Monday, November 14, 2005

Scapegoat law should be made redundant

Australia has not needed a law against sedition [scapegoats to bolster support and quell dissent for the Coalition of the Killing's resource wars] since at least 1949, and there is no need for one now, writes Ian Barker.

We are soon going to have a lot of laws telling us how to behave towards our government [your government], our constitution [your constitution] and our country [Aboriginal Land].

As the proposed legislation stands now, both treason and treachery stay, with a restatement of seditious intent with a new offence for sedition. [Scapegoats.]

There is a significant difference in the proposed law of sedition when compared with the existing law. At present, we have a definition of seditious intent - for example an intention to bring the Sovereign into hatred or to excite disaffection against the government - and then we have various offences committed with that intention, for example using seditious words with the intention of creating public disorder.

So, to commit an offence, one had to do one of the things proscribed and, at the same time, have a seditious intent. That will no longer be the case.

The definition of seditious intent is now limited to the seditious intent which may be a mark of an unlawful association. The new offences of sedition do not require proof of a seditious intention.

They can be committed by mere recklessness, and they carry a penalty of seven years' imprisonment.

There is a good faith exception which seems to me to be a reversal of proof. In other words, the practical effect of the new legislation is that a person accused of doing any of the things in the new Criminal Code [?] bears the onus of showing he or she did not act with a seditious intent. This is repugnant to the notions of fair process. [Repugnant knowing that it was presented by war criminal John Howard as well.]

Sedition traditionally occupies the ground somewhere between treason, which is actually killing the Sovereign, or her heir apparent, or the Queen consort, the governor-general or prime minister, or actually levying war against the Sovereign on the one hand and lawful criticisms on the other. It started life as a common law misdemeanour, as a criminal libel.

[What about the offence of complicity to blow up Australians on the dance floor in Bali in 2002? Australia's call to arms on Afghanistan and Iraq? That was treason wasn't it? Hey Mick Guilty! What kind of explosive were used again? What was that? Military Hardware?]

So, while not actually killing the Queen, it is seditious to bring the Sovereign into hatred of contempt or to urge disaffection, which I think means urging people to be disloyal, to the constitution, or government or either house of Parliament. It consists in mere words.

[Oh what about pre-emtive strikes on Sovereign Nation States Like Iraq and Afghanistan? How about Puppet Governments, Occupation, Genocide, Kidnapping, Torture and Human Rights Abuses didn't that bring the real people of Australia and he world into hatred and contempt or to urge disaffection against the Coalition of the Killing?]

The whole notion should have been abandoned years ago. [Well in relation to war criminals maybe not?]

For example, urging disaffection against the government seems to be what many ordinary people often do, born of sheer frustration. Problems in prosecution are legion, which probably accounts for the small number of prosecutions for sedition in Australia. So far as I am aware, the last trial for sedition in Australia was in 1949.

The problem is, the crime is all about words and the construction of words. It is becoming increasingly dangerous to be honest and direct in the use of words. [And about who's got the power.]

And where do you draw the line? Insulting the cricket team, or the memory of Phar Lap, or the principles found in the Koran, might well have the potential to cause serious trouble in the realm. Who knows? The answer does not have to await a riot, it is to be somehow derived from the words themselves.

Treason is found in the criminal code. It gives pride of place to the death of the [ruling class] Sovereign, the heir apparent, the consort, the governor-general or the prime minister. Killing the leader of the opposition or the attorney-general is not treason, merely murder.

The problem with the definition of seditious intent, and sedition, is that we can never be sure that any words of strong criticism of government, however well intended, will not be seen to derive from motives entirely sinister. [Or even sinister at all? And in the case of a war criminal prime minister John Howard, who is using Draconian Laws and Sedition to protect himself from TREASON against the dissent of fair minded Australian people, then it has been used for good 'Treasons' LAUGH.]

Ian Barker QC: We have not needed a law of sedition at least since 1949, and probably never, for all it achieved. We do not need it now.

By SMH, November 14 2005

Comment:

Sedition or Sedation?

