US Senate moves to ban court review of Guantanamo detentions

Legislating a war crime

Acting with virtually no debate or warning, the US Senate on Thursday passed, in the form of an amendment to a military budget bill, a far-reaching measure denying so-called "enemy combatants" any right to challenge their detention in US courts.

While this reactionary piece of legislation is aimed in the first instance at the more than 500 men and boys who have been imprisoned without charges, facing torture and abuse, at the Pentagon's concentration camp in Guantanamo Bay, Cuba, it constitutes a frontal assault on basic democratic rights and the constitutional form of government in the United States itself.

The measure would turn into law the Bush administration's arrogation to itself of the power to order the arrest and imprisonment of anyone it sees fit on the sole say-so of the president as "commander-in-chief" without formally charging them or even revealing their detention and without any possible review by the courts.

It would dramatically alter the balance of power between the different branches of the US government, undermining the independence of the judiciary and denying the courts the ability to review the actions of the presidency and consider the appeals of those claiming to have been unjustly imprisoned.

Introduced by Senator Lindsey Graham (Republican, South Carolina) and passed by a Senate vote of 49 to 42, the amendment effectively strips the US courts of any jurisdiction over those detained in the so-called war against terror and overturns the extremely limited moves by the courts to review the legality of the Bush administration's actions.

The legislation would likely end up applying to all non-citizens detained by the government both outside the US and within.

The measure was approved under conditions in which the US government has come under increasing fire internationally over a flood of revelations concerning secret prisons run by the CIA in eastern Europe and elsewhere and the torture of detainees by both the intelligence agency and the US military.

As the Senate voted, prisoners in Guantanamo were continuing a protracted hunger strike to demand that they be granted conditions guaranteed by the Geneva Convention and that they be permitted a hearing in a genuine court.

Graham made it clear that his amendment is designed to ensure that the criminal abuse of these detainees continues. "It is not fair to our troops fighting in the war on terror to be sued in every court in the land by our enemies based on every possible complaint," he said.

While an attempt will reportedly be made next week in the Senate to remove the abrogation of habeas corpus from the bill, it is virtually certain that the Graham amendment would win the support of the Republican-controlled House and be signed into law by Bush.

Under international law, the Graham amendment itself constitutes a war crime. It violates the 1907 Hague treaty, which declares it a crime to "declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party."

It likewise violates the Geneva Convention, which protects detainees by prohibiting "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

The most fundamental of these guarantees--and one of the cornerstones of democratic rights worldwide--is the right to petition a court for a writ of habeas corpus.

The measure passed the Senate just three days after the US Supreme Court announced that it would rule on the constitutionality of the kangaroo-court-style military tribunals that the Pentagon has set up at Guantanamo to supposedly determine whether detainees can be released.

Not only would the amendment void this case, it would also apply retroactively to other rulings and to appeals filed on behalf of hundreds of detainees in various federal courts. Among the rulings that would be nullified is a June 2004 US Supreme Court finding in the case of Rasul v. Bush that foreign citizens accused of terrorism can challenge their detention in the US courts.

It is not a matter of the courts having served as champions of the detainees' rights. On the contrary, they have for the most part bowed to the administration's claims that the president is entitled to extraordinary powers because the US is supposedly at war, including the power to hold "enemy combatants" without charges or trial.

The courts have ignored the fact that this so-called "war on terror" has never been declared, has no defined enemy and is presented as a conflict that will continue indefinitely, making the extraordinary powers of the president essentially permanent. As for "enemy combatant," this is a term that has never been defined, outside of describing anyone the president wants detained without granting them either the legal rights of someone charged criminally or the rights granted to prisoners of war under the Geneva Convention.

Institutionalizing dictatorial methods

Nonetheless, by legislating the exclusion of the courts from any review of these police-state measures, the Senate's action represents a significant step toward the institutionalization of dictatorial forms of rule within the US.

The measure also gives the lie to another item tied to the Defense Appropriations Bill, the so-called McCain torture amendment--passed by a vote of 90 to 9--barring "cruel, inhuman, or degrading treatment or punishment" against those detained by the US government.

The Bush administration has threatened to veto the entire military funding bill if the amendment remains, while Vice President Dick Cheney has exerted political pressure on the Senate to specifically exempt the CIA from the proscription of torture so that it can continue the brutal methods it employs at a network of secret prisons scattered around the globe.

The Graham amendment turns this ban on torture into a dead letter, or rather window dressing, for continuing the brutalization of thousands of people held by the US against whom no charges much less evidence has been presented. If they have no right to seek redress in the courts, then the administration is free to do with them as it likes, including torture and extra-judicial executions, without fear of exposure.

The amendment drew sharp fire from both human rights and attorneys' groups nationwide.

The New York City Bar called the measure "precisely the wrong action at the wrong time." It noted that the Bush administration "asserting extraordinary wartime powers, has created a whole new structure, based on tenuous legal ground, to indefinitely detain any person anywhere whom the President claims to be an enemy combatant (a term for which there is still no settled definition in law), and argues that he may do so without judicial review."

The National Institute of Military Justice issued a statement declaring, "The proposed amendment would sanction unreviewable Executive detention that cannot be harmonized with our Nation's longstanding adherence to the rule of law."

And the American Civil Liberties Union warned: "By depriving all courts of jurisdiction over nearly all claims by foreign detainees held at Guantanamo Bay, the Graham amendment would eviscerate the protections of the McCain amendment and other anti-torture laws, violate the Constitution by denying the Supreme Court its role as the final authority on whether government actions are constitutional and legal and terminate nearly all court cases brought by military officers on behalf of detainees."

Once the right of habeas corpus has been abolished for foreign detainees and those whom the president declares "enemy combatants," what is to stop the Congress from passing a law declaring that no American citizen has the right to challenge his or her imprisonment?

The legal framework is being constructed for the type of state that existed in Latin America in the 1970s, when people "disappeared" to be tortured and executed in the security forces' clandestine prisons, with no one held accountable and no challenge permitted within the courts.

