Ian interviews Andy Paine Broadcast on Paradigm Shift 4 triple Z at fm 102.1 on Friday 29 September 2016

The arrest and subsequent court appearance of the pine gap four who were taken by police inside the US spy base but charges were dismissed for lack of authority from the attorney general, George Brandis.

Will the attorney-general now authorise charges under the DEFENCE (SPECIAL UNDERTAKINGS) ACT 1952 are or will he demur? There seems to be little political justification for charging the defendants because all they were doing was singing a lament and drawing attention to the US spy base.

Here is relevant section:

DEFENCE (SPECIAL UNDERTAKINGS) ACT 1952 – SECT 28

Prosecution of offences
(1)  A prosecution under this Act or the regulations shall be instituted only by or with the consent of the Attorney-General or of a person acting under his or her direction.

(2)  A person charged with an offence against this Act or the regulations may be arrested, or a warrant for his or her arrest may be issued and executed, and he or she may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General or of a person acting under his or her direction has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

(3)  Nothing in this section prevents the discharge of a person charged if proceedings are not continued within a reasonable time.

It seems clear that the attorney-general will provide his consent.

If he does, a long court case awaits the defendants.

Maximum penalty for trespass at Pine Gap is 7 years jail.