It's been a long wait for Ark Tribe. With court appearances almost into the double figures, adjournment's and the recent postponing of the decision, this bloke has been through hell. But he's handled it with class; always thanking his mates, family, and union comrades for the strong support they've given him throughout this turgid farce.
If it goes to script, Ark will be a free man tomorrow and he can get on with a life that has been put on hold for over two years, all because he had the mettle to stand up to a bully. And the ABCC is the biggest bully in Australia. What other entity can, without justification, summon an individual to an interview and force them to rat on their mates or force them to reveal the content of a union meeting called to address a workplace safety issue? What organisation can remove one's democratic right to silence and access to a lawyer? What other organisation attacks the men and women who build our nation by subjecting them to laws that aren't even used on suspected terrorists? That's the nature of what is now Gillard's ABCC, her "tough cop on the beat".
If Ark walks out of the Adelaide Magistrates Court tomorrow as he should, a free man, it will be a victory to saviour. But is it a victory for democracy? Not in the slightest. The fact that our Government can persecute an honest working man for standing up for basic rights at work, drag him through the courts, and potentially jail him, is an outrage, and quite frankly, more Australians should be protesting.
Thankfully, Ark has had fantastic support from thousands of workers around the country, and you should all be congratulated. As long as working people unite against these fascistic attacks against their brothers and sisters we will defeat those who wish us harm. The ABCC must be abolished. Dare to struggle, dare to win. See you at the courthouse at 8.30am tomorrow!
Showing posts with label arkstribe. Show all posts
Showing posts with label arkstribe. Show all posts
Tuesday, November 23, 2010
Monday, August 2, 2010
Who's policing the police?
A question on many people’s lips during the six days of Ark’s trial was : why did the ABCC witnesses enter and leave by the same door reserved for magistrates?
A few questions to those in the know revealed that this practice was highly unusual. A journalist in the court couldn’t remember this ever happening before. In fact, Ark’s Barrister Michael Abbott questioned Magistrate Whittle as to why. The magistrate had no idea and referred Abbott to the Sheriff’s office.
More unusual was the fact that Ark’s team wasn’t afforded the same privilege. Whilst this activity will have no bearing on the case, it nevertheless reflects the special privilege given to the prosecution’s ABCC witnesses as opposed to witnesses in other cases waiting outside the various courts.
It could also leave an impression designed to highlight the charges against Ark Tribe as so serious and heinous that witnesses would require greater levels of protection than witnesses in murder, rape or even terrorist trials. That is the impression the ABCC wants the public to accept.
Throughout Ark’s trial it became clear that the ABCC witnesses think they have the power to do and say anything they want without reasonable justification. It was at times like listening to Rumpole of the Bailey confronting the well versed old copper, fixed in his ways and never allowing his views to be tainted by the facts.
Dave Noonan, National Secretary Construction and General Division CFMEU, tells some of the story:
“In extraordinary evidence this week the community learnt a great deal about the way the ABCC does business. The construction industry Star Chamber is supposed to exhaust all other channels before it uses its big guns (the controversial section 52 orders which compel workers to attend a secret interrogation). But under cross-examination, ABCC Inspector Seamus Flynn admitted that not much had been attempted before the Commission resorted to its extreme coercive powers. All Mr Flynn did before he fired the cannon was to make two quick telephone calls to CFMEU member, Ark Tribe. No letter, no text, no visit - straight to the compulsory secret interrogation. A pattern is emerging of an organisation that may not have operated within its powers and functions under its own legislation. The Commission does not seem to have paid proper attention to making sure it acted even in accordance with the very limited safeguards placed on its unprecedented powers.”
Ark’s team also questioned the ABCC inspectors use of Right of Entry . Under cross examination it was revealed that inspectors may not have the power to serve notices while purporting to use their Right of Entry powers under the Act.
It was also revealed that some documents served to Ark on site had no legal basis, yet the inspector relied on his powers to enter the site.
Had a union official misused his or her Right of Entry power the ABCC inspectorate would be demanding fines and/or removal of the Right of Entry from the official. The ABCC wield their self-appointed powers around like sumo wrestlers on steroids, frantically trying to sort out the construction industry while flexing their muscles to justify their pathetic existence. This mob has no place in a democratic country and must be disbanded.
A few questions to those in the know revealed that this practice was highly unusual. A journalist in the court couldn’t remember this ever happening before. In fact, Ark’s Barrister Michael Abbott questioned Magistrate Whittle as to why. The magistrate had no idea and referred Abbott to the Sheriff’s office.
More unusual was the fact that Ark’s team wasn’t afforded the same privilege. Whilst this activity will have no bearing on the case, it nevertheless reflects the special privilege given to the prosecution’s ABCC witnesses as opposed to witnesses in other cases waiting outside the various courts.
It could also leave an impression designed to highlight the charges against Ark Tribe as so serious and heinous that witnesses would require greater levels of protection than witnesses in murder, rape or even terrorist trials. That is the impression the ABCC wants the public to accept.
Throughout Ark’s trial it became clear that the ABCC witnesses think they have the power to do and say anything they want without reasonable justification. It was at times like listening to Rumpole of the Bailey confronting the well versed old copper, fixed in his ways and never allowing his views to be tainted by the facts.
Dave Noonan, National Secretary Construction and General Division CFMEU, tells some of the story:
“In extraordinary evidence this week the community learnt a great deal about the way the ABCC does business. The construction industry Star Chamber is supposed to exhaust all other channels before it uses its big guns (the controversial section 52 orders which compel workers to attend a secret interrogation). But under cross-examination, ABCC Inspector Seamus Flynn admitted that not much had been attempted before the Commission resorted to its extreme coercive powers. All Mr Flynn did before he fired the cannon was to make two quick telephone calls to CFMEU member, Ark Tribe. No letter, no text, no visit - straight to the compulsory secret interrogation. A pattern is emerging of an organisation that may not have operated within its powers and functions under its own legislation. The Commission does not seem to have paid proper attention to making sure it acted even in accordance with the very limited safeguards placed on its unprecedented powers.”
Ark’s team also questioned the ABCC inspectors use of Right of Entry . Under cross examination it was revealed that inspectors may not have the power to serve notices while purporting to use their Right of Entry powers under the Act.
It was also revealed that some documents served to Ark on site had no legal basis, yet the inspector relied on his powers to enter the site.
Had a union official misused his or her Right of Entry power the ABCC inspectorate would be demanding fines and/or removal of the Right of Entry from the official. The ABCC wield their self-appointed powers around like sumo wrestlers on steroids, frantically trying to sort out the construction industry while flexing their muscles to justify their pathetic existence. This mob has no place in a democratic country and must be disbanded.
Monday, November 30, 2009
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