Network Against Prohibition

Network Against Prohibition

Network Against Prohibition (NAP) is the name given to the drug law reform and human rights activist group that began on 7 March 2002, in Darwin, Australia in response to the Northern Territory Labor Government's drug house legislation. NAP members aim to end the prohibition of drugs, and specifically, the War on Drugs and the human rights abuses faced by people who ingest illicit drugs. NAP, as it has become widely known, amassed a raft of court cases which had their denouement in 2007, when first, one of the NAP activists, Rob Inder-Smith, served jail time, and second, another, Stuart Highway, received an out-of-court settlement for having been wrongfully jailed in 2004.


Contents

About the Network Against Prohibition (NAP)

The Network Against Prohibition (NAP) is a group dedicated to promoting and protecting the health and human rights of illicit drug users around the globe as well as the rights of those living in communities in developing countries who rely on opium, coca, cannabis, etc. for their survival. NAP originally formed in Darwin in the NT, however the group claims to be undergoing an expansion.

As well as engaging in activism and direct action activities, NAP provides a number of health and other services to people who use illicit drugs in the Northern Territory of Australia, including an after-hours needle-exchange program.

NAP is made up entirely of volunteers and does not receive any funding from government or corporate sources.

The Darwin-based chapter of NAP (currently the only active chapter) maintains an extensive website [1] which includes an archive of the latest Northern Territory drug news. The group also publishes a regular email newsletter [2].

NAP's cause celebre is an immediate end to the war on drugs, which puts it under the same umbrella as the highly respected Law Enforcement Against Prohibition, and any number of formidable anti-drug war groups that have sprung up in recent years. Though restricted by a limited support base in the NT capital (population: 70,000 [Australian Bureau of Statistics, June 2005]) NAP's presence and activities have raised the ire of the ultra-conservative establishment, which has responded in kind by hauling various members through the courts and imposing jail terms upon them.

Activities of the Northern Territory Chapter of the Network Against Prohibition

The NT Drug News Vault [3] is another resource provided for the NAPNT community. This is an archive of Northern Territory drug news/stories. There are more than 850 archived articles. All NAPNT members are encouraged to newshawk and to that end the network works closely with the Media Awareness Project.

Some NAPNT members write letters to the editors of their local newspapers to promote drug law-reform messages and to affirm the human rights of people who use illicit drugs.

The NAPNT website [4] features articles on Australians in trouble for drug offences overseas, for example Schapelle Corby and the Bali Nine. NAPNT members regularly publish articles on issues such as petrol sniffing and other "law and order" issues.

The Darwin-based NAPNT receives regular coverage within the Northern Territory, Australian and global media, including TV and radio coverage.

Each year since 2002, the NT Chapter of NAP has facilitated the Darwin International Syringe Festival. This is a protest as well as a celebration, focusing on the war on drugs.

As part of their ongoing community education activities, NAPNT members regularly conduct information stalls around Darwin, including a stall at the Nightcliff markets every Sunday.

The Parliament Invasion

On 14 May 2002, ten people associated with NAPNT interrupted the Legislative Assembly of Australia's Northern Territory. Nine of these became the first people charged under Section 61 of the Northern Territory Criminal Code: "disturbing the legislative assembly whilst it is in session." This is the first time that legislation like this has been used anywhere in the Westminster system since the days of Oliver Cromwell.

Of the nine, Andrew Albert Tasman Deacon pleaded guilty at the first instance, and after an initial 14-day jail sentence this was replaced with community work on appeal.

Luke Masters and Aaron Stallard-Bryce changed their plea to guilty at the end of a marathon 16-day hearing in the Darwin Magistrates' Court. They were each sentenced to a period of community work, although Luke Masters spent 14 days in Darwin Prison for failing to complete it.

On 5 June 2003, Ema Birkland-Corro, Stuart Highway, Gary William Meyerhoff and Robert Paul Inder-Smith were sentenced to periods of detention between 14 and 21 months, suspended after serving four or five months.

Highway, Meyerhoff and Inder-Smith appealed against their conviction to the Northern Territory Supreme Court however their appeal was dismissed by Justice David Angel on 17 September 2004. The three then appealed unsuccessfully against their conviction to the full bench of the Northern Territory Supreme Court. Finally, as planned at the outset, they engaged an NT Legal Aid lawyer and in February 2007, with the then Melbourne-based Birkland-Corro, successfully appealed their sentences.

Birkeland-Corro was also charged with aggravated assault and she was found guilty in the Darwin Magistrate's Court