The New Zealand Police have developed a tactic of arresting protestors on charges they later drop, simply in order to waste activists’ time and energy.
On 15th October 2006, 12 anti-war protestors dressed as clowns were arrested in Wellington for clowning around outside the residence of Neal Garnett, chairman of the New Zealand Defence Industry Association (NZDIA) and organiser of the annual Defence Industry weapons conference which was held at Te Papa Tongarewa that year. Impractical bail conditions included non-association orders. However, these were successfully challenged in the High Court, in time for the protestors to work together against the weapons conference. The charges were altered several times: last year the ‘unlawful assembly’ charges were dropped and six activists took diversions, leaving only six activists to face ‘intimidation’ charges.
On 17 March this year the police prosecutors informed lawyer Michael Bott that they were withdrawing the intimidation charge. This was a major victory for Peace Action Wellington. It may well be that the charges have been withdrawn because Somali Young, who infiltrated Peace Action Wellington at the time of this protest for Thompson & Clark Private Investigations Limited, has been called as a witness by the defendants. She was part of the protest at Garnett’s house but managed not to get arrested.
So on the 18th, six defendants appeared in Wellington District Court to hear the Police request that all charges be dropped. The Judge asked “How does the Defence respond?” to which lawyers representing the accused replied “We accept the Prosecution’s request.” This prompted gales of laughter from the public gallery.
This case has taken two years (since arrests were made on 15 October 2006), and countless hours of legal time, plus convening a totally unnecessary jury – a major waste of public resources, to what effect?
The Police have in fact been using a tactic of arresting activists on spurious charges, which they know cannot be prosecuted through to conviction. This tactic is used in order to waste protestors’ time and energy, preventing legitimate protest by peace activists exercising their civil right to free speech and free assembly. Since February 2003, when 17 people were arrested and charged with “attempting to conduct a weapons inspection of the US Embassy,” there has been an escalation of this tactic.
Peace Action Wellington have been continually harassed when participating with others in peaceful, non-violent protests against the US and coalition presences in Iraq, since November 2002. Police constantly interrogate those arrested to find out “who is the leader of this protest,” (hint for the Police: in a consensus collective of anarchist-principled people, there are no leaders…) and carting activists off to the Police Station for actions as feeble as throwing water balloons.
Other groups targeted by these tactics include Wellington Animal Rights Network, Save Happy Valley, No Arms Race At Our Place (a sub-campaign of PAW aimed at removing the Weapons Conference from the Te Papa convention facilities, which succeeded last year) and the recent (2007) protest against the visit of former Australian PM John Howard, when our beloved VUWSA president Joel Cosgrove was so ignominiously ‘handcuffed by a girl’ (and a few other burly officers). September 2003 – 8 people arrested protesting the Iraq war and WTO, for ‘chalking on the footpath.’ October 2004 – About 50 people blockaded Te Papa, protesting the weapons conference.
March 2005 – About 150 protesters marched from Civic Square to the US Embassy, some remaining to set up a Peace Camp on the park opposite the US Embassy. One person was de-arrested by the crowd during the protest. Meanwhile, in Auckland, 300 marchers went down Queen St, past the ANZ to the American Consulate. Four people were arrested and charged with obstruction, but convictions did not eventuate.
October 2005 – About 70 protestors blockaded Te Papa during the Weapons Conference, and in the course of the afternoon, 20 people were arrested, the bulk while making a human chain in front of the Army’s new LAV, which then had to back up and be put away behind the playground gate. Six charges were laid, resulting in no convictions.
March 2006 – A large contingent in Wellington marched to oppose further US engagement in Iraq, and in Auckland, 200 marched along Queen St to the Consulate, without further arrests.
October 15, 2006 – 12 protestors were arrested in protest before the arms conference. Charges were changed many times before finally being dropped in March 2008.
Oct 18 2006 – The huge weapons conference protest with food, music, and clowns blockading every door in the building. The Police were so outnumbered that the conference was shut down by the protest, and eventually Te Papa closed its doors to casual visitors and school groups participating in the daily programme.
February 2007 – 3 protestors arrested outside Premier House in Thorndon, during a protest against the visit of Australian Prime Minister John Howard, with an indecent amount of force used.
October 15, 2007 17 arrests made during dawn raids of activists homes around Aotearoa, with charges laid under the TSA and Arms Act. Charges under the TSA have been dropped.
February 19, 2008 – 3 further arrests made in the Bay of Plenty, a fortnight before the original arrestees were due to appear in Court for pre-depositions hearings, leading to adjournment of proceedings until September 2008, for evidence to be assessed by the defence lawyers.