NSW Premier Dominic Perrottet is pleased that a Sydney magistrate jailed protester Deanna “Violet” Coco on Friday. But he is out of step with international and Australian human rights and climate change groups and activists, who have quickly mobilised to show solidarity.

On Monday, protests were held in Sydney, Canberra and Perth calling for the release of Coco who blocked one lane of the Sydney Harbour Bridge for half an hour during a morning peak hour in April.

She climbed onto the roof of a truck holding a flare to draw attention to the global climate emergency and Australia’s lack of preparedness for bushfires. Three other members of the group Fireproof Australia, who have not been jailed, held a banner and glued themselves to the road.

Coco pleaded guilty to seven charges, including disrupting vehicles, possessing a flare distress signal in a public place and failing to comply with police direction.

Magistrate Allison Hawkins sentenced Coco to 15 months in prison, with a non-parole period of eight months and fined her $2500. Her lawyer Mark Davis has lodged an appeal which will be heard on March 2, 2023.

Unusually for a non-violent offender, Hawkins refused bail pending an appeal against the sentence. Davis, who will again apply for bail in the District Court next week, said refusal of bail pending appeal was “outrageous”.

Climate change protester sentenced to jail over Sydney Harbour Bridge protest. Video: News 24

‘People shouldn’t be jailed for peaceful protest’
In Sydney, about 100 protesters gathered outside NSW Parliament House and then marched to the Downing Centre. The crowd included members of climate action groups Extinction Rebellion, Knitting Nannas and Fireproof Australia but also others who, while they might not conduct a similar protest themselves, believe in the right of others to do so.

One of the protest organisers, Knitting Nanna Marie Flood, was unable to attend due to illness. Her message called for the release of Coco and an end to the criminalisation and intimidation of climate activists.

It was read by another Knitting Nanna, Eurydice Aroney:

“Nannas have been on Sydney streets protesting about gas and coal mines for about 8 years now. Over that time we’ve had lots of interactions with the Sydney Events police, and not a lot of trouble.

“You could say we are known to the police. We were amused and surprised at the recent climate emergency rally at town hall, when one of the police said to some Nannas that he thought we’d fallen in with the wrong crowd!

“Looks like we better clear some things up.”

“We ARE the crowd who knows that climate action is urgent and it starts with stopping new gas and coal. We know the importance of public protests to bringing about social and political change.

“We will stand up against any move to take away the democratic right to protest. What is happening to Violet Coco is a direct result of the actions of the NSW government with the support of the ALP opposition.”

The message ended with a call to all climate activists: “Now is the time to BE THE CROWD — we can’t afford to fall for attempts to divide the climate movement. We all want to save the climate, and to do that we need to protect democracy.”

The Knitting Nannas have launched a challenge to the validity of the protest laws through the Environmental Defenders’ Office.

Snap rally at NSW Parliament and a march to the courts at the Downing Centre where climate activist Violet Coco was sentenced to 15 months in prison last week.

We demand repeal of the draconian anti-protest laws, an end to new fossil fuel projects and serious climate action now! pic.twitter.com/F1Yxs8L0DG

— Padraic Gibson (@paddygibson) December 5, 2022

One of those attending the protest was Josh Pallas, president of NSW Council for Civil Liberties. Civil Liberties has been defending the right to protest in NSW for more than half a century.

In a media release, he said: “Peaceful protest should never result in jail time. It’s outrageous that the state wastes its resources seeking jail time and housing peaceful protesters in custody at the expense of taxpayers.

“Protesters from Fireproof Australia and other groups have engaged in peaceful protest in support of stronger action on climate change, a proposition that is widely supported by many Australians across the political divide and now finding themselves ending up in prison.

“Peaceful protest sometimes involves inconvenience to the public. But inconvenience is not a sufficient reason to prohibit it. It’s immoral and unjust.”

Deputy Lord Mayor and Greens Councillor Sylvie Ellsmore told the crowd that they had the support of the City of Sydney which recently passed a unanimous motion calling for the repeal of the NSW government’s draconian anti-protest laws.

“If you are a group of businesses in the City of Sydney and you want to close the street for a street party, this state government will give you $50,000. If you are a non-violent protester who cares about climate change and you are blocking one lane of traffic for 25 minutes, they will give you two years [in jail].

“We know these laws are designed to intimidate you… Thank you for being the front line in the fight. you are the ones to put your bodies on the line to protest about issues we all care about, ” she said.

