Ark Tribe:the trial -act1, scene1
As I was in Adelaide seeing friends and grandchildren, I took the opportunity to attend the Union rally in support of unionist Ark Tribe’s liberty – he is facing six months for saying nothing! (see earlier blogs on the ABCC).
As well as the strong CFMEU speeches warning mass strikes if Ark is penalised, addressing the rally was Paddy Hill (Birmingham 6) and Gerry Conlan (Guildford 4). Both had been unjustly imprisoned for several years in the UK before being exonerated. They came all the way from Scotland and Ireland to support Ark and voice their disgust at a possible similar injustice.
Most impressive and have to be listened to so we can understand the Police state we live in.
If Ark goes in, construction workers across the country will go out.
But being interested in the legal proceedings against Ark, I decided to sit in the Magistrates court. A very small room with only 20 seats for the press and public, that did not allow in the hundreds of rank and file building workers, but some CFMEU and VTHC elected officials managed to squeezed in.
Here were heavy legal guns – appearing for Ark was leading Adelaide Counsel Michael Abbott and Brind Woinarksi QC, leading Melbourne criminal silk for the ABCC and for the Commonwealth DPP.
Before the prosecution could start, Ark’s silk was on his feet arguing the application to prosectute was a nullity as it was not done properly.This was a legal technicality. Magistrate Whittle can only proceed if the application is brought legally and the union argued the person authorising the prosecution did not have the power to do so. The ABCC had a history of prosectuting buliding workers but not using the required process.
A normal construction worker accused of nothing more than failing to attend an interrogation by the Construction Star Chamber for the Australian Building and Construction Commission has to be prosectuted in the proper way.
The prosecutor was on his feet in his reply for awhile and although a simple issue required the explanation that somehow rather than the Building Industry Act offence the process was through the Crimes Act. I was not able to follow the High Court case, and other references, but guessed that he was off track a bit by citing similarly the fair Work Act that had nothing to do with it.
The magistrate wanted the submissions in writing (I think maybe the transcription services dont work so well) and adjourned his decision until 2pm wednesday that was then further adjourned untill friday 18th june when he announces his decision.
We shall see the result that then maybe appealed…who knows.
Ark and CFMEU Dave Nunan went back down to
the CFMEU workers to report back, some ‘workers united will never be defeated’ and handshakes all around and if Ark goes in gaol then workers go out! Keep following this vital trial.
www.rightsonsite.org.au
right to strike
