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nexus © NEews™ 3) tablish that the defendants had a ‘lawful excuse’ for their trespass as each was en- deavouring to prevent unlawful activities taking place at Pine Gap. Ken claimed Pine Justice Blind to Pine Gilet cake Orereestae Gap Pr otestors Unconstitutional? ier Mant-Nath was arrested and charged tional precedents that determine whether or Ken’s point is that, as Pine Gap is a foreign with tresspass at the October 1987 protests not a military facility is ‘lawful’. These trials military facility sanctioned by the sitting outside the USA's secret military surveil- determined that certain Nazi facilities were members of Federal Parliament, it is an lance and research facility at Pine Gap in the not lawful military defences, as part of their acknowledgment by these members of an Norther territory, along with Senator Jo intention was for direct use against citizens allegiance, an adherence and an obedience Valentine and Limbo Lenin. outside any military conflict. to a foreign power, in this case the USA. For both Senator Valentine and Limbo Lenin and the Senator pointed out that Under section 44(i) of the Australian the outcome was conviction and fine. Sena- Pine Gap was an intrinsic part of the USA's Constitution members are disqualified from tor Valentine accepted this decision, but on nuclear arsenal and that under the terms of sitting in the Federal parliament, if there is principle chose imprisonment rather than MAD (Mutually Assured Destruction) di- any acknowledgment by members of an al- pay the fine. As an elected state member of rects nuclear weaponry as much against legiance, adherence and obdeience to a the Commonwealth parliament, and thus citizens of nations as it does against their foreign power. This section prevents mem- representing the broader political aspirations military forces. In effect this makes all bers using the power of the parliament to of Australians, Senator Valentine's decision nuclear weaponry and what helps deliver serve foreign interests clearly demonstrated that the present Federal them ‘unlawful’. As Australia recognises Ken’s defence argues that the powers of government will defend USA military rights this via external agreements, Pine Gap's the Parliament(s) directed by these sitting in Australia, even if it means ‘imprisoning* presence is internationally unlawful as it is members are ‘unlawful’, including any use its own Senators. That is who was repre- directing nuclear weaponry against citizens of those powers in respect of Pine Gap. His sented in court while Senator Valentine of other nations. ‘trespass’ was an attempt to inform those at stood before the bench. Limbo Lenin chose Tt was put to the court that the defendants Pine Gap that they were being given their the other option and is appealing. had a ‘lawful excuse’ for entering Pine Gap directives by ‘unlawful’ authority and were as they sought to inform the personnel there acting “unlawfully” while following these Nurem berg Principle that they were engaged in unlawful activi- directives. This defence was also ruled as ties. The court considered this defence con- having ‘no genuine element of defence‘ by tained “not any genuine element of defence the court and was dismissed as a frivolous Legally Senator Jo and Limbo's defences to the particular charge”. waste of time. were based on a technical argument based on Ken Mant-Nath’s defence followed an The question of the constitutional legal- the Nuremberg trials which set the interna- entirely different argument that sought to es- ity of Pine Gap still remains to be settled. What to do witha Space Pollution at to radioactive town? As least 48,000 human-made objects larger than a centimetre in diameter are now orbit- ing the Earth, causing a major nightmare for the space programme. Seven thousand of these bits of junk are over 10 centimetres across, according to the Massachusetts Insti- tute of Technology. Other studies place the number of objects at 70,000. Operating spacecraft make up only 5% of the objects; 12% is debris such as packag- ing material, 14% is old rocket casings and 20% is spent payloads. The rest is just junk. Soviet authorities are planning to bulldoze the radioactive 800-year-old town of Cher- nobyl (population 10,000) to rubble. The Ministry of Nuclear Power has begun razing homes and sees no alternative to destroying the town. Radiation levels at Chernobyl were re- corded at 0.1 milliroentgen per hour last June, twice that of the Ukrainian capital Kiev, 130 kilometres south. Gden, another The new space station Freedom (see Last year scientists discovered that a major town 18 km from the plant, has been'success- news item) will have to be shielded against cause of the mass death of seals throughout fully decontaminated’, according to Pravda. the shrapnel-like impact of space junk. the Atlantic Ocean and North Sea is the Writer Whitley Strieber reports in his But the major problem is that of orbiting canine distemper virus. Now it seems that new book Communion that Chernobyl nuclear-powered satellites - which some- diseased bodies of more than 1,000 dogs means Wormwood in Ukrainian. Worn- times drop their deadly payloads back to dumped off Greenland may have caused the wood was the star that poisoned a third of the Earth. The USSR is believed to have epidemic that has killed off at least 11,000 Earth's waters in the old book Revelations. launched 30 nuclear powered satellites. seals in Northern Europe. ‘Chemo’ also means ‘black’ in Ukrainian. AP. 10 NEXUS New Times Seven - Summer 1989 tablish that the defendants