An open letter to the G20 arrestees:

Hi all. Wondering who you are and how you’re going. Have been going to a few of
the solidarity meetings. Its funny that I haven’t seen any of you there. Its
pretty difficult to run a campaign in solidarity with people when you don’t
know:
who they are
what they’ve been charged with
what they want to do

But anyway, we press on. I hear on the grapevine that you’ve been charged
variously with:
riot
affray
conduct endangering life

Riot and affray are pretty standard to any student demo. conduct endangering
life is a new one though. And just today some kids in Sydney have been charged
with burglary - very weird. I’m not sure what they’re supposed to have
burgled….
Anyway, apparently they’ve been tracked down by the Victorian anti-terror
police. This is kind of scary - the repression is being ratcheted up - or at
least the waters are being tested.

And from the perspective of the state, the water seems fine…

My understanding of conduct endangering life is that it is a charge that alleges
that you engaged in conduct that could have caused death, whereas conduct
endangering persons is saying that you could have hurt somebody. This is a
fucking ambit claim - but its a useful way to scare the shit out of people and
get them to hang on the every word of their lawyers. Lawyers are naturally
conservative beasts - I’ve only ever heard one lawyer tell student protesters
that the best way to get out of the charges was to fight them politically,
through rallies, public meetings, etc. And he was right in my case.
Unfortunately, he now works for the Police Association…. Fuck you Marcus
Clayton, if you’re reading this. I know that the lawyers are telling you that a
political campaign will endanger your legal defence because it demonstrates that
you show no remorse - remorse for what exactly? Have you done something wrong?
Of course not!

But I don’t think the legal wranglings are the real problem - as easy as it is
to blame Rob Stary for the shitty outcome of the Monash case in 2004 (where the
Monash occupiers signed an apology letter, printed in the student paper to avoid
convictions - a smaller group of three people copped guilty without conviction
thanks to the genius of another lawyer - a meaningless difference in this state
because the Vic cops insist on sharing such info with others in other
jurisdictions), actually the real problem with the Monash campaign was that the
students trusted their lawyers, and abrogated any political responsibilities to
themselves and to the campaign. They internalised the idea that they had
something to apologise for, and that actually, they should NOT have crossed the
bounds of law and order in their pursuit of the campaign objectives. That’s why
they said sorry - their apology also promised that they wouldn’t do it again. I
am sure that’s the case, cos most of them were law students who seem to think
that the law is something that we should be upholding rather than challenging.

You know what I think the problem is? I have a fear that maybe you guys think
that you have done something wrong. This astounds me.

The key element of the repression we’re seeing at the moment is the
internalisation of that repression. People have gone “underground” for fear of
police repression - so the repression has been successful. Congratulations - the
cops have won already. The arrestees don’t even want to be in a room together
because of bail conditions (bail conditions which have been challenged and
defeated by others) - the cops have already won. The criminalisation of protest
has been successful - because people are behaving like they’re naughty, like
they have something to hide. But people don’t.

What happened at G20 was a response to not only a concerted campaign of
harrassment of squats and activists throughout the week by a police taskforce,
but also to the very real violence of the G20. The city was shut down so that
the G20 could meet behind an unprecented security cordon. A police van was
slightly damaged in response. The G20 has no right to exist, no right to meet.
We tried to stop it. We didn’t, but the attempt to do so was justified, and such
behaviour should be encouraged. We are after all part of a global movement
against these institutions and the governments that support them - look at what
the kids are getting up to in Colombia and across Latin America right now. Jolly
good show.

Now, people have gone “underground” like its Chile in the 70s or something. Give
me a fucking break. The only way to defend these actions is to defend them
publicly. If we don’t want to suffer police repression, then we shouldn’t suffer
police repression. We should openly combat it. There are those who have
challenged the bail conditions - but they’re still scared to talk about a
defence campaign because their lawyers are telling them not to. When people hand
over their political responsibilities to their lawyers, we’re in serious
trouble.

There has been no public challenge to the idea that we did something wrong. If
the arrestees don’t want to run a campaign cos they’re scared of going to jail -
a ridiculous suggestion unless of course the political climate is allowed to
remain so hostile to protest that the prosecution reckon they can really test
the waters enough to try to get away with jail terms - others need to. I think
the only way that people will get seriously done on these charges is if we allow
the demonisation to continue. Jack Thomas had a lot more to worry about with
going public, and the only time he got in trouble was when he listened to his
lawyers and went on ABC to do an interview. There’s a lesson in that for all of
us.

So, to the arrestees: if you don’t want to come to meetings, that’s fine. Maybe
you could post to email lists of Indymedia anonymously, whatever. But please -
we kind of need to know what is going on. We need updates about what your
lawyers are telling you, what discussions, if any, you have had with people
being represented by different legal teams, and if not, why not. If you need
help challenging the ridiculous bail conditions (this costs money, I know), give
us a call. We can provide assistance and monies to do this. Its pretty important
that all of you get in a room together to talk about what we need to do, and
discuss political strategy with people involved in these movements and campaigns
- ie not your lawyers. Otherwise you’re not going to have any involvement in
what is a pretty important campaign to push back the repression of protest. And
you’ll have to hang out with lawyers. yucky.

