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Waihopai activists found not guilty

93 replies · 1,000 views
about 16 years ago · edited over 13 years ago
Waihopai activists found not guilty
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
http://www.stuff.co.nz/national/crime/3466305/Waihopai-activists-found-not-guilty

Three peace activists walked free today even though they admitted breaking into a Government spybase near Blenheim and slashing an inflatable plastic dome covering a satellite dish.

A jury in Wellington District Court took only two hours to find schoolteacher and part-time farmer Adrian Leason, Dominican friar Peter Murnane, and farmer Sam Land not guilty of all charges against them.

Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
What a load of sh*te.

Allegedly

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about 16 years ago · edited over 13 years ago
Tegal wrote:
What a load of sh*te.
 
Love it. The well crafted reply
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
Tegal wrote:
What a load of sh*te.


Careful. They are watching us.
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about 16 years ago · edited over 13 years ago
Stefan wrote:


Careful. They are watching us.
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
They might believe me to be a threat,kill me,then get a not guilty verdict.

Allegedly

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about 16 years ago · edited over 13 years ago
Tegal wrote:
They might believe me to be a threat,kill me,then get a not guilty verdict.
Do you really think in that case they'd be able to convince a jury? Anyway, how much of a threat are you?
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
f**king Bullsh*t Decision.
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about 16 years ago · edited over 13 years ago
dairyflat wrote:
Tegal wrote:
They might believe me to be a threat,kill me,then get a not guilty verdict.
Do you really think in that case they'd be able to convince a jury? Anyway, how much of a threat are you?
 
Doesnt matter how ridiculous it is,as long as they genuinely believe it to be true. Makes the law have a pretty wide scope now,bad bad precedent.

Allegedly

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about 16 years ago · edited over 13 years ago

can't they be arrested and toutured for being hippies?

If not, isn't it time the law was changed?

All I do is make the stuff I would've liked
Reference things I wanna watch, reference girls I wanna bite
Now I'm firefly like a burning kite
And yousa fake fuck like a fleshlight

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about 16 years ago · edited over 13 years ago
what a joke, they look like f**ken dicks
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about 16 years ago · edited over 13 years ago
Frankie Mac wrote:

can't they be arrested and toutured for being hippies?


If not, isn't it time the law was changed?



This.

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about 16 years ago · edited over 13 years ago
Its a jury trial so it doesn't necessarily enlarge the scope of the law but I agree I think it is a worrying precedent to set. Allowing people to destroy private property because they think they are right doesn't go down to well with me.

www.kiwifromthecouch.blogspot.com

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about 16 years ago · edited over 13 years ago
bopman wrote:
Its a jury trial so it doesn't necessarily enlarge the scope of the law but I agree I think it is a worrying precedent to set. Allowing people to destroy private property because they think they are right doesn't go down to well with me.
 
yea it says they didnt have to be correct in their beliefs either
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about 16 years ago · edited over 13 years ago
Downey26 wrote:
what a joke, they look like f**ken dicks
 
Oh well, must be guilty then.

Incredible stamina. No shame. Yellow Fever.

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about 16 years ago · edited over 13 years ago
Smithy wrote:
Downey26 wrote:
what a joke, they look like f**ken dicks
 
Oh well, must be guilty then.
 
thought they would have had a little more pride in their appearance, thats all.
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about 16 years ago · edited over 13 years ago
bopman wrote:
Its a jury trial so it doesn't necessarily enlarge the scope of the law but I agree I think it is a worrying precedent to set. Allowing people to destroy private property because they think they are right doesn't go down to well with me.[/QUOTE]
 
Even so it's not all plain sailing you would still have to defend the action in a  court. Hypothetically: Say we burn down a fast food outlet saying that the products would fatten and then, in the future,  kill someone. I'm not sure that a jury would be swayed in our favour. Maybe they would????
 
 
http://ploughshares.org.nz/about/ is an interesting notion though.  [quote]Ploughshares is not an organisation or even an organised movement � it is simply a name invoked by different groups of people who come together for specific purposes and share commitments to non-violent direct action that symbolise the conversion of weapons into resources used to bring life instead of death. Ploughshares activists take inspiration from one another and great people of faith and non-violence from throughout history.
 
Mmmm...
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
The ploughshares case in England in 1997 is worth a look at. http://www.tridentploughshares.org/article1209
Fr. Martin of St. Margarets Parish Canning Town and Susan of the Amsterdam Catholic Worker community entered RAF Wittering in Cambridgeshire in the early hours of 3rd November 2000 and disarmed a convoy truck being prepared to carry nuclear warheads to Coulport, Scotland for Trident nuclear submarines.
 
In that case I'd firmly applaud the actions. It's not like nuclear weapons are discriminate and only kill enemy soldiers now is it??
Profile pic. Should you be interested. Lakhsen, on the right, lost touch with him.
Mohammed, on the left, I'm still in touch with. He's now living in Agadez, Niger. More focused on his animals now as tourism has dried up. Is active with a co-op promoting local goods, leather work and bijouterie, into Europe. 
20/5/20

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about 16 years ago · edited over 13 years ago
A very bizarre verdict I reckon 
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about 16 years ago · edited over 13 years ago
It was only at District Court level so hopefully it is appealed and put right.

