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Date: Monday, 7 May 2001 9:08
Subject: Human Rights
>Peter Gargan
>12A
>Traders Lane
>117
>Anderson St
>Cairns.
>Ph 40321272
>The Editor
>Cairns Post .
>
>Dear Sir,
>
>On the 17th April 2001, Anita Bernstrom was ordered imprisoned for
>three months for refusing to submit to a judgment of the Planning and
>Environment Court. She is in Stuart Creek in Townsville.
>
>One would not think that to disobey a judge was a terrible crime
>sufficient to take a mother away from her 10 year old son, and put her
>beyond help. The judge ordered that even if she paid the fine, she had
>to stay there.
>
>Anita Bernstrom applied to Supreme Court in Townsville for her freedom
>under the habeas corpus but because another judge in Brisbane once
>again sitting alone had decided in a case where a citizens freedom was
>not at stake, that the reason why she said she should be released did
>not apply to her, The Court refused her habeas corpus.
>
>Anita Bernstrom believes the Planning and Environment Court has
>trespassed upon her land, and she is imprisoned even though the Cairns
>City Council is quite happy to allow her to use her land as she is.
>She is convinced that the neighbour who prosecuted her, is simply
>wanting to buy her land.
>
> She does not believe a man can, without taking the advice of 12 people
>as a jury, lock a mother away from her son, to enforce his will. She
>believes this is a trespass to her person and is absolutely determined
>not to eat anything until this question is satisfied in her mind.
>
>She is a very determined woman. She is now refusing to eat, and she is
>resisting all efforts to persuade her to do so. She asked me to write to
>you and tell you why.
>
>She is not eating any food because she does not believe any man should
>be allowed to trespass on her property at Freshwater and order Police
>to trespass on her body, unless a committee of 12 totally impartial
>persons from the community have decided that her ownership of the land
>and her body is not sufficient to protect her. She wants a jury to
>decide if that belief is a crime worthy of jail.
>
>Anita Bernstrom does not believe even the Parliament can give a man
>power to trespass upon her land or body, unless a jury says he can. She
>believes that is the common law of the Constitution. She wants the
>people to know that she is prepared to starve herself to death to make
>that point. She is only a small woman, but she has a big heart. Money
>was not the problem. Within a day of her imprisonment, friends had
>raised the $3,000. The Court told them to not waste it by p