Waihopai Ploughshares: 1.30pm today at parliament
Peace Movement Aotearoa
8 May 2013
On the first day of the Waihopai Ploughshares' Court of Appeal hearing in Wellington, Waihopai Ploughshares' supporters
will give their clothes to the Prime Minister John Key, at 1.30pm at parliament. This action, to highlight the human
rights and justice issues around the hearing, is in keeping with the teachings of Jesus, "if any man will sue you at the
law, and take away your coat, let him have your shirt as well" (Matthew 5:40).
In March 2010, after an eight day trial, the Waihopai Ploughshares were acquitted by the jury. In response, in October
2010, the government lodged a civil claim for $1.2 million, on behalf of the Government Communications Security Bureau
(GCSB). In August 2011, at the High Court in Wellington, Associate Judge David Gendall declined an application for a
full hearing and issued a summary judgement awarding $1.2 million damages in the government's favour, as well as court
costs. Last year, the Waihopai Ploughshares lodged an appeal against the High Court decision, and the appeal is being
heard by the Court of Appeal in Wellington on Wednesday, 8 and Thursday, 9 May 2013.
* Background information
On 30 April 2008, a Christian Ploughshares team - Adrian Leason, Father Peter Murnane and Sam Land - entered the grounds
of the GCSB / US National Security Agency spy base at Waihopai and punctured the dome covering one of the two antenna to
disable and draw attention to the role of the base - part of the US governments global spy network - in the 'war on
terrorism'. They then built a shrine and prayed for the victims of the war with no end while waiting to be arrested.
This citizen's disarmament initiative is known as Waihopai Ploughshares.
In March 2010, after an eight day trial, the Waihopai Ploughshares were acquitted by the jury. In response, in October
2010, the government lodged a civil claim for $1.2 million, on behalf of the GCSB. In August 2011, at the High Court in
Wellington, Associate Judge David Gendall declined an application for a full hearing and issued a summary judgement
awarding $1.2 million damages in the government's favour, as well as court costs. Last year, the Waihopai Ploughshares
lodged an appeal against the High Court decision, and the appeal is being heard by the Court of Appeal in Wellington on
Wednesday, 8 and Thursday, 9 May 2013. A more detailed chronology of these events is included below.
The outcome of the appeal has wide implications for human rights and justice: if the High Court decision stands, it
makes it more likely that a vindictive government will initiate costly civil proceedings against defendants who have
been found not guilty if it is dissatisfied with the outcome of a trial - this would have particularly negative
implications for anyone acting on their conscience who engages in a citizen's disarmament action.
* Waihopai Ploughshares: chronology of events
On 30 April 2008, the Waihopai Ploughshares - Adrian Leason, Fr Peter Murnane and Sam Land - entered the grounds of the
NZ Government Communications Security Bureau (GCSB) / US National Security Agency spy base at Waihopai and punctured the
dome covering one of the two antenna to disable and draw attention to the role of the base - part of the US governments
global spy network - in the 'war on terrorism'. They then built a shrine and prayed for the victims of the war with no
end while waiting to be arrested. Their statement is available at http://www.converge.org.nz/pma/plshares.htm
The Waihopai Ploughshares trial started on 8 March 2010. Their defence was based on 'claim of right' (widely misreported
by the media as a necessity defence) and on 17 March 2010, the trial jury acquitted the three defendants. An overview of
the trial with links to more information is available at http://www.converge.org.nz/pma/plupdate.htm
On 7 April 2010, the Attorney-General announced that the government would not appeal the verdict, but was considering
suing Waihopai Ploughshares for (at that time) $1.1 million.
In October 2010, the Attorney-General lodged a civil claim for $1.2 million, on behalf of the GSCB - see for example,
'$1.2m Crown seeking includes beer, pies' at http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1=10679078
On 3 November 2010, the government announced that it would be limiting the 'claim of right' defence so that it could not
be used in similar circumstances in future.
On 8 August 2011, there was an all-day hearing in the High Court as to whether the government would be awarded summary
judgement of $1.2 million damages for the costs of repair of the spy base dome (and food and drink for the workers who
repaired it) or whether the matter would proceed to trial - the decision hinged around whether or not the judge
considered the three defendants had a chance of successfully arguing a case against the awarding of damages to the
government. A brief overview of the defence case, which was based in part on the defences of necessity and self-defence
/ defence of another and in part on ex turpi causa, is available at
http://www.facebook.com/note.php?note_id=217666044947439
Associate Judge David Gendall's decision was released on 31 August 2011. His judgement was that the defence did not have
a case, and that summary judgement of $1.2 million damages was therefore awarded in the government's favour, as well as
court costs. The media release from Adrian Leason in response is available at
http://www.facebook.com/note.php?note_id=228892570491453 and at http://www.converge.org.nz/pma/plshares.htm
In 2012, Waihopai Ploughshares appealed the High Court decision, and the Court of Appeal hearing is being held in
Wellington on 8 and 9 May 2013 - information on the Court of Appeal hearing, updates, and photos are available on the
Waihopai Ploughshares page at http://www.converge.org.nz/pma/plshares.htm and at
http://www.facebook.com/PeaceMovementAotearoa
ends