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about 16 years ago · edited over 13 years ago
So the reasoning is... That this was similar to a house on fire, and they broke in to put it out?
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about 16 years ago · edited over 13 years ago
THEY SAVED THE IRAQIS!!!1

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about 16 years ago · edited over 13 years ago
f**king Bullsh*t Decision.


why?

What do we know about the spy base and what it does?

Here's what an ex-CIA defence commentator had to say from a recent survey:

Given the range of people I have spoken to, this is not just the comments of a small group of disgruntled personalities. At another time I will reflect on what was specifically said about those people and agencies involved in security policy�that the MoD is less than useless, that the NZDF is a bastion of short-sightedness and political ignorance, that the NZSIS is a politicised, vengeful, incompetent cesspit, that the EAB is worthless and deservedly ignored, that the Police are as much a problem as they are a solution to domestic security issues, that the advice of all of these agencies and others are routinely ignored by the politicians in government at the moment

http://www.kiwipolitico.com/2010/03/the-limitations-of-n-8-wire-and-how-the-politicalpolicy-talent-bench-is-so-thin/


We're paying for it and we don't know what we are selling to whom, and who's getting killed as a result. Have to say I'm surprised at the verdict, but that's why we have juries- because we can't always trust the police and the lawmakers to have our best interests at heart.

It only took them 2 hours to come to the decision.



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about 16 years ago · edited over 13 years ago
Tegal wrote:
dairyflat wrote:
Tegal wrote:
They might believe me to be a threat,kill me,then get a not guilty verdict.
Do you really think in that case they'd be able to convince a jury? Anyway, how much of a threat are you?
 
Doesnt matter how ridiculous it is,as long as they genuinely believe it to be true. Makes the law have a pretty wide scope now,bad bad precedent.


Stupid scaremongering. It is non-violent civil disobedience. They deflated a massive beach ball around a satellite dish.

"You can break into a house to save the kids if the house is on fire" "We attacked property in a fairly moderate way"

http://www.3news.co.nz/Spy-base-protesters-walk-free/tabid/368/articleID/146876/Default.aspx




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about 16 years ago · edited over 13 years ago
I'm anti- Waihopi and don't believe intelligence shd be gathered on NZ soil for a war even our govt decided not to be part of but they admited they caused the damage so I don't believe they shd recieve a not guilty verdict. You can't be not guilty of a crime you admit you did... but you shd be able to plead guilty then get jst a smack on the hand
 
and lol having once been a hard core protector then found the error of my ways... how do guys like these keep breeding. their hair (wether hippe or not) is soooo unattractive
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about 16 years ago · edited over 13 years ago
I get the breaking into a house to save someone thing, not being 'breaking and entering' because there is an immediate threat and you are not doing it because you really want to do damage or break the window or be there particularly.
There is no immediate danger from recording phone and email. 
I reckon it is time to do away with juries in trials that involve political motives because the temptation to take bias over law is overwhelming.
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about 16 years ago · edited over 13 years ago
I'm actually quite amazed that 12 people agreed on this topic as there are always people on both sides who are either instinctively pro or anti the USA and its spying (supposedly also for the greater good), and they wd usually be biased in both directions and completly be unwilling to sway. Even in sumwhat liberal Wgtn in any group of people you will always find a cpl who believe that america shd do what it needs to to look after the civilised world
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about 16 years ago · edited over 13 years ago
Interesting point about liberal Wellington, if that trial had been in Chch do you think the verdict would have been the same?

www.kiwifromthecouch.blogspot.com

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about 16 years ago · edited over 13 years ago
bopman wrote:
Interesting point about liberal Wellington, if that trial had been in Chch do you think the verdict would have been the same?
 
That's really complicated because many of the liberals Wellingtonians wd be like me and always get out of jury duty because of their jobs/businesses etc. Jury makeup in NZ is like the rest of the world and becoming very much a lower class mix. The middle classes can't afford to take a week off at the offered rate and the well to do have always had a history of not wanting to waste their time.
 
I'd actually like to serve on a jury and now have a job that cd prob afford to have me disappear for a week. But the thought of being charged with a crime scares me as I doubt I'd be judged by a jury of my peers... more by a jury of people who are out of work or on a low wage or the occasional person who thinks they shd take part in the legal system.
 
I'm guessing chch wd have more rural farmer types and poss army rostered onto juries so then they wdnt have got off
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about 16 years ago · edited over 13 years ago
That's a little scary Edward.

So if the police deem a case to have political motives the usual due process doesn't apply?

Juries are an important part of our justice system. I know so many people who knock back their jury service- but it is an important civic duty.

If you or someone with your views on the case had been selected for the jury they wouldn't have been acquitted.

I'm not supporting their views. I don't have an opinion at this stage on that.

Do you know what is recorded from the spy base? Do you know what actions are taken on that basis? Should we?

The not guilty verdict is not necessarily a commentary on the spy base, but might be a balancing of harm done to the punishment.

Iif this is such an important spy base, it is a bit of a joke that three long haired non-commando looking types can breach the security.

