stuff.co.nz/national/crime/5408324/Waihopai-...court

SUMMARY OF THE DAY

Below is a brief summary of the Waihopai Ploughshares hearing today. After the court hearing, there was a final gathering of EnemyLove participants and supporters at St Andrews on The Terrace, and the fasters and friends are now enjoying a feast.   Photos of the final gathering and feast will be available tomorrow morning.  Information about EnemyLove and the blog are at http://www.enemylove.org.nz/      Waihopai Ploughshares hearing today   8 August 2011     After a full day of hearings in the High Court in Wellington, the judge has reserved a decision in the application for summary judgement brought by the Crown against the three Waihopai Ploughshares - Adi Leason, Peter Murnane and Sam Land.    The prosecuting lawyer presented the Crown's arguments this morning as to why the Waihopai Ploughshares should pay $1.2 million for damage to the Waihopai spy base dome and the cost of food and drink for the workers repairing the dome.    There was a strong sense when listening to the Crown lawyer that the government is essentially trying to re-run their arguments, having failed to get a "guilty" verdict in the trial last year. Indeed, the Crown lawyer referred to the defendants as "criminals" several times during his submissions! A label rapidly disposed of when the defence lawyers had the chance to speak by pointing to the fact of their acquittal in 2010.    The arguments put forward by the defence lawyers were based in part on an 'ex turpe causa' defence (no-one can sue if they are operating from a dishonest foundation) and in part on "defence of another" (carrying out an action to save life).    In their submissions, the  defence lawyers raised questions about the legality of the existence and operation of the Waihopai spy base, including the fact that it apparently didn't have resource consent and is operating in breach of local government regulations. As well, evidence was presented about the appalling level of human suffering  caused by bombing and missile attacks based on "evidence" from "signals intelligence" (such as the communications intercepted at the base), which have resulted in countless civilian casualties, particularly in the US government-led wars on the people of Iraq and Afghanistan.    It was a very powerful recital of all that is harmful about war, the reliance on "signals intelligence" for targeting, and the New Zealand government's complicity in both.    The decision for the judge now to make is essentially whether or not the defence has a case - if yes, then the matter will proceed to trial; if not, then he may award summary judgement (damages) against the defendants.

by Defendants Appeal Mon Oct 10, 2011 11:11

The three peace protesters who damaged a cover for an antenna at the Waihopai spybase are appealing against a judgment holding them liable for the cost of repairs.

Adrian Leason, Peter Murnane, and Samuel Land are yet to face the part of the case that will decide how much they owe but the Attorney-General, on behalf or the Government Communications Security Bureau, wants more than $1.2 million.

That part of the case has been adjourned until at least next March.

In the High Court at Wellington today their lawyer said an appeal had been filed against the liability judgment and it was not likely to be heard before March.

ARTICLE CONTINUED...
http://www.stuff.co.nz/national/crime/5760299/Waihopai-...ement

by Updated Fri May 10, 2013 10:06

8 May 2013

On the first day of the Waihopai Ploughshares' Court of Appeal hearing in Wellington, Waihopai Ploughshares' supporters gave their clothes to the Prime Minister John Key, at parliament. This action, to highlight the human rights and justice issues around the hearing, is in keeping with the teachings of Jesus, "if any man will sue you at the law, and take away your coat, let him have your shirt as well" (Matthew 5:40).
SLIDESHOW http://tinyurl.com/buafx2r

In March 2010, after an eight day trial, the Waihopai Ploughshares were acquitted by the jury. In response, in October 2010, the government lodged a civil claim for $1.2 million, on behalf of the Government Communications Security Bureau (GCSB). In August 2011, at the High Court in Wellington, Associate Judge David Gendall declined an application for a full hearing and issued a summary judgement awarding $1.2 million damages in the government's favour, as well as court costs. Last year, the Waihopai Ploughshares lodged an appeal against the High Court decision, and the appeal is being heard by the Court of Appeal in Wellington on Wednesday, 8 and Thursday, 9 May 2013.

* Background information

On 30 April 2008, a Christian Ploughshares team - Adrian Leason, Father Peter Murnane and Sam Land - entered the grounds of the GCSB / US National Security Agency spy base at Waihopai and punctured the dome covering one of the two antenna to disable and draw attention to the role of the base - part of the US governments global spy network - in the 'war on terrorism'. They then built a shrine and prayed for the victims of the war with no end while waiting to be arrested. This citizen's disarmament initiative is known as Waihopai Ploughshares.