Liz “I was at the G20 protest and I had a great time” Thompson

herald sun

 FIVE people have been charged over Melbourne’s violent G20 protests following a series of dawn raids across Sydney.

Four men, aged 20 to 25, and a 17-year-old boy, were arrested during the raids across five Sydney suburbs by NSW Police and Victorian police attached to Operation Salver, established to investigate the protest.

The protests occurred on November 18 last year in streets surrounding Melbourne’s Grand Hyatt Hotel, which was hosting the summit of financial leaders from 19 countries plus the European Union.

A Victoria Police spokeswoman said items of clothing were seized during the raids, which were all conducted at about 6.30am (AEDT) today.

Sunil Menon, 25, from Darlington, Daniel Jones, 20, from Balmain East, Timothy Davis-Frank, 22, from Bronte, and Daniel Robins, 24, from Newtown, were granted bail in Sydney’s Central Local Court today.

The 17-year-old from Haberfield, who cannot be named for legal reasons, was granted bail in Bidura Children’s Court.

They have been charged with a variety of offences, including aggravated burglary, riot, affray, unlawful assembly, criminal damage and conduct endangering person.

All five, who were the subject of Victorian arrest warrants, will face Melbourne Magistrate’s Court on March 20.

The Stop the War Coalition said the raids were an attempt to intimidate anti-war activists in the lead-up to the APEC summit in Sydney in September.

Between eight and 15 officers were involved in each raid, which also involved three family homes, it said.

 ABC

Police makes further arrests over G20 protests

 

A body or property search is a serious invasion of privacy and can be used by police to try and implicate you in an offence.

To enter and search your home or private property, police usually need a search warrant issued by a court. In some circumstances police are entitled to enter premises without a warrant, such as:  

•  If you agree to the police entering,
•  If the police have a reasonable belief that a serious offence will be or has been committed and entry is necessary to make an arrest, 
• If entry is necessary to stop a breach of the peace, 
• If there has been a breach of an intervention order, 
• If the police are chasing someone who has escaped from custody, 
• If the police have a warrant for arrest, or 
• If the police have a reasonable belief that illegal drugs are on the premises.
• The police are also authorised to enter and search under some of the new ASIO law provision.  

If police do not have a warrant, and you believe none of the above circumstances apply, you can refuse entry to police to your property. If you feel that a search is unreasonable and you want to refuse try to make sure that you have friends and witnesses with you. 

To get a warrant to search a property, police must apply to a magistrate and provide sworn evidence, either in person or by affidavit. Although warrants give police wide-ranging powers, this power is confined to the exact terms of the warrant.

Generally, a search warrant must state:
1. That a police officer may enter the place and exercise search warrant powers at the place; and
2. If the warrant is issued in relation to an offence, a forfeiture proceeding or a confiscation related activity; and include brief particulars of the reason for which the warrant is issued;  
3. Any evidence that may be seized under the warrant; and
4. If the warrant is to be executed at night, the hours when the place may be entered; and
5. The day and time the warrant ends.

What a warrant authorise the police to do:
Once they have a warrant, police are only authorised to search a particular premises for items specified on the warrant. When the police officer is executing a search warrant the officer must give you a copy of the warrant: read it carefully and be aware of what it authorises. There will also be an expiry date on the warrant. If this date is expired the warrant is no longer current and therefore does not authorise the police enter or search the premises.

If the warrant is to search for a thing, it authorises the police to break, enter and search any place named or described in the warrant; to search for any article, thing or material of the kind described in the warrant; and to bring objects of interest before the court. In some circumstances they may also arrest any person apparently having possession, custody or control of the thing.

If the warrant is for the arrest of a person, it gives police the authority to break, enter and search any place where the person named or described in the warrant is suspected to be.

A search warrant grants police power to detain anyone at the property for the time reasonably necessary if police reasonably suspect a person has been involved in the commission of the offence, or to find out if the person has anything sought under the warrant.

A search warrant gives police the power to stay on the property for the time reasonably necessary to exercise powers authorised under the warrant.  It also gives police power to open anything in the relevant place that is locked, and power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence or confiscation related evidence to which the warrant relates.

For example, police cannot legally come to your house with a warrant for stolen electrical goods, and then attempt to take your address book. However, if they come across evidence of an offence (for instance, illegal drugs) while searching, they are entitled to take that and arrest you.

If police are searching your house or seizing items beyond the scope of the warrant, you can challenge their actions.   For example, if term of the warrant is to seize photographs, and police attempt to seize items such as clothes, this police action would be outside power granted by the warrant and illegitimate. You can question police before they search each part of a room / item on if and how their actions fit into the search terms of the warrant. After the police leave, and you believe police acted outside the terms of the warrant or in any way that was inappropriate you can also lodge complaints with the Office of Police Integrity (Victoria)   

If the police seize any items, either because they are suspected to be illegal or because they may be used as evidence in a criminal trial they must also have an adult occupier of the house to sign a statement certifying that they have taken these items.