I wonder what the judge advised the jury before they went in?




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about 16 years ago · edited over 13 years ago
bopman wrote:
Interesting point about liberal Wellington, if that trial had been in Chch do you think the verdict would have been the same?


You Christchurch haters forget that Chch had an openly gay mp. Not so easy to stereotype.


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about 16 years ago · edited over 13 years ago
martinb wrote:


The not guilty verdict is not necessarily a commentary on the spy base, but might be a balancing of harm done to the punishment.

Wouldn't the best way to do that be find them guilty and then don't punish them?

www.kiwifromthecouch.blogspot.com

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about 16 years ago · edited over 13 years ago
bopman wrote:
martinb wrote:


The not guilty verdict is not necessarily a commentary on the spy base, but might be a balancing of harm done to the punishment.

Wouldn't the best way to do that be find them guilty and then don't punish them?


We're only guessing what made them come back in 2 hours with not guilty. Could have been any mix of things.

(goes to check the charge)

Okay- well the defence seems to have been a bit of a strange one. Normally ignorance of the law doesn't apply as a defence. Here it seems they got off as it was argued they genuinely believed their actions were lawful.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10632804&pnum=2




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about 16 years ago · edited over 13 years ago
bopman wrote:
martinb wrote:


The not guilty verdict is not necessarily a commentary on the spy base, but might be a balancing of harm done to the punishment.

Wouldn't the best way to do that be find them guilty and then don't punish them?
 
 
Sympathetic juries don't have say on sentencing. Tho i agree they shd have been found guilty then given a light sentence. They wdn't have been eligible for diversion cause all have been long time activists and involved in other incidences over the years. The worry is that these 3 wd all have been fully aware they might end up in prison and they were quite prepared to be a matyr to their cause but others not so bright might get the idea they can do similar things then whammo find the full force of the law thrown at them
stealthkiwi2010-03-18 15:39:27
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about 16 years ago · edited over 13 years ago
martinb wrote:
bopman wrote:
martinb wrote:


The not guilty verdict is not necessarily a commentary on the spy base, but might be a balancing of harm done to the punishment.

Wouldn't the best way to do that be find them guilty and then don't punish them?


We're only guessing what made them come back in 2 hours with not guilty. Could have been any mix of things.

(goes to check the charge)

Okay- well the defence seems to have been a bit of a strange one. Normally ignorance of the law doesn't apply as a defence. Here it seems they got off as it was argued they genuinely believed their actions were lawful.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10632804&pnum=2


It is a very odd one, for me Ignorance of the Law not being defence needs to be completely black and white.
 
Did the judge allow the defence because of the honestly held belief (wouldn't it need to be reasonably held aswell)?
 
Irrespective of the politics of the whole thing I think the decision is worrying and somewhat difficult

www.kiwifromthecouch.blogspot.com

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about 16 years ago · edited over 13 years ago
Read the article and tell me. You're doing a ba-llb or something aintcha?


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about 16 years ago · edited over 13 years ago
Ive just finished one yeah.
 
Hmmm I see where it fits under Section 2, as I said earlier I dont think s25 should be qualified by anything as s2 seems to do.
 
Ignorance of the Law not being a defence is a fundamental plank of criminal law.
 
I think the other element that changes this is the fact it is Private Property (well Government I presume but still). Make a mistake that the speed limit was 50 I can kind of understand but to think you have the right to damage private property stretches it a little to far.
 
I guess then you are getting into thesubjective intent of the acused. Oh god I am driving myself round in a circle.
 
Its a bad decision. Interesting to see what the Crown does but it would also be interesting to see what the Judge driected the jury.
bopman2010-03-18 16:17:23

www.kiwifromthecouch.blogspot.com

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about 16 years ago · edited over 13 years ago
I'm a green voting lefty, and I think this decision is ridiculous. Honestly held belief that this action is saving lives is not enough to outweigh actual damage - for me they should need to prove actual risk to lives. Under the logic of this decision, people who disagree with abortion would have the ability to burn down abortion clinics/family planning clinics because they honestly believe that these places commit/facilitate murder.

If you can support the juries decision, and disagree with the above scenario, then you are simply a hypocrite that believes that their own personal beliefs can outway the rule of law.

As I said, for me, it needs actual proof of an actual risk to a person, not just theoretical.
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about 16 years ago · edited over 13 years ago
aitkenmike wrote:
I'm a green voting lefty, and I think this decision is ridiculous. Honestly held belief that this action is saving lives is not enough to outweigh actual damage - for me they should need to prove actual risk to lives. Under the logic of this decision, people who disagree with abortion would have the ability to burn down abortion clinics/family planning clinics because they honestly believe that these places commit/facilitate murder.

If you can support the juries decision, and disagree with the above scenario, then you are simply a hypocrite that believes that their own personal beliefs can outway the rule of law.

As I said, for me, it needs actual proof of an actual risk to a person, not just theoretical.
Thats not quite what the judge allowed, they believed the law was different. They believed their actions were within the law and so they had a defence available of mistake of the law.

www.kiwifromthecouch.blogspot.com

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