That such a proposal--repudiating a principle that has been part of democratic legal rights going back to the Magna Carta nearly 800 years ago--could be tacked on as an amendment to a military spending bill speaks volumes about the nature of the US government and America's ruling elite.

It is a government that operates on the basis of conspiracy and deliberate concealment of its policies from the American people. Within the financial oligarchy that dominates political life and controls both major parties, there is no significant constituency for the defense of bedrock constitutional principles.

In an atmosphere of fear and hysteria whipped up in the aftermath of the September 11, 2001, attacks--events that have yet to be fully explained to the American people--the Bush administration has rammed through sweeping attacks on democratic rights, with the full collaboration of the Democratic Party. These include the Patriot Act, giving police and intelligence agencies unprecedented powers of surveillance, search and seizure.

It has since invoked a "global war on terror" as a pretext for launching an unprovoked and illegal war against Iraq as well as for carrying out a systematic war against the US Constitution.

This drive to demolish centuries' old rights is part of an international process that has seen in just the past week the imposition of sweeping "anti-terrorism" legislation in both Britain and Australia and the declaration of a state of emergency in France.

Underlying this global process is the unprecedented polarization between a wealthy financial elite and masses of working people, whose basic democratic rights are increasingly seen by the capitalist political establishments in every country as an intolerable obstacle to immensely unpopular policies, including war and the eradication of what remains of generations' worth of social reforms.

The Graham amendment, in its attempt to enshrine into law the dirty and illegal practices that have been carried out by the Bush administration over the past four years, represents a stark warning that this process is very far advanced and is encountering no serious resistance from any section of the political establishment.

The defense of democratic rights--including the essential right of habeas corpus--is today possible only through the independent political mobilization of the working class.

By Bill Van Auken posted 14 November 05

WSWS.org

Related:

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HOSTAGES OF THE WAR ON TERROR
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Hicks 'should be an Australian'
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WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
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UN Dialogue among Civilizations
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Torture can never be justified
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CIA defends terror suspect transfers?
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Pentagon chiefs cleared over prisoner abuse?
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USA - FEELING THE HEAT FROM INTERNATIONAL FIRE:
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Australia: a presumption of guilt......
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Australian Govt Guilty of Crimes: Community
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US judge dismisses? Guantanamo legal challenge
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US 'landlord' slams! Guantanamo 'law violations'
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FBI emails reveal Guantanamo abuse
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Hicks, Habib denied a fair go: Amnesty
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Govt's Hicks concerns an 'election stunt', says Brown
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Abu Ghraib inquiry slams Aust Government
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Australian Federal Government complicity in war crimes
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Hicks family arrives at Kangaroo Caught
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Guantanamo abuse claims prompt new inquiry calls
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There is no justification for torture
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Pentagon names tribunal for Hicks trial
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US terror suspects can challenge detention
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Hicks lawyer praises Guantanamo decision
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Hicks and Habib in the Melting Pot
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Rumsfeld had approved abuse
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How much is that doggy in the prison? Woof woof!
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US has secret prisons: rights group
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This won't hurt much
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The race that doesn't stop the nation

CANBERRA: And welcome to Canberra on the first Tuesday in November for the race that doesn't stop the nation. The Anti-Terrorism Cup. The final horses are being brought into the barriers, and we are almost ready for the start.

"Cross the Floor" from the Joyce stables is looking very frisky. English horse "Shoot to Kill" is playing up, with jockey T Blair struggling to keep his mare under control. Blair has had a lot of trouble in foreign races lately, with "Dossier" causing massive problems in the Middle East two years ago. She is now in, and ready to go.

Racing...

"No Debate" and "A Nation Distracted" are off to a great start but "Our Democracy" missed the start badly and is at the back of the field.

"Xenophobia" ridden by Pauline Hanson has settled to the front of the field. "Fear" ridden by veteran hoop John Stone is also up near the front.

"Against the Constitution" ridden by Peter Beatie is also making a strong showing. "There's no time" is three wide.

"Divide and Conquer" has been steered into a good position by John Howard as he chases his fifth cup. "Me Too" ridden by Kim Beazley is settling in just behind "Divide and Conquer". And as we pass the post for the first time, "Open and accountable" has settled towards the back of the field. "No Debate" still leads by a head, but here comes "Johnie's Boy" ridden by Mick Keelty.

"I'm with Him" ridden by Alan Jones is now making himself heard, and his large group of fans are sure to be happy about that.

And "Xenophobia" now makes her move. "Clap and Cheer" with Andrew Bolt in the saddle is just behind "Xenophobia". "Clap and Cheer"'s stablemate "Piers Agrees" is also in the running. "Seperation of Powers" is well and truly boxed in by "Ram It Through" and "Undue Haste".

"Cheques and Balances" ridden by Petro Georgio started strongly but is now dropping back in the field. The pace is now picking up in the back straight with "State's Concerns" and "Legal Advice" making their move, but it's still "Shoot to Kill" and "No Debate" leading the field.

"Our Democracy" and "Open and Accountable" continue to fall behind and "I'm still here" ridden by Lyne Allison is also struggling.

Coming into the home straight, horses are eight wide with "Trust Me" ridden by P Ruddock holding a slight lead. "Fear", "Xenophobia" and "Ram it through" are in great position. They are being pushed hard by "Clap and Cheer", "Piers Agrees" and "I'm With Him". "Seperaration of Powers" is gone and so is "Me Too".

There has bean a dreadful fall at the back of the field with three horses going down. I think it's "Our Democracy", "Open and Accountable" and "Public Consultation".

400 out, and here comes "Shoot to Kill" and "No Debate". "There's No Time" is flying down the outside. And here comes "A Nation Distracted".

Two hundred out and it's anyone's race. "I'm with him" ridden by Alan Jones has been dragged to the extreme right of the track Alan Jones opening up a huge hole for "Divide and Conquer". "Clap and Cheer" and "Pier's Agrees" continue to block "Sensible Debate" against the rails.

