THE AGE Disobedient citizens are citizens nonetheless BY JUDE MCCULLOCH 2000-09-16 00:03:46 Steve Bracks, among others, appears to believe the S11 protesters got what they deserved this week for interfering with the freedom of movement of World Economic Forum delegates. In blockading the forum venue protesters made a conscious decision to engage in acts of civil disobedience. In doing so they were prepared to accept the lawful consequences of their actions. Police, when confronted with people engaging in summary offences, such as blockading driveways and the like, are entitled to enforce the law by making arrests. In making such arrests, police are permitted to use only reasonable force, and are duty bound to use minimum force only. It is clear, however, that the police tactics were not designed to arrest, but instead to overcome by use of overwhelming force. Although police commented on the aggressive actions of some members of the crowd, there is no serious suggestion the police were acting in self-defence at the time of the baton charge, or that the individuals hit with batons were individuals suspected of acting violently. Nor could it be said that the protesters were resisting arrest, because no attempt was made to arrest them. A proactive strike by police is of dubious legality. The police role is primarily to bring people before the courts so they can be judged and punished, not to dish out summary justice themselves. The Ombudsman examined similar issues after the police used batons on protesters at Richmond Secondary College in 1993 and pressure-point neck holds against environmental protesters at East Melbourne in 1994. He concluded the police action involved excessive use of force, and successful civil actions were subsequently pursued by a number of protesters who had been injured. Over the past six years Victoria Police have paid more than $8 million in public funds to settle civil actions in relation to events such as the Tasty nightclub raid and Richmond and East Melbourne. Given the allegations of excessive use of force, the documentary evidence in the form of video and television footage, and the doubtful legal basis for the police actions, it is likely the police actions at the WEF will add to this drain on the public purse. The Richmond and East Melbourne incidents are similar to the events at the WEF in the extent to which the actions have been supported by the premier of the day. At the time of the Richmond baton-charge, the-then premier, Jeff Kennett, was complimentary of the police and derisory about the protesters, referring to them as un-Victorian. Steve Bracks, in a similar vein, has strongly supported the police actions and called the WEF protesters un-Australian. Some reports even suggest he "authorised" the police crackdown (The Australian, Wednesday). This suggestion raises serious questions about the rule of law and the separation of powers. The police serve the law, not the government or the premier. It is not unprecedented for a premier to forget this important distinction, as the Fitzgerald inquiry in Queensland amply demonstrated. Civil disobedience has a long history in Victoria - from the Eureka Stockade in 1854, to the unemployed movements in the depressions of the 1890s and '30s, and the moratorium marches of the late '60s. History has generally dealt kindly with these citizens and their causes. A civilly disobedient citizen remains nevertheless a citizen, entitled to the protection of the law. Only oppressive political regimes view these citizens as the "enemy within", to be overcome by overwhelming force. Jude McCulloch is a lawyer and lecturer in police studies at Deakin University. She was part of the legal team at S11. This story was found at: http://www.theage.com.au/news/20000916/A1810-2000Sep15.html -- ********************************** 'Click' to protect the rainforest: Make the Rainforest Site your homepage! http://www.therainforestsite.com/ ********************************** ------------------------------------------------------ RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/recoznet2%40paradigm4.com.au/