By Ritalin Valiumnumb Bracks, Beattie oppose new sedition law Monday Nov 14 09:13 AEST Victorian Premier Steve Bracks says the Howard government's proposed changes to the law of sedition are too broad and threaten free speech. "be alarmed about Australia's new sedition laws"

Related:

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No! Your Rights Australia
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ATTENTION: CHIEFS OF STAFF - IMMIGRATION REPORTERS - LEGAL REPORTERS

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Is this our most dangerous Newspaper?
The Daily Terrorist should be managed with manacles and flown into Siberia via a jumbo jet tomorrow amid fears government fascists may attempt to use them again on someone else.

HOSTAGES OF THE WAR ON TERROR
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Chomsky signs on for justice
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If he'd been given his passport he'd be a free man
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Trial by unrelated video clips
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Noble Cause Torture?
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New account adds weight to interrogation claims
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Australian senate accused govt of war crimes
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DPP to appeal innocent man's bail
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Fascist Australian Govt torture exposed
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Innocent witch verballed by federal fascists!
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Lawyer blames police for Habib break-in
John HoWARd, Alexander Downer, Phillip Ruddock, Robert Hill, to name just a few....HOW DO YOU PLEAD?

No reason for Habib to sell story: Beazley?
Federal Agreement Leader Kim Beazley is a well-paid loser. A loser who supposed to be defending our democratic rights by standing up to the HoWARd Government's fascism.

Australia: a presumption of guilt......
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Aust Community criticises Govt for 'crimes'!
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Australian Govt Guilty of Crimes: Community
Australia: The community says federal fascists who allowed the torture of its citizenry including Mamdouh Habib may be arrested when the United Nations War Crimes Tribunal address the War Crimes Indictment set out by the community.

What they did to Habib
Mamdouh Habib was the victim of atrocities fit for a concentration camp, including being tied to the ground while a prostitute menstruated on him, his lawyer said yesterday.

Innocent witch verballed by federal fascists!
Shame on the federal fascists. The wicked old witch is dead! A Melbourne Magistrates Court has heard that a 31-year-old innocent Victorian man was facing terrorism charges?

Innocent Victorian man held in custody for Xmas?!
Lawyers have argued the case against Mr Thomas was weak and based on a statement he made in Pakistan without a lawyer present and therefore unlawful.

Innocent Melbourne man makes second bail bid
Rubish, just plain propaganda, fear-mongering, draconian nonsence from the HoWARd goverment's war agenda stink tank.

MPs to review spy agency powers
Australian spy agency ASIO'S controversial powers to detain and question suspected terrorists [scapegoats for HoWARd's resource wars] will be re-examined by a parliamentary committee. Parliament passed the new counter-terrorism powers in July last year.

Goulburn Jail breaches UN standards
NSW: Greens MP Lee Rhiannon has called on Justice Minister John Hatzistergos to bring Goulburn Jail's Maximum Security Wing into line with United Nations standards, after a prison inmate's covert survey of his fellow inmates revealed problems with rehabilitation programs and basic amenities.

Lodhi toilet paper: crap!
He is facing nine charges and is accused of planning a major terrorist attack on Sydney defence sites and the electricity grid using downloads off the internet and having 100 rolls of toilet paper to wipe his arse after low level bombs and farts.

Community seeks more power to interrogate ASIO suspects
Greens Senator Bob Brown does not think increased police powers are necessary. "We have enormous powers for surveillance, apprehension or punishment of people who are engaged in or intending to engage in or thinking about being engaged in terrorist acts in this country," he said.

Greens warn of 'politicised' terror trials
AUSTRALIA/CUBA?: The Australian Greens say they are concerned that new anti-terrorism laws being debated in the Senate allow for the "political black-banning" of defence lawyers at terrorism trials.

Melbourne man charged over ASIO links
ASIO a know Australian terrorist organization is verballing the community again...about allegations that a man, while living overseas, received funds from Al Qaeda and had close association with the members of the terrorist group.

DING DONG! THE WITCH IS DEAD
A court has been told Joseph Thomas is a sleeper? ZZZ! Melbourne Australia: A court has been told that Osama bin Laden asked a Melbourne man to become a "sleeper" in Australia before undertaking activities for the Al Qaeda network? Munchkins: "Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch! Ding Dong! The Wicked Witch is dead."