Before the police leave the premises, they are required to ask an adult occupier of the house to sign a statement that they did not cause any damage or break anything on the premises. If the police did cause some sort of damage, you are entitled to not sign this and put in a complaint to the officers present at the time or to the Office of Police Integrity or the Police Ombudsman. This complaint would be assessment on the basis of whether the police actions were ‘reasonable’ in the circumstances.  

Do I have to go with Police if they ask me?
You must go with police to the Police Station if you are under arrest. The police do not need a warrant to arrest you.

If you are subject to a search warrant relating to G20 protests and unsure of your rights and Police powers, call Fitzroy Legal Centre on 03 9419 3744 or your local Legal Aid office (Victoria on 03 9269 023 may be contacted on 9269 023, and contact us: Ongoing G20 Arrestee Solidarity Network on 0408 307 722 or email afterg20@gmail.com

For further information see www.activistrights.org.au, especially http://www.activistrights.org.au/PolicePowersdetails.asp#BeingSearched and http://www.activistrights.org.au/PolicePowersdetails.asp#IfApproachedbyPolice

media release…

Wednesday, March 14, 2007

House raids and arrests of G20 protesters:
Defence campaign launched in Sydney
    
Five people have been arrested in Sydney this morning in relation to the G20 protests in Melbourne last November.

Five houses were raided in operations involving NSW, Victorian and Federal Police. The “Police Terrorism Investigation Squad” in reportedly co-ordinating the operation.

Supporters have formed a “G20 Defence Collective”, demanding immediate release of the protestors and the dropping of all charges.

“These actions by the ‘Police Terrorism Investigation Squad’ are a gross attack on democratic rights. That these police are even being used for protest matters is outrageous.” said Paddy Gibson from the G20 Defence Collective.

“Doors were kicked in this morning and places ransacked by dozens of police. The ‘Counter Terrorism’ unit is in fact being used to terrorise young people and their families, anyone who dares to stand up against the war and poverty being inflicted on the world by the G20. We demand all charges be dropped immediately.”

“These raids follow on the heels of brutal police intimidation of protestors during recent actions against US Vice-President Dick Cheney, where we were physically stopped from demonstrating and two people were hospitalised”, said Emma Torzillo from the Sydney Stop G20 collective.

“What about the 650,000 people that Howard, Cheney and other delegates to G20 have killed in Iraq? If the police are so concerned about ‘violence’ why don’t they raid Howard’s office – he is the real terrorist”.

“People across the country are turning fast against the war and these raids are simply an attempt to intimidate those who have been most active, particularly in the lead up to Bush’s visit at the APEC summit in September”.

“We will not be intimidated. Protests are happening tomorrow and Friday morning at 8:30 outside the Downing Centre local court demanding dismissal of charges laid during Dick Cheney’s visit. We will be there also demanding and end to the house raids and charges on G20 protestors”, said Ms Torzillo.

The G20 Defence Collective will join a rallies Thursday 15th and Friday 16th March at 8:30 am outside Downing Centre Local Court demanding an end to police intimidation of protest.

For more information or media statements contact:
Paddy Gibson 0415800586 Sydney University Student Representative Council or
Emma Torzillo 0412472224  Anti-War Action Group

Media Release
For Immediate Release
Wednesday 14/03/07
Anti-Terror Squad Raid and Arrest Protestors in Dramatic Swoop

The Victorian Terrorist Investigation Squad in conjunction with Federal, NSW and Victorian police raided at least 6 houses in Sydney this morning and arrested 5 protestors. The protestors have been charged with offences related to the G20 protests in Melbourne last November.

“The involvement of the anti-terror squad in persecuting people for their involvement in protest activity is extremely alarming,” said Anita Thomasson from the Ongoing G20 Arrestees Solidarity Network.

“Direct action is a legitimate protest tactic and expression of dissent that in no way constitutes terrorism. To imply as such is completely absurd. Direct action and civil disobedience both have a proud history of being part of movements for social change, from the suffragettes, to strikes for the 8 hour day, and more recently the gay rights movement in Tasmania.

“The use of anti-terrorist policing tactics and resources against protestors confirms the worst fears of civil liberties groups that anti-terror legislation would be used to threaten the basic civil liberties of ordinary people. Excessive policing has always been the norm in the state’s response to criticism or challenge, however now we are for the first time seeing anti-terror resources and powers designed to combat terrorism being used directly to target and survey protestors in Australia.

“The Ongoing G20 Arrestees Solidarity Network supports protestors directly confronting illegitimate institutions such as the G20, whose policies perpetrate violence in countless communities around the world every day. We are calling for all charges to be dropped.”

Individuals arrested during today’s raids will appear in the Melbourne Magistrates Court on Tuesday.

For further comment contact: Anita Thomasson 0411680052