Foreign raider "Shoot to Kill" has sprouted wings down the outside and we could see more of him later. "High Court Challenge" has been severely checked by "Trust Me" and the stewards will definitely be looking at that incident.

It's "Shoot to Kill" leading, but here comes the great stayer "Divide and Conquer". "A Nation Distracted" and "Fear" are pushing "Divide and Conquer" forward. "Shoot to Kill", and "A Nation Distracted" are battling it out. IT'S NECK AND NECK. "Shoot to Kill", "Divide and Conquer" and "A Nation Distracted". It's close.

AND HERE COMES "CROSS THE FLOOR" FROM NOWHERE. IT'S A FOUR WAY PHOTO FINISH.

The race that doesn't stop the nation is too close to call. A four way photo and a steward's appeal by "High Court Challenge" mean the final result won't be known for a while.

By Handsdown posted 31 October 05

Constitution: Defending Against State Terror and Despots Australia has no major laws that are not derivatives of English Law and all of our major laws rely on British court precedents for interpretation and implementation. These laws and our Constitutional Monarchy system create a situation where, even if Howard and all State Premiers vote unanimously on the Anti-Terrorist laws, and every ALP/Dem/Lib/Nat/Green party hack also votes unanimously on their laws, and even if such laws are given Royal Assent, those laws are still void.

Open Letter to Australian Senate
Every West Australian needs to take note of the proposed terror legislation that will be debated in the Senate next Tuesday. Our own Premier has sold us out, and the time has come for some serious and organised protest in WA to protect our democracy and civil liberties. Write to the Senate, to the papers, and to every political party. This is a fundamental issue that affects the future of our society.

$145,000 for false arrest in NSW
The lawyer - who has represented almost all Sydney's high-profile accused [alleged] terrorists, [scapegoats for the Coalition of the Killing's resource wars in the Middle East] including Mamdouh Habib - who was kidnapped and tortured and who successfully sued the state for wrongful arrest, malicious prosecution and false imprisonment.

Preventive Detention: A Shield or A Sword?
There is a consensus among educated Australians that Preventive Detention is inimical to the democratic evolution of our country. Many are those who argue that given the standards of our time preventive detention is an unnecessary evil.

What's the Difference Between CHINA and AUSTRALIA?
If John Howard's terror law comes into effect, what is the difference between China, and Australia? No rifle executions? I think it is time to approach the Governor General, to dissolve Parliament on the basis that the present Government is attempting to achieve Dictatorial Powers.

Cracks in terror solidarity
In remarks that are at odds with the Premier, Morris Iemma's determined support for the legislation, Mr Debus said yesterday: "I think I share the concern about the legislation with plenty of other people. I don't query that we need to have very tough responses to the threat of terrorism [actually though, the community do query it because the actual threat of terrorism is coming from the Government] and I don't query that the premiers have signed off on a framework last month.

Australian Prime Meanster 'tells' States?
Prime meanster john hoWARd's original pact with the states seems to have fallen into disarray because his new anti-liberty laws breach human rights obligations and the commonwealth constitution.

Anti-Terrorism Bill details draconian police-state plans
First and foremost, the legislation provides for extensive detention without charge or trial, on the flimsiest of pretexts. With no notice or legal hearing, any person can be thrown into secret "preventative detention" or placed, by a "control order," in isolation under house arrest.

Shoot to kill on the belief of reasonable grounds is a problem
Provisions in relation to use of force in s105.23 raise serious concerns. In particular subsection 105.23(2) specifically contemplates the use of lethal force against a detainee where an AFP member believes on reasonable grounds that this is necessary to protect life or to prevent serious injury to another person.

ASIO laws: Don't be silenced
The secrecy surrounding the proposed national anti-``terror'' legislation stands in stark contrast to previous ASIO and "anti-terror'' laws that have been subject to scrutiny by parliamentary committees and public hearings.

Brisbane Peace Convergence calls on Beattie to reject terror legislation changes The Brisbane Peace Convergence (BPC) are calling on Premier Peter Beattie to reject the Federal governments proposed amendments to anti-terror laws. The BPC consider the changes to pose a threat to fundamental rights in a democratic society, including life, liberty and democratic action.

How's this for sedition?
Edmund Burke, who declared the tyranny of bad laws, was a deep political thinker and a ferocious polemicist. In 1777, he wrote to the Sheriffs of Bristol that the true danger to freedom was when liberty was nibbled away, for expedience, and by parts.

Sydney Morning Herald Poll flawed
Sydney Morning Herald: "According to the latest Herald Poll, about three-quarters of voters think it is OK to lock up suspected terrorists [scapegoats for the Coalition of the Killings resource wars in the Middle East] without charge, put them under house arrest or shackle them with tracking devices."

SHOOT TO KILL MADNESS AND DRACONIAN LAWS
The Howard Government wants to give police executing preventative detention orders the power to shoot to kill. This is shoot to kill madness.

New anti-terror laws and the Muslim community
On 8 September the Prime Minister introduced a 12-point plan outlining new anti-terror laws [draconian laws to bolster support for John Howard's resource wars in the Middle East] in a press release. Two weeks later he went to the Council of Australian Governments meeting with the proposals. They approved the measures by and large.

Secret agents brief Bracks on 'seditious' protest
Australia: Melbourne: Thursday 20 October, 2005: A phalanx of "secret agents" delivered a written briefing to Premier Steve Bracks at Parliament House today to tip him off to potential "seditious activities" at a planned demonstration for civil liberties on Saturday.

Shoot-to-kill bluff
AUSTRALIA: federal labor leader kim sleazley has predicted the federal dictatorship will fail in its push for a shoot-to-kill policy to be included in its counter-terrorism laws.

Sedition Laws Target Peaceful Civil Disobedience
The new Sedition Laws in the anti-terror bills clearly target people who call for acts of non-violent civil disobedience. Under the laws there is no defence for calling for change to any law by anything other than lawful means. Penalty is up to seven years jail.