In March 2010, after an eight day trial, the Waihopai Ploughshares were acquitted by the jury. In response, in October 2010, the government lodged a civil claim for $1.2 million, on behalf of the GCSB. In August 2011, at the High Court in Wellington, Associate Judge David Gendall declined an application for a full hearing and issued a summary judgement awarding $1.2 million damages in the government's favour, as well as court costs. Last year, the Waihopai Ploughshares lodged an appeal against the High Court decision, and the appeal is being heard by the Court of Appeal in Wellington on Wednesday, 8 and Thursday, 9 May 2013. A more detailed chronology of these events is included below.

The outcome of the appeal has wide implications for human rights and justice: if the High Court decision stands, it makes it more likely that a vindictive government will initiate costly civil proceedings against defendants who have been found not guilty if it is dissatisfied with the outcome of a trial - this would have particularly negative implications for anyone acting on their conscience who engages in a citizen's disarmament action.

* Waihopai Ploughshares: chronology of events

On 30 April 2008, the Waihopai Ploughshares - Adrian Leason, Fr Peter Murnane and Sam Land - entered the grounds of the NZ Government Communications Security Bureau (GCSB) / US National Security Agency spy base at Waihopai and punctured the dome covering one of the two antenna to disable and draw attention to the role of the base - part of the US governments global spy network - in the 'war on terrorism'. They then built a shrine and prayed for the victims of the war with no end while waiting to be arrested. Their statement is available at http://www.converge.org.nz/pma/plshares.htm

The Waihopai Ploughshares trial started on 8 March 2010. Their defence was based on 'claim of right' (widely misreported by the media as a necessity defence) and on 17 March 2010, the trial jury acquitted the three defendants. An overview of the trial with links to more information is available at http://www.converge.org.nz/pma/plupdate.htm

On 7 April 2010, the Attorney-General announced that the government would not appeal the verdict, but was considering suing Waihopai Ploughshares for (at that time) $1.1 million.

In October 2010, the Attorney-General lodged a civil claim for $1.2 million, on behalf of the GSCB - see for example, '$1.2m Crown seeking includes beer, pies' at http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&ob...79078

On 3 November 2010, the government announced that it would be limiting the 'claim of right' defence so that it could not be used in similar circumstances in future.

On 8 August 2011, there was an all-day hearing in the High Court as to whether the government would be awarded summary judgement of $1.2 million damages for the costs of repair of the spy base dome (and food and drink for the workers who repaired it) or whether the matter would proceed to trial - the decision hinged around whether or not the judge considered the three defendants had a chance of successfully arguing a case against the awarding of damages to the government. A brief overview of the defence case, which was based in part on the defences of necessity and self-defence / defence of another and in part on ex turpi causa, is available at http://www.facebook.com/note.php?note_id=217666044947439

Associate Judge David Gendall's decision was released on 31 August 2011. His judgement was that the defence did not have a case, and that summary judgement of $1.2 million damages was therefore awarded in the government's favour, as well as court costs. The media release from Adrian Leason in response is available at http://www.facebook.com/note.php?note_id=228892570491453 and at http://www.converge.org.nz/pma/plshares.htm

In 2012, Waihopai Ploughshares appealed the High Court decision, and the Court of Appeal hearing is being held in Wellington on 8 and 9 May 2013 - information on the Court of Appeal hearing, updates, and photos are available on the Waihopai Ploughshares page at http://www.converge.org.nz/pma/plshares.htm and at http://www.facebook.com/PeaceMovementAotearoa

by Reports Fri May 10, 2013 10:25

Marlborough Express
Full hearing could threaten spy agency's secrecy

The spy agency caught in the Kim Dotcom controversy may face another attack on its secrecy if there is a full hearing over damage to antennae coverings at its Waihopai spy base.

The Government Communications Security Bureau was found to have illegally bugged internet millionaire Mr Dotcom, and now the legality of its Waihopai spy base is also in question.
Report continued....
http://tinyurl.com/cexffmh

The Dominion Post
Penniless priest unlikely to pay up

Peter Murnane seems an unlikely target for a $1.2 million damages claim.

It is 50 years since the 72-year- old Dominican friar had a bank account.

Those demanding compensation from him would have to grab him by the ankles and shake him to find any money, he said.

He returned from the Solomon Islands, where he now teaches novices, for a Court of Appeal hearing about the civil claim he and two other peace protesters face.

The court yesterday reserved its decision.
Report continued....
http://tinyurl.com/bvdom9h

The New Zealand Herald
Spy-base trio's argument makes property rights 'unenforceable' - Crown
http://tinyurl.com/cvqlw4y
Spy-base trio's argument makes property rights 'unenforceable' - Crown