Amnesty International support for democracy
Amnesty International spokesperson Veronica Koman emphasised how important it was to see the defence of democratic rights from a regional perspective. She said that Amnesty was concerned that severe repression of pro-independence activists in West Papua was spreading across to other parts of Indonesia.

She fears the same pattern of increasing repression taking hold in NSW.

Human Rights Watch researcher Sophie McNeil, who has won many awards for her journalism, was another person who was quick to respond.

“Outrageous. Climate activist who blocked traffic on Sydney Harbour Bridge jailed for at least eight months” she tweeted on Friday.

Since then she has followed the issue closely, criticising the ABC for failing to quote a human rights source in its coverage of the court case and speaking at a protest in Perth on Monday.

Today she posted this tweet with a short campaigning #FreeVioletCoco video that has already attracted nearly 13,000 views:

Authorities in #Australia are disproportionately punishing climate activists in violation of their basic rights to peaceful protest

Violet Coco has been sentenced to 15 months in prison

Her crime? A peaceful protest that lasted 25 minutes#FreeVioletCoco @hrw pic.twitter.com/5qhyCWs2fk

— Sophie McNeill (@Sophiemcneill) December 5, 2022

‘If you’re reading this, you’ll know I am in prison’
In jailing Coco, Magistrate Hawkins went out of her way to diminish and delegitimise her protest. She described it as a “childish stunt’ that let an “entire city suffer” through her “selfish emotional action”.

Coco has been involved with climate change protests for more than four years and has been arrested in several other protests. On one occasion, she set light to an empty pram outside Parliament House.

Rather than fight on technicalities, she chosen to plead guilty, knowing that if the magistrate was hostile, she could be taken into custody at the end of Friday’s hearing.

Several steps ahead of her critics, she made a video and wrote a long piece to be published if she went to prison.

The piece begins: ”If you are reading this, then I have been sentenced to prison for peaceful environmental protest. I do not want to break the law. But when regular political procedure has proven incapable of enacting justice, it falls to ordinary people taking a stand to bring about change.”

She describes how her understanding of the facts of climate science and the inadequacy of the current response led her to decide to give up her studies and devote herself to actions that would draw attention to the climate emergency.

“Liberal political philosopher John Rawls asserted that a healthy democracy must have room for this kind of action. Especially in the face of such a threat as billions of lives lost and possibly the collapse of our liveable planet.

“But make no mistake — I do not want to be protesting. Protest work is not fun — it’s stressful, resource-intensive, scary and the police are violent. They refuse to feed me, refused to give me toilet paper and have threatened me with sexual violence.

“I spent three days in the remand centre, which is a disgusting place full of sad people. I do not enjoy breaking the law. I wish that there was another way to address this issue with the gravitas that it deserves.”

She describes how she has already been forced to comply with onerous bail conditions:

“I was under 24 hour curfew conditions for 20 days in a small apartment with no garden. After 20 days effectively under house arrest, my curfew hours changed — at first I could leave the house for only 5 hours a day for the following 58 days, then 6 hours a day under house arrest for the following 68 days.

“This totalled 2017 hours imprisoned in my home for non-violent political engagement in the prevention of many deaths. Cumulatively, that is 84 days or 12 weeks of my freedom.”

Premier Perrottet says he does not object to protest so long as it does not interfere with “our way of life”.

If it does, individuals should have the “book thrown at them.”

His “way of life” is one in which commuters are never held up in traffic by a protest while endlessly sitting in traffic because of governments’ poor transport planning.

A way of life in which it is fine for governments to take years to house people whose lives are destroyed by fires and floods induced by climate change, to allow people to risk death from heat because they cannot afford air conditioners, open more coal and gas operations that will increase carbon emissions and turn a blind eye to millions of climate refugees in the Asia Pacific region.

It involves only protesting when you have permission and in tightly policed zones where passers-by ignore you.

Labor still backs anti-protest laws
Leader of the Opposition Chris Minns also says he has no regrets for supporting the laws which he says were necessary to stop multiple protests.

But laws don’t target multiple actions, they target individuals. He has not raised his voice to condemn police harassment of individual activists even before they protest and bail conditions that breach democratic rights to freedom of assembly.

There was no visible Labor presence at Sydney’s rally.

Perrottet and Minns may be making right wing shock jocks happy but they are out of line with international principles of human rights.