had a ‘lawful excuse’ for their trespass as each was en- deavouring to prevent unlawful activities taking place at Pine Gap. Ken claimed Pine Gap was unlawful under the terms of sec- tion 44 (I) of the Australian Constitution. Blind Pine Justice Gap Protestors x Ken Mant-Nath was arrested and charged with tresspass at the October 1987 protests outside the USA's secret military surveil- lance and research facility at Pine Gap in the Norther territory, along with Senator Jo Valentine and Limbo Lenin. For both Senator Valentine and Limbo the outcome was conviction and fine. Sena- tor Valentine accepted this decision, but on principle chose imprisonment rather than pay the fine. As an elected state member of the Commonwealth parliament, and thus representing the broader political aspirations of Australians, Senator Valentine's decision clearly demonstrated that the present Federal government will defend USA military rights in Australia, even if it means ‘imprisoning* its own Senators. That is who was repre- sented in court while Senator Valentine stood before the bench. Limbo Lenin chose the other option and is appealing. Ken’s point is that, as Pine Gap is a foreign military facility sanctioned by the sitting members of Federal Parliament, it is an acknowledgment by these members of an allegiance, an adherence and an obedience to a foreign power, in this case the USA. Under section 44(i) of the Australian Constitution members are disqualified from sitting in the Federal parliament, if there is any acknowledgment by members of an al- legiance, adherence and obdeience to a foreign power. This section prevents mem- bers using the power of the parliament to serve foreign interests Ken’s defence argues that the powers of the Parliament(s) directed by these sitting members are ‘unlawful’, including any use of those powers in respect of Pine Gap. His ‘trespass’ was an attempt to inform those at Pine Gap that they were being given their directives by ‘unlawful’ authority and were acting “unlawfully” while following these directives. This defence was also ruled as having ‘no genuine element of defence‘ by the court and was dismissed as a frivolous waste of time. The question of the constitutional legal- ity of Pine Gap still remains to be settled. tional precedents that determine whether or not a military facility is ‘lawful’. These trials determined that certain Nazi facilities were not lawful military defences, as part of their intention was for direct use against citizens outside any military conflict. Lenin and the Senator pointed out that Pine Gap was an intrinsic part of the USA's nuclear arsenal and that under the terms of MAD (Mutually Assured Destruction) di- rects nuclear weaponry as much against citizens of nations as it does against their military forces. In effect this makes all nuclear weaponry and what helps deliver them ‘unlawful’. As Australia recognises this via external agreements, Pine Gap’s presence is internationally unlawful as it is directing nuclear weaponry against citizens of other nations. Tt was put to the court that the defendants had a ‘lawful excuse’ for entering Pine Gap as they sought to inform the personnel there that they were engaged in unlawful activi- ties. The court considered this defence con- tained “not any genuine element of defence to the particular charge”. Ken Mant-Nath’s defence followed an entirely different argument that sought to es- Legally Senator Jo and Limbo's defences were based ona technical argument basedon the Nuremberg trials which set the interna- What to do witha Space Pollution at to radioactive town? At least 48,000 human-made objects larger than a centimetre in diameter are now orbit- ing the Earth, causing a major nightmare for the space programme. Seven thousand of these bits of junk are over 10 centimetres across, according to the Massachusetts Insti- tute of Technology. Other studies place the number of objects at 70,000. Operating spacecraft make up only 5% of the objects; 12% is debris such as packag- ing material, 14% is old rocket casings and 20% is spent payloads. The rest is just junk. Soviet authorities are planning to bulldoze the radioactive 800-year-old town of Cher- nobyl (population 10,000) to rubble. The Ministry of Nuclear Power has begun razing homes and sees no alternative to destroying the town. Radiation levels at Chernobyl were re- corded at 0.1 milliroentgen per hour last June, twice that of the Ukrainian capital Kiev, 130 kilometres south. Gden, another The new space station Freedom (see Last year scientists discovered that a major town 18 km from the plant, has been'success- news item) will have to be shielded against cause of the mass death of seals throughout fully decontaminated’, according to Pravda. the shrapnel-like impact of space junk. the Atlantic Ocean and North Sea is the Writer Whitley Strieber reports in his But the major problem is that of orbiting canine distemper virus. Now it seems that new book Communion that Chernobyl nuclear-powered satellites - which some- diseased bodies of more than 1,000 dogs means Wormwood in Ukrainian. Worn- times drop their deadly payloads back to dumped off Greenland may have caused the wood was the star that poisoned a third of the Earth. The USSR is believed to have epidemic that has killed off at least 11,000 Earth's waters in the old book Revelations. launched 30 nuclear powered satellites. seals in Northern Europe. ‘Chemo’ also means ‘black’ in Ukrainian. AD Space Pollution AP. NEXUS New Times Seven - Summer 1989 Unconstitutional? Nuremberg Principle _—S_——_ —_ SEES ee What to do witha radioactive town?