Waihopai trial update

The three Ploughshares activists accused of popping the dome at the Waihopai spybase in April 2008 began the arduous journey through a defended hearing today. The three, Sam Land, Adi Leason and Father Peter Nurmane each face three charges: 1 of burglary and two of intentional damage. A colourful solidarity vigil and march preceded the start of court this morning with a hundred + supporters and comrades showing their solidarity.

A jury was impaneled and the Crown opened by outlining the elements of each charge that must be made, beyond a reasonable doubt, in order for a conviction on each charge (e.g. the jury will render a total of 9 verdicts).

On the intentional damage charge the crown must prove:

1. That they destroyed or damaged property
2. That they did so intentionally or recklessly
3. That they did so without ‘claim of right’ (e.g. that they believed it was legal to do so)
4. That they had no interest in the property (e.g. a legal interest in it)

On the burglary charge, the crown must prove:

1. They entered an enclosed yard
2. That they had no authority to do so
3. They intended to commit an offence.

 In the court, Father Peter is representing himself, while Sam Land is represented by Antony Shaw and Adi Leason by Mike Knowles. All three gave impassioned opening statements about the immediate necessity of disarming Waihopai as a contributor the human death and suffering in the so-called ‘war on terrorism’.  

In his statement Father Peter said that it was necessary because:

1. Human life was in danger in foreign lands
2. That the 3 had a ‘claim of right’ to the action
3. That democracy and free process were not allowed in terms of foreign intelligence gathering, thus there was no other means available to them to remedy the situation

It appears that the ‘owners’ of the spybase will not be fronting up as the crown case consists solely of 8 witnesses: 1 security guard at the base and 7 cops. It will  be interesting to see how they can maintain a charge of damage when it appears no one is willing to claim ownership of the premises.

The trial is in courtroom 3 of the Wellington District Court – it is open to the public so please come down to show your support for these courageous people.

The case is set down for 8 days, and there are a wide variety of solidarity activities going on all week. Check out www.converge.org.nz/pma for details of all events.