They also fail to acknowledge that many of Australia’s most famous protest movements around land rights, apartheid, Green Bans, womens’ rights, prison reform and environment often involved actions that would have led to arrest under current anti-protest laws.

They display an ignorance of traditions of civil disobedience. As UNSW Professor Luke Macnamara told SBS News: “[V]isibility and disruption have long been the hallmarks of effective protest.”

He believes disruption and protest need to go hand in hand in order to result in tangible change.

“There’s an inherent contradiction in governments telling protesters what are acceptable, passive, non-disruptive means of engaging in protests, when the evidence may well be that those methods have been attempted and have proven to be ineffective,” he said.

“It’s not realistic on the one hand to support the so-called ‘right to protest’, and on the other hand, expect the protest has no disruptive effects. The two go together.”

Wendy Bacon was previously a professor of journalism at the University of Technology Sydney and is an editorial board member of Pacific Journalism Review. She joined the protest. This article was first published by City Hub and is republished with the author’s permission.

Article by AsiaPacificReport.nz

An anti-vaccination campaigner who this year became the first person ever accused of breaching New Zealand’s sabotage laws has again appeared in court.

Taupō man Graham Philip was charged with seven counts of sabotage in May, relating to an alleged attack on New Zealand infrastructure late last year. He has pleaded not guilty to all charges.

The exact details of what the Crown alleges remain suppressed until trial, due to what Open Justice understands is a fear of copycat offending.

Philip appeared via audio-visual link in the High Court at Rotorua yesterday, sitting calmly in the booth as his lawyer addressed Justice Graham Lang.

Philip’s previous lawyer Matthew Hague has withdrawn from the case, with Philip now represented by Tauranga lawyer Bill Nabney.

Philip is currently held at Waikeria Prison in Waikato after his bail application was denied earlier this year.

A planned Court of Appeal challenge to the bail decision has been abandoned and Philip will remain in prison until his trial, set down for late next year.

Sabotage defined
Under the Crimes Act, sabotage is legally defined as any activity which impairs or impedes the operation of “any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant” on New Zealand shores.

A person can also be charged with sabotage if the person “damages or destroys any property which is necessary to keep intact for the safety or health of the public”.

A conviction also requires a proven intent to prejudice the health or safety of the public.

Each charge carries a maximum sentence of 10 years’ imprisonment.

This article is republished under a community partnership agreement with RNZ. This story originally appeared in the New Zealand Herald under the Public Interest Journalism Initiative funded by NZ on Air.

Article by AsiaPacificReport.nz

A testing centre is being set up at a marae in New Zealand’s Waikato settlement of Kaiaua today after three community cases of covid-19 were confirmed in the region.

They are household members of a man with the virus who is in remand at Mount Eden prison in Auckland.

The Ministry of Health said two of the cases went to Mangatangi School and one had symptoms while there.

The National Māori Pandemic Group says the new cases mean Cabinet must keep Auckland at level 4 and include Waikato, and wants the upper North Island in level 3 as a precaution.

Te Korowai Hauora o Hauraki says drive-in swabbing will be done at Wharekawa Marae in Whakatīwai.

The government is due to announce any possible alert level changes this afternoon and it is unclear how the development in Waikato will affect its decision.

‘Irresponsible,’ says mayor
Waikato District Mayor Allan Sanson said the prisoner should never have been bailed outside Auckland to the area where cases of covid-19 have now been discovered.

The prisoner spent more than a week there on electronically-monitored bail.

The infections were discovered after the man returned to prison in Auckland and tested positive for the virus.

Sanson told RNZ Morning Report it was “totally irresponsible” to send a prisoner on bail outside the lockdown boundary and into the small community.

“There needs to be questions asked as to why it actually happened,” he said.

“I would have thought if you were bailing somebody you would have bailed them into Auckland, and not out of the Auckland area.

“They don’t let anyone else out of Auckland into a level 2 area without them having tests now, so what’s the difference with this? This person’s been in the community for well over a week.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

By Lian Buan in Manila

A Philippines court has issued arrest warrants against former senator Antonio Trillanes IV and 10 other people for conspiracy to commit sedition, the court confirmed.

The branch clerk of Quezon City Metropolitan Trial Court (MeTC) Branch 138 confirmed today that the warrants had been issued by Judge Kristine Grace Suarez to all 11 charged in a case over the so-called Bikoy Ang Totoong Narcolist (The True Narcolist) videos.