Stanhope flags doubts on 'hasty' terrorism bill
ACT Chief Minister Jon Stanhope says he may refuse to sign off on parts of the Federal Government's hasty terrorism bill. Mr Stanhope published a draft of the controversial laws [draconian laws] on his website on Friday and has refused to take it down despite a directive from the Federal Government.

Despoja: Stanhope hero of the hour
Natasha Stott Despoja has described Mr Stanhope as the "hero of the hour". Senator Despoja says there is meant to be a vote on the draft legislation in the week beginning November 7.

Stanhope stands his ground
Stanhope: It is bizarre to think legislation of this significance can be rushed into Parliament without consulting a single Australian.

Anti-terrorism laws inquiry 'too short'
Australia: The Opposition says the inquiry effectively gives senators just one day to examine the bills. Labor's homeland security spokesman, Arch Bevis, says the inquiry will be unable to scrutinise whether the legislation provides a balance between security and civil rights.

Australia: Draconian laws draw rights watchdog's ire
Human Rights Watch has condemned Australia's proposed anti-terrorism laws as a "shocking departure" from its historical championing of the rights of the individual.

Dissent Isn't Taken Lightly Down Under
Historian Michael Foley said during times of war pacifists often get mugged. As a nonviolent activist working to end the war in Iraq and the corporate war profiteering that comes with it, September 2005 has been the most surreal time of my life and I definitely feel like I got mugged by Australian Attorney General Phillip Ruddock and the Australian government.

Australia: Rattling the cage
Recently, the federal government announced a controversial new 'counter-terrorism' package. Civil libertarians were quick to raise the spectre of a police state . Yet Muslim groups argued that the new security regime is already having an impact on the democratic freedoms and everyday safety of their communities.

AUSTRALIA: MUSLIMS SOLD OUT!
Hand picked alleged Australian Muslim leaders are being used to cut their own throats the same as the hand picked Indigenous mob have been used by the John HoWARd Government to screw ATSIC.

Anti-terrorism laws put rights at risk: Fraser
Former prime minister Malcolm Fraser says Australians could be treated unfairly under the Government's anti-terrorism [draconian] laws unless a human rights act is introduced.

Stop the war on civil liberties!
Prime Minister John Howard is using the "war on terror" to promote widespread fear about "terrorists" and "terrorism" in Australia. This is despite the fact that the biggest act of terror being committed today is being carried out by foreign troops, including Australia's, in occupied Iraq.

Spots and Stripes
It is well known that John Howard, infamous lackey and liar, is devoid of anything that could be remotely regarded as masculine or manly; the draconian measures he has implemented to 'secure' Australia against the terrorist bogeyman are astounding.

They know where you live
Twenty-four hours after the country's leaders agreed to draconian counter-terrorism laws this week, the Attorney-General, Philip Ruddock, was playing down media claims that ASIO believed there were 800 would-be suicide bombers living in Australia.

When Terrorism Outlaws Democracy
On September 27, 2005, Australian democracy surrendered to terrorism. On that day, a coalition of willing federal and state leaders agreed to anti-terrorism legislation that will enable police persecution of the Muslim community and threaten dissidents with imprisonment. In a country without a Bill of Rights, the prospect of more draconian Terror Laws delivers ultimate control through fear. Australia, with its history of penal colonies, racism and detention centers, is now set to become a police state.

Evans: moderate threat
Evans doubts reports that 800 potential terrorists are living in Australia.

No! Your Rights Australia
You have the right to not remain silent.

800 people deemed a potential security risk?
As reported in the Australian today, ASIO has apparently identified up to 800 people deemed a potential security risk. Ruddock says the draconian COAG measures "deal with people who pose a risk to the safety and security of the Australian community." Hmmm, like detained and deported US peace activist Scott Parkin perhaps? What is this broad definition of a "Terrorist"?

Democrat Will Oppose Anti-Terrorism Laws
NSW Democrat MLC, Dr Arthur Chesterfield-Evans, has accused the Premier, Mr Morris Iemma, of selling out to John Howard after agreeing to new 'Anti-Terrorism' laws yesterday. Dr Chesterfield-Evans said the proposed laws agreed to by Morris Iemma will not work.

Mein Kampf by John Howard
Months before Bali Au warships were seen invading Iraqi territorial waters in deliberate provocations under American protection. It was obvious that Howard had decided before Bali to join in an illegal and aggressive invasion of Iraq and in fact , when that happened, it was led by Au stormtroopers BEFORE the ultimatum given Baghdad had even run out!

Collection of Terrorists Meet to Take Away Our Rights
Tomorrow (27th of September) the State Premiers and the Federal Government are meeting to conspire to strip Australians of their rights. Welcome to the brave new world of electronic tagging and "preventative" detention.

Tell Your State Premier: Don't Do Ruddock's Dirty Work
Over the past several years, the Howard government has passed a series of dangerous new laws. These laws have undermined our basic legal and democratic rights.

Australian government unveils legal framework for police state
In the lead-up to his September 27 "counter-terrorism summit" with the eight Australian state and territory leaders, Prime Minister John Howard last week unveiled a package of legislation that goes well beyond the already deep inroads made into essential civil liberties under the fraudulent banner of the "war on terrorism..."

Australia: Counter-liberty plans unveiled
AUSTRALIA: VIC: BLACK Hawk helicopters and fighter jets will patrol Melbourne's skies during the Commonwealth Games next March, as part of counter-terror measures outlined today.

John H.o.W.A.R.d line roars at Fascism Week
AUSTRALIA: Parody: (Rooters) - While Attorney General Phillip Duddock helped wrap up a US protester for Prime Meanster, John HoWARd during Australia's Fascism Week after a 5 day detention debut and the removal of Mr Scott Parkin a peace activist who was deported back to Houston, Texas. The h.o.W.A.R.d fascism line, adding a dash of despotism to a week of largely draconian styles.

Parkin charged $11,700 for detention and removal
Los Angeles Friday, 16 September, 2005 : American peace activist Scott Parkin arrived back in the US today, escorted by 2 Australian immigration officials. He is expected to arrive in Houson, Texas on a Continental Airlines flight at around 3pm AEST.