AFP: The unlikely CRIMINAL
It was born of a bombing and it made its name after a far more devastating act of terrorism. But for most of the 25 years in between, little was known about the Australian Federal Police force or the work it did.

Australian Federal Government complicity in war crimes
Complaint to Australian law officers about Australian Federal Government complicity in war crimes.

There is no justification for torture
In the weeks since the abuses at Abu Ghraib prison were revealed, evidence continues to seep out of similar mistreatment of prisoners in other US military detention centers in Iraq, Afghanistan, and Guantanamo Bay.

Howard rejects spy agency overhaul
Prime Minister John Howard has played down the need for a major overhaul of Australia's spy agencies as a result of an inquiry by former intelligence officer Phillip Flood.

Mamdouh Habib: Taunted and Tortured!
Four Corners [Walls]: Terrorist - or Taunted by the Australian Defence Force who sacked him as a cleaning contractor? Who is Mamdouh Habib? And why was he harassed by the Australian Federal Police? Then tagged and labelled as a spy? Why was he vilified by the community? When he fled to Pakistan how did he end up being tortured in Egypt? And how did he end up at Guantanamo prison camp reserved for the men America calls "the worst of the worst.

He was an undercover agent for the blues
He was my journalist, he was working undercover. The fellow knew all of the moves.... He really had me romping, bare footing stomping. He just kept igniting my fuse....

Up there Khasali: Innocent man new bail laws
The New South Wales Supreme Court has asked innocent man Bilal Khazal to increase to amount of surety offered, before the bail is formally continued.

HEY! BIG BROTHER? LET INNOCENT PEOPLE GO!
Young men terrorised, tortured, and threatened with charges for no crime by Australia mate the lucky country. Lucky if you're not used for Howard's FEDERAL ELECTION and George Dubya's WAR ON LIBERTY! Who shot liberty? IGNORANCE!

Ul-Haque 'the man who wants to become a doctor'
The taskforce is investigating French man Willie Brigitte, who was tipped back home for a visa breach. Allegedly the Un-Australian Newspaper claimed he also attended training camps before his six-month stay in Sydney. Police have not alleged Mr Ul-Haque knew Brigitte. The Un-Australian just mentioned it because they are 'you guessed it' up John Howard's butt and they like the USA want 'you guessed it' our Federal Government. Well Yankee go home!

Brain injury for suspicion 'inhumane'
Faheem Khalid Lodhi refused bail by a Sydney court and remanded until June in hell at the (HARM-U) High Risk Management Unit at Goulburn. While he is in there he will receive a brain injury and is likely to self-harm due to the gross violation of living standards.

Keelty foresees more terrorism
Australian Federal Police (AFP) Commissioner Mick Keelty says terrorist groups will continue to find new ways to threaten countries.

Daily Terror rolled-over for Howard's war games
The DAILY TERROR is suspected of being the source of the news this morning that Willie Brigitte is a terrorist and that Sydney faces a bomb attack.

Lawyer claims Al Qaeda suspect's evidence tainted!
Before returning to Australia last year, Thomas was arrested and held in custody for five months by Pakistani authorities before being released without charge.

Man terrorised by ASIO remanded in 'AA' isolation!
A Victorian man has been remanded in custody after being charged with terrorism offences, including having links to Al Qaeda?

Ruddock foreshadows new terrorism laws
The new laws will allow police to access emails and mobile phone SMS messages, enable wider use of surveillance devices, and protect sensitive national security information during terrorism trials.

Islamic movement denies links to Al Qaeda
The Islamic Youth Movement has denied having any links to Al Qaeda and says it is considering legal action against the Four Corners program. In a statement released early this morning, the group rejects allegations it is helping coordinate any kind of terrorist network inside Australia and says it is being unfairly targeted.

2nd Renaissance -10 The War on Witches [150]
In 1484, Pope Innocent VIII issued a Papal Bull that became the rationale for establishing the Inquisition in Germany. The following excerpt from the Bull sets out the official view of the danger of witches to the community. The Bull and this this passage provided the sole excuse for the torture and cruel executions that were, ultimately, to be the fate of up to fifty percent of the population of some villages.