The accused, including two priests, will be arraigned on Monday at 2 pm.

READ MORE: Trillanes, from mutiny to amnesty

As many as three people have posted bail at P10,000 (about NZ$310) each, said the clerk. The clerk refused to disclose their identities but two of those who posted bail were priests Flaviano Villanueva and Albert Alejo.

A copy of the warrants were also not provided.

Besides Trillanes, the 10 others charged are:

Peter Joemel Advincula, alias Bikoy
Fr Flaviano Villanueva
Fr Albert Alejo
Yoly Ong-Villanueva
Boom Enriquez
Jonnell Sanggalang
JM Saracho
Eduardo Acierto
Vicente Romano
A certain “Monique”

Last year, Advincula accused members of the opposition, as well as ranking figures in the Catholic Church and human rights lawyers, of conspiring to oust President Rodrigo Duterte through what he claimed was an operation code-named Project Sodoma, which involved producing and releasing the narcolist videos.

Robredo cleared
On Monday, February 10, the Department of Justice filed charges against Trillanes and 10 others over the Bikoy videos but cleared Vice-President Leni Robredo, senators Leila de Lima and Risa Hontiveros, former senator Bam Aquino, former Magdalo representative Gary Alejano, and Otso Diretso candidates Erin Tañada, Chel Diokno, and Florin Hilbay.

All complaints against human rights lawyers, bishops, and members of the Integrated Bar of the Philippines were also dropped.

Trillanes, a fierce critic of Duterte, was first arrested under the Duterte administration on September 2018, when he was a sitting senator, for the charge of rebellion. This stemmed from Duterte’s Proclamation No. 572 which sought to revoke the amnesty granted to him in connection to the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

The opposition and human rights groups slammed the September 2018 arrest as part of the Duterte government’s crackdown on vocal critics.

Published under a Creative Commons licence.

Article by AsiaPacificReport.nz

By Rambo Talabong in Manila

Outspoken critic Senator Antonio Trillanes IV has become the second opposition senator to be arrested under the Duterte presidency.

A team led by Makati police chief Senior Superintendent Rogelio Simon confirmed that the police served the arrest warrant on Trillanes yesterday for the charge of rebellion, hours after the document was released by Makati Regional Trial Court Branch 150 Executive Judge Elmo Alameda.

Senate Sergeant-at-Arms Jose Balajadia told reporters that the police followed protocol. He said the National Capital Region Police Office director Chief Superintendent Guillermo Eleazar served the warrant on Trillanes.

READ MORE: Why the Senate backed Trillanes but not De Lima vs Duterte – by Camille Elemia

Eleazar said in an interview on ANC that Trillanes voluntarily went with the arresting team. The senator had earlier said he would not resist arrest providing police presented a the proper warrant.

Trillanes was brought to the Makati City Central Police Station for charging procedures.

He was then taken to Makati RTC Branch 150 to post the bail of P200,000 (NZ$5600). He was accompanied by fellow opposition senators Kiko Pangilinan, Paolo Benigno Aquino IV, and Risa Hontiveros; as well as his Magdalo party colleagues.

-Partners-

The judge signed Trillanes’ release order before 5 pm.

Rebellion charge revived
The rebellion charge against Trillanes was revived after President Rodrigo Duterte issued Proclamation No. 572, revoking an amnesty granted to the senator in connection to the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

Trillanes had questioned then Police Chief Ronald Del Rosa about extrajudicial killings in Duterte’s bloody, protracted war on drugs, and had also organised the testimony of former members of an alleged death squad that operated under the president while he was mayor of the city of Davao in the country’s south, reports CNN Philippines.

Another opposition senator, Leila de Lima, also a fierce critic of Duterte, has been detained in Camp Crame since February 2017, for drug charges.

Rambo Talabong is a journalist with the independent news website Rappler. Asia Pacific Report publishes under a Creative Commons licence.

Article by AsiaPacificReport.nz

By Keith Jackson in Noosa

In a shock development in Papua New Guinea’s Schram case, the former vice-chancellor of the PNG University of Technology has said he will not return to Papua New Guinea “until major changes occur in the country”.

Dr Schram said he has been the subject of a “political prosecution” and will forego bail rather than return to an uncertain legal future in PNG.

“[We entered] a parallel world where lies are truth and all people are blind, deaf and mute,” he wrote in Facebook of the charge of “false pretence” he is facing.