Government out of control on security: Wilkie
Australia: Canberra Thursday, 15 September, 2005 : Former intelligence analyst Andrew Wilkie today staunchly defended US peace activist and teacher, Scott Parkin, saying that the government's national security agenda is out of control.

Australia, USA, Iraq: Scott Parkin
The rapid and widespread response to the detention of US peace and global justice activist, Scott Parkin, has been heartening and effective on many levels. Actions have taken place in Melbourne, Sydney, Brisbane, Cairns and outside several Australian Consulates in the United States.

Peace Activist Agrees to be removed but challenges security review
ATTENTION: CHIEFS OF STAFF - IMMIGRATION REPORTERS - LEGAL REPORTERS

Australia's fascist ideal: Proof
Philip Ruddock, Federal Attorney General to Australian, hopes to eclipse the neo-cons of the US in the race toward the fascist ideal of social uniformity and control (oppression).

Anti-War Extremists Loyal to Scott
What can I say to someone like Scott Parkin? Sorry mate, to get a PEACE prize in this country you need to be drop dead sexy, go-tees are out - you gotta go. Peace Prize.

US Peace Activist to be Deported
Scott Parkin, a Texas based peace activist was detained by Federal police at approximately midday Saturday. He was en route to give a workshop about the progress and success of the peace movement in the US and companies profiting from the Iraq war.

Howard government threatens academic freedom
As Peter McGregor noted in GLW #639, I recently resigned in protest from a committee of the federal government's National Health and Medical Research Committee (NHMRC) and called for a boycott by academics of government committees generally.

'Different times' call for bill of rights, says QC'
To ensure no future government can erode basic human rights. Lex Lasry, QC, gave last night's key note address at the University of Western Australia's annual Day of Ideas.

Australia: a little dab will do ya .....
Reflections on the phoney, hypocritical "values" debate being promoted by the federal government, as part of its proscriptive program to emasculate our democracy.

Government warned Terror Laws "inherently dangerous, draconian and open to misuse" John North, Law Council of Australia: "In times of fear, it is easy for governments to impose ever (more) draconian laws."

Fishing expedition pays off
A man whose home was targeted by ASIO in fishing raids this year is facing fraud charges along with a co-accused who is linked to firearms offences.

The Terrorism of ASIO Laws
Wanda Fish asks Australian Senators to reject Howard's proposal to strengthen laws that already erode our basic legal rights. This legislation has the potential to turn ASIO agents into terrorists who can kidnap and detain innocent Australians simply because they "might know something".

Terrorgraph not quiet on 'Aussie militant' probe
AFP refuses to comment on investigation into militant video: hoWARd's abc.

Phillip Duddock's 'accent' heard in militant broadcast
Australian/Arab television has broadcast a video showing a masked militant with an apparent Australian accent criticising British Prime Minister tony bliar over Iraq.

HICKS: Not a Happy Birthday!
AUSTRALIA/CUBA/US :David Hicks, the Australian imprisoned at the US Base of Guantanamo Bay, will be 30 years old this coming Monday August 7, 2005.

GetUp! Stand Up! Stand Up For Your Rights!
Because of you, something exciting happened in our democracy last week. From every corner of the country, more than 20,000 emails were sent to the Coalition Senators. Our message was simple: now you have control of the Senate, we will be holding you to account. Thousands of you added personal messages to your representatives about the issues you care about.

Australia: We're Living In A War Zone
Prime Minister john hoWARd and his cronies have now placed us in a war-zone moving defence capabilities to Australia's south-east coast.

All the alleged terrorists are Muslims
The Australian Federal Police (AFP) commissioner mick keelty, a well know propagandist and liar, now claims that 60 Islamic extremists are operating in Australia and they are not news to the police and intelligence agencies.

All the wicked witches in Pakistan?
Pakistani authorities say 800 suspected militants [scapegoates and patsies] have been arrested in raids following the deadly London [false flag operation] bombings, as Islamic groups protest a move to expel 1,400 foreign students.

It's just not cricket: Khan
The perception in the West remained that somehow Islam was connected to militarism and terrorism, that all Muslims believe that all suicide bombers go straight to heaven. No one mentioned that before [false flag operations of] 9/11 70 per cent of suicide bombings in the world were committed by the Tamil Tigers in Sri Lanka, who were Hindus.

Lawyer dismisses ASIO fishing raids as PR stunt
Fascist federal Police (AFP) and ASIO officers conducted more raids in Melbourne and Sydney yesterday but the publicity surrounding the raids has been dismissed as a public relations exercise by the Melbourne lawyer for an accused terrorist.

Howard off to US, UK - part 5
PART-5- PRIME minister john hoWARd will meet US president george w buSHIT, British prime minister tony blair and queen 'imperialism' herself during a 10-day visit to the United States and the UK next month.

hoWARd, ruddock, ellison, keelty and news ltd plotted chaos
AUSTRALIA/CUBA: Government and corporate propaganda agencies 'believe' they have foiled an attack on the Melbourne Stock Exchange by a radical Islamic network linked to a covert group, which has carried out surveillance on key Sydney sites.

Houses raided over 'possible' political attack plans?
ASIO have raided a number of properties in Melbourne on a 'fishing expedition' in relation to a 'possible' political scare campaign by the hoWARd government, playing on the fears of all Australians... again!

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
This forum will bring together legal representatives and victims of counter-terror, along with justice campaigners and organisations in order to share strategies for achieving justice for these men and the many other like them.

WAR ON TERROR, WAR ON HUMAN RIGHTS: AMNESTY
The Canterbury-Bankstown Peace Group & the Justice for Hicks & Habib Campaign welcome the statement by Amnesty International Secretary General Irene Khan, condemning the US Administration for condoning torture and the suppression of 'human rights' in their 'war on terror'.

Murdoch's war on truth in war reporting
People who remain to be convinced that cross-media laws are important to maintaining the fabric of our democracy need look no further than today's page one of The Daily Telegraph.

