David Burgess and Will Saunders were found guilty of malicious damage by the ruling class, after they painted their peace message on the Sydney Opera House in March of last year.
The District Court jury that convicted them was not allowed to consider self-defence as a reason - and the men have taken their case to the Court of Criminal Appeal.
But the appeal judges have questioned how the Government could have been deterred from going to war by the pair's act, given the Opera House is not connected to the Government.
[Just plain rubbish as the the message had to be seen and noticed. What happened to common sense in common law? Meanwhile the war criminal John Howard government is committing pre-emptive attacks on foreign nations, occupation and genocide in Afghanistan and Iraq.]
Outside the court, Mr Burgess said they thought there was a connection.
"Only that building could have provided the message as it resulted," he said.
The court has reserved its decision.
By No War 29 July 04
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BALIGATE
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