READ MORE: My arrest: Wrongful dismissal and malicious prosecution in PNG

“In this world, you are completely alone because there is no point in trying to have a reasonable conversation with anyone. A truly terrifying world, but the truth will set us free.”

News story of the Sevua report backing Dr Schram in The National. Image: File

But Dr Schram said he will still go through “the costly process” of getting his original doctorate legalised and send it through diplomatic channels to the committal court in Waigani.

-Partners-

“This should clear all charges for ever,” he said.

Last Tuesday, against the wishes of police prosecutor Kila Tali, national court judge Panuel Mogish had varied Dr Schram’s bail conditions and ordered his passport be returned to enable him to travel to Italy to obtain the credentials which would have been prime evidence in a court hearing on a charge that Dr Schram engaged in “false pretence”.

Left at weekend
Dr Schram and his wife Paulina left Papua New Guinea on Saturday ostensibly to retrieve the doctoral qualifications from the European University Institute in Florence.

“We got out,” Dr Schram emailed me from Singapore yesterday, “probably not able to come back until major changes occur in the country.”

“In his judgement on May 22 on the bail conditions, the judge in the national court was deliberately explicit on the substantive case,” Dr Schram has written on his Facebook page.

“There is not a shred of primary evidence suggesting I have falsified anything, while there is overwhelming evidence that in fact my doctorate is genuine,” he said.

“Finally an independent judge has said what anyone with common sense could have concluded since the complaints were made in 2012.”

Dr Schram quoted Justice Mogish as writing in his judgement:

“In spite of this overwhelming evidence (presented by Dr Schram) Mr [Ralph] Saulep continues to dispute the authenticity of the applicant’s doctorate degree. I find this ridiculous and difficult to fathom especially when neither he or the police are in receipt of evidence from the European University Institute in Florence Italy, confirming their allegations and suspicions”.

The judge continued:

“The current charge, with respect, lacks the primary evidence to prove the elements of falsity. Whether they will have such evidence by the 12 June 2018 (the next hearing) is anyone’s guess. The reality is that they have failed to do so when the allegations were raised in 2012.”

Case ‘will be thrown out’
Dr Schram said: “It stands to reason the case will be thrown out at some point in time and my innocence will be established.

“All this is of course is damaging for police and the complainant – former pro chancellor Ralph Saulep….. Since the conditions for the settlement with the [current Unitech] Council, which included no criminal prosecution, have now been violated, I do not consider myself bound to this agreement.

“In any case, for justice to prevail and the people of PNG to be liberated from police abuse, I must describe the facts.”

Dr Schram said he and his wife Paulina “did not come to [PNG] to get rich but neither did we expect the financial ruin we are facing now.

“The legal fight with the [Unitech] Council for wrongful dismissal first and now the fight for my malicious prosecution by the police has drained all of our resources.”

He said he missed two job interviews because of his arrest and, when the charges are cleared, he will claim damages for “all the financial losses, opportunity costs and defamation of character I suffered”.

Dr Schram also said a parliamentary inquiry was warranted into police abuse in his case.

Police ‘need restructuring’
He concluded:

“Like for all of us academics, journalists and other knowledge workers who cannot return to the country, it makes us sad that until amends are made and the police have been restructured and [brought] under control, we will not be able to see our friends and our new and beloved family in PNG.”

When varying the bail conditions last week, Justice Mogish said it would be academic and career suicide for Dr Schram to abscond from bail and not return to PNG.

“I do not think any reasonable man would just walk away leaving a trail of serious allegations unanswered,” he said.

“His standing in the academic world would be seriously affected.”

Whether or not the judge’s words will be borne out, time will tell.

But it does seem that, given these dramatic circumstances, Dr Schram’s hopes for vindication are unlikely to be realised.

Small price to pay
Then again, Albert and Paulina Schram may feel this is a small price to pay.

They had found themselves is a totally powerless position on what appeared to be a trumped up charge in a country where they doubted the politics surrounding their predicament would allow justice to prevail no matter what the court decided.

This has emerged as something of a cautionary tale for outsiders who sail too close to Papua New Guinea’s political winds.

Keith Jackson is a retired journalist, broadcaster, administrator and media educator and has held senior positions in Australia and Papua New Guinea. This article was first published on his blog PNG Attitude and is republished by Asia Pacific Report with permission.

Article by AsiaPacificReport.nz