Chomsky signs on for justice
Noam Chomsky has signed the Justice for Jack campaign petition which calls on the Australian Attorney General Philip Ruddock and Director of Public Prosecutions to "drop any charges reliant on records of interviews conducted under duress without the presence of a lawyer."

If he'd been given his passport he'd be a free man
A Sydney man [scapegoat in the Coalition of the Killings resource wars in the Middle East] has been found not guilty of preparing for a terrorist attack on a Commonwealth building [ruling class propaganda.]

Trial by unrelated video clips
Should alleged terrorist suspects [scapegoats for the resource wars in the Middle East] be shown on television side-by side-'terrorist training camp film clips' gathered by the government and media archives to give the wrong impression of accused people facing trial?

Accused Australian Citizen 'denied passport in 2002'?
AN AUSTRALIAN CITIZEN who was refused a passport by DFAT in mid-2002 became frustrated at the government for treating him differently.

Court should be told Gov't using 'Jack'!
A Melbourne court should have been told a man accused of working for Al Qaeda is being used by the fascist Australian Government as a pawn in their leverage to win support for their illegal and degrading activities.

Noble Cause Torture?
AUSTRALIA: The Labor Party has decided not to support a Senate inquiry into new allegations made by Mamdouh Habib that the Australian Government cooperated with Egyptian intelligence authorities who he insists tortured him.

New account adds weight to interrogation claims
Australia/Cuba/Iraq: The fascist Federal Government is under further pressure today because Australians were involved in the interrogation of tortured Iraqi prisoners.

Australian senate accused govt of war crimes
Did you hear the one about David Hicks and Mamdouh Habib having a Barbeque in Afghanistan with Bin Laden? Yeah it was reported on Channel Seven's Sunrise this morning! But they don't know if it was a sheep or a goat, but sources say it was most likely a goat.

DPP to appeal innocent man's bail
The Commonwealth Director of Public Prosecutions (DPP) will seek to have an innocent Melbourne man Joseph 'Jack' Thomas, returned to isolation in custody?

Fascist Australian Govt torture exposed
The fascist Federal Government has been exposed for the torture of Australian Mamdouh Habib and the US Government's allegations against him (if they were true) would have been made under duress.

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?

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......
KAREN PERCY: Two of Australia's leading barristers have seized on the return of Guantanamo Bay detainee, Mamdouh Habib, to launch an unprecedented attack on the Federal Attorney General, Philip Ruddock.

Aust Community criticises Govt for 'crimes'!
Australia: The Law Council of Australia is warning that the Federal Government must learn from its mistakes over Guantanamo Bay? Now that's a mistake!

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.

He has an active ministry in prison

Dr Gordon Moyes Superintendent Wesley Mission & Part of the Prime Minister's Community Business Partnership?

Bronson Blessington: was the youngest person to be sentenced to life imprisonment since the transportation ended in 1840.

CRIMES (SENTENCING PROCEEDURE) AMENDMENT (EXISTING LIFE SENTENCES) BILL

Second Reading

The Hon. Tony Kelly: (Minister for Rural Affairs, Minister for Local Government, Minister for Emergency Services, and Minister for Lands) The Government has continually stated that it would protect the community forever from never-to-be-released prisoners.

The Government has in the past amended sentencing legislation to make it perfectly clear that not withstanding the provisions of the 1989 legislation, in the case of a very small number of offenders where the courts had previously recommended that an offender should never be released, that recommended should be enforced.

A recent decision of the Supreme Court in R v Blessington has held that an offender with a section 13A application that was pending as at 8 May 1997 is not subject to the present rules for redetermination.

The decision also canvassed the possibility that Blessington (and by extension, any others who have not yet had their application determined) might now be able to appeal the sentencing court's recommendations that they never be released. They would therefore be excluded from the application of the current regime for redetermination of those never to released offenders.

The Government believes that the intention of the legislation past by this Parliament was clear.

We have sought advice from the Solicitor General, who has advised that there is some prospect of a successful appeal.

But the people of NSW, and the Balding family, deserve certainty. Both the Solicitor General and the Director of Public Prosecutions believe that the best way to deliver that certainty and remove ambiguity is through an appropriate legislative amendment.

This will ensure that the current regime works uniformly and that all never to be released prisoners will:

* not be eligible to have their sentence redetermined until they have served at least 30 years;

* if a non-parole period is fixed on a redetermination, the offender may not receive a fixed term; and

* that where a non-parole period is fixed on a redetermination, parole cannot be granted except where the offender is in imminent danger of dying (or is incapacitated to the extent that he or she no longer has the physical ability to do harm to any person) and has demonstrated that he or she does not pose a risk to the community.

The amendments proposed in schedule 2 ensure that section 15A of the Crimes (Administration of Sentences) Act 1999 applies to a 'never to be released' offender regardless of whether the non-release recommendation has been quashed, set aside, or called into question.

The amendments remove any possible ambiguity in relation to the application of the law in respect of any particular offender.

The Hon David Clarke: This bill, which is supported by the Opposition, amends the Crime (Sentencing Procedure) Act 1999 so as to overcome the effect of the decision given on15 April 2005 in the case of Blessington v The Queen, thereby achieving the Government's commitment to keep Bronson Blessington, and people like him, indefinitely locked up. The background circumstances are that in 1990 Bronson Blessington, then aged 14, was convicted of the abduction, sexual assault and murder of Janine Balding.

As a result in sentencing legislation passed in 1989, offenders serving life sentences could apply to the court after eight years for a defined sentence with a minimum and additional term. In more recent years amendments to sentencing legislation relating to inmates subject to a non-release recommendation have been introduced which provide that the period before which an application for a redetermination application could be made was at least 30 years.

When the Minister for Police, Mr Whelan, introduced the Sentencing Legislation Further Amendment Bill in 1997 he described Blessington as representing "pure evil".

Reverend the Hon. Dr Gordon Moyes: I speak on behalf of the Christian Democratic Party on the Crimes (Sentencing Procedures) Amendment (Existing Life Sentences) Bill. These amendments seek to ensure that the current regime for redetermination of existing life sentences of "never to be released" offenders extends to all those offenders whose original sentences have not been redetermined, and applies to those offenders even if theoriginal non-release recommendations are now appealed. I commend the bill to the House.

I acknowledge that the Hon. Peter Breen knows more about Bronson Blessington than anybody in this Chamber because of his close professional association with him.

However, I take Beverly Balding's point that Bronson was capable of knowing the difference between right and wrong.

I took calls over a long period of time on talk back radio and I found not one comment from the community at large in support of Bronson Blessington's early release. By the age of 14 he had been sexually abused by four adult males, was a street kid, an alcoholic, a petrol sniffer, and basically uncontrollable. I have been informed on good, reliable authority from those who work within the prison system that when he became a Christian in 1990 his life very dramatically changed.

In his speech the member for Wagga Wagga, Mr Daryl Maguire, referred to some comments made by Beverly Balding, the mother of Janine Balding.

"Although Blessington was 14 (one month off 15 years of age), he was an uncontrollable child, and had been on the streets for quite some time before he and the others took part in Janine's horrific rape and murder. There is no excuse whatsoever for what they did, and they were all old enough to know right from wrong."

Over the past 14 years or so his Christian life has made Bronson and outstanding model prisoner. He has said that the Lord has led him to lead more than 580 Bible studies within prison yards, with an attendance well over 5,500 prisoners. I commend him on the step that he has taken to invite Christ into his life. Staff of mine from Wesley Mission, who go within the prison system, speak most highly of his complete change of life through his Christian commitment.

His Christian witness in prison will continue to be powerful witness of the power of Christ to change people. If Blessington is preaching to prisoners, I would encourage him to keep on doing so. But can he continue to be a Christian in gaol? That is what Jesus Christ, the apostle Paul, the apostles Peter and John, and a million other twentieth century Christians have done.

I wish Mr Blessington well in his continuing experience as a Christian within gaol. The Hon Dr Arthur Chesterfield Evens: The result is that if an appeal against this bill were made to the High Court by Blessington, the appeal would be ruled against, as occurred in Baker v The Queen.

It therefore falls to the member of this Parliament to override the courts if we will. That is a sad state of affairs. I do not believe I have sufficient knowledge to overrule the courts. I think it is extraordinarily arrogant of us to be voting on a bill such as this when we have heard not a thing from Blessington.

The Hon Peter Breen: Not a word.

The Hon Dr Arthur Chesterfield Evens: Despite these circumstances, we are asked to overrule the courts as if they are nothing. I repeat this is a sad state of affairs. If past this bill will retrospectively take away the right of this prisoner to have his sentence redetermined. We are overriding the courts. On what do we base any such decision? Not on serious knowledge, I put to the honourable members of this House.

No-one doubts the abhorrence of the events surrounding the death of Janine Balding, and no-one doubts that Blessington was guilty. I note the comments of the Reverend the Hon Dr Gordon Moyes, who spoke about the fact that Bronson Blessington has turned to Christ and that people within the gaol system have noticed an immense change in him.

I was rather surprised in that circumstance Reverend the Hon. Dr Gordon Moyes did not say he would forgive Blessington. I had thought from the way the honourable member spoke that he might have come to that position. Indeed from my recollection of the Bible, Jesus Christ forgave sinners on the cross.

Reverend the Hon. Dr Gordon Moyes did not express such forgiveness; rather, he pointed to public opinion expressed to him on talk- back-radio. My own view is that we should not act according to what is said on talk- back-radio. Our job is to lead the country, not follow opinions. We must be aware of opinions heard on talk-back-radio. If we are not, presumably that is at our own peril. We need to do better than that.

The Democrats oppose bills that operate retrospectively against individuals. I believe we do so without detracting from the suffering of the Balding family.

The Hon. Peter Breen: I speak against the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Bill. All week I have been waiting for the Daily Telegraph to do a story on this bill, the object of which is to keep Bronson Blessington in gaol "forever", to use the word of the Attorney General in the other place. Certainly, that is the Government's intention.

Yesterday I thought the story appeared on page 17 when I read the headline "Dig deep to find the cure for a killer." To my surprise, the article was about heart disease, and seeking donations to the Peter Frilingos appeal.

The headline would have been appropriate for a story about the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Bill because the Government is digging deep, in fact, that the ground under the Government's feet on this bill is too hot even for the law and order lobby.

The Daily Telegraph has not written one word on the bill. Bronson Blessington was no ordinary offender. When he murdered Janine Balding by drowning her in a dam at Minchinbury in 1988 he was 14 years old with the mental capacity of a 9 year old or 10 year old. His mental condition gave rise to a classic case of diminished responsibility, but the defence was never pleaded at his trial. -- a fact that the trial judge drew attention to in his sentencing remarks.

I wrote to Blessington's lawyers asking them why the defence of diminished responsibility was not raised, and they could not recall. Indeed, they could not recall any discussions about the issue of diminished responsibility.

The sentencing judge also observed that the mental condition affecting Bronson Blessington was a temporary disorder of adolescence, and that the boy had good prospects of recovery.

Indeed, the judge also observed that the boy was already making excellent progress towards rehabilitation in juvenile detention while he was awaiting trial.

Sentencing judges make those kinds of observations all the time. Sometimes they are prophetic; at other times what they predict turns out to be quite wrong. In the case of Bronson Blessington, everything the sentencing judge said turned out to be true. The boy recovered from his temporary mental disorder, he did well in rehabilitation and, as Reverend the Hon. Dr Gordon Moyes pointed out, at age 17 Blessington converted to Christianity while he was still in juvenile detention. He studied by correspondence at theMoore Theological College.

Reverend the Hon. Fred Nile: He has a ministry in prison.

The Hon Peter Breen: He has an active ministry in prison. I cannot imagine anyone else being in a position to approach prisoners in the way he does. He goes out into the yard with his Bible and says, "Anyone for scripture?"

People gather around; it is an extraordinary ministry. Bronson Blessington is living proof that children who make mistakes literally grow out of their problems, that juvenile offenders can be rehabilitated and that giving people a second chance is a sentencing principle that lies at the heart of a justice system that evolved from a penal colony. These are the reasons the legislation before the House today did not get a run in the Daily Telegraph. [this week 5 May 2005].

Bronson Blessington was the youngest person to be sentenced to life imprisonment since the transportation ended in 1840.

Murder committed in New South Wales prior to 1990 carried a life sentence unless the trial judge was satisfied that mitigating circumstances significantly diminished the prisoner's culpability for the crime. In practice a life sentence did not mean natural life as a prisoner could apply to the Supreme Court after eight years to convert the life sentence to a fixed term.

Approximately 250 lifers indicted before 1990 have applied for fixed- term sentences to replace their life sentences, and so far 225 of them have been successful. In 1990 the average life sentence served for murder was 15 years.

As part of its tougher approach to crime and punishment, the Government changed the law in 1990. To what is called truth in sentencing legislation of 1989. Which came into effect on 12 January 1990. As a result of that legislation, a life sentence now means for the term of a prisoner's natural life.

I have a longstanding interest in Bronson Blessington and his convicted co-offender, Stephen "Shorty" Jamieson, who was a victim of foetal alcohol syndrome and a person who was almost certainly innocent of the crimes for which he stands convicted. It was a bizarre case of mistaken identity. Both Blessington and Jamieson have now served 16.5 years in prison.

The bill before the House is directed solely directed at Bronson Blessington, who made a successful application before Justice Dunford in the Supreme Court and judgement was delivered on 15 April 2005.

It seemed to me that this young man had paid for his crimes and deserved a second chance to give something back to society. Bronson Blessington was partly raised by his paternal grandparents, Mat and John Blessington, who were field officers for the Salvation Army.

Visiting the child prisoner, initially at the juvenile detention centres and later in the adult prisons, Mat Blessington and Jack Begnall became good friends, and today they are both resolute and forthright men -- even at over 70 years of age -- praying ceaselessly for the salvation of Bronson. The assistant pastor reminded me that Christianity is tailor made for prisoners, offering them hope. Jesus Christ himself was a prisoner, as Reverend the Hon. Dr Gordon Moyes has pointed out. He was despised, a man of sorrows, familiar with suffering, and one from whom we avert our gaze, to paraphrase the prophet Isaih.

Jack said. "God forgives even the greatest sinners, and this is the liberating power of Christianity. Many prisoners who previously had no knowledge of God and led aimless lives find their liberation in prison through the gift of faith. I suggest to the assistant pastor that many inmates who have suffered injustice and oppression identify with the counter-cultural and revolutionary Jesus who lurks at the heart of Christianity."

Prosecution and defence lawyers have opposing tasks; one seeks a conviction and the other seeks an acquittal. Police assist the prosecution and play a critical role in deciding what will be investigated and how the evidence is presented to juries, for the most part, are kept in the dark about the bargaining that goes on between the prosecution and the defence over the evidence.

But when it comes to sentencing the judge, as sole arbiter of the fate of a prisoner, ought to have the benefit of all of the facts, and those facts ought to form the basis of the prisoner's sentence. That is one of the problems with Parliament deciding sentences. We have to do it in the context of a debate. How can we make a judgment about the life of a person without getting the facts?

A psychiatrist, Dr Clark said the youth suffered from "a conduct disorder of adolescence", a defined medical condition in the Diagnostic and Statistical Manual of the American Psychiatric Association. The psychiatrist concluded that the boy suffered from an abnormality of mind "which was present at the time of the offence" and "fits the criteria for a defence of diminished responsibility".

After quoting the report Justice Newman said, "I might add this defence was at no stage raised during the course of the trial". In the very next sentence he observed that the condition diagnosed by the psychiatrist is transient and the good doctor expected it to be resolved in time.

The Judge said, "On the basis of this Dr Clark held out the strong hope that the boy Blessington is capable of being rehabilitated". Then the judge referred to the reports from the Department of Youth and Community Services indicating Bronson had already made "excellent progress" in the juvenile detention centre while awaiting trial.

This was when Bronson was 17.

By God 21 May 05

Related:

Putting your Family First?

(This following link has now been removed from gov't website now updated 18 April 2009.)

The Prime Minister's Community Business Partnership

"Working in partnership not only has the potential to enrich people's lives but can also deliver tangible results for all Australians. Community and business partnerships are a driver to accomplish better outcomes than any group acting alone could achieve."

The Hon. John Howard, MP, the Prime Minister of Australia and Reverend The Hon. Dr Gordon Moyes AC, MLC Superintendent Wesley Mission?

Photo Source: Reverend The Hon. Dr Gordon Moyes AC, MLC Superintendent Wesley Mission from that site.

However, some of that material now posted on another website without the photos:

Prime Minister's Community Business Partnership

Related Links:

PETITION
To Her Excellency the Honourable Marie Bashir, AC, Governor of New South Wales. WHEREAS, under the Royal prerogative of mercy Your Excellency has discretion to grant a pardon to a convicted offender. WHEREAS, Bronson Matthew Blessington was convicted of murder and sentenced to life imprisonment on 18 September 1990. At the time of committing the offence Bronson Blessington was a juvenile aged 14 years and he is the youngest person sentenced to life imprisonment in New South Wales since transportation ended in 1840.

Bronson Blessington: Testimony from my prison cell
Before my conversion in 1990 I was completely illiterate, extremely fearful of all adults due to the fact, I had been sexually abused by four adult males. I lived in a fantasy world, crying out for someone to love me and looking for somewhere to belong. By the age of 14 I was an alcoholic and a petrol sniffer and basically uncontrollable. I only write this so you have some idea of where I was at when God reached deep into my soul and washed me clean with the blood of Christ.

NSW Prisoner speaks out
Hello my name is Bronson Blessington. I am writing this letter to you in the hope that you will be able to give me some assistance. I have been in prison now for 15 and 1/2 years. I was given a life sentence when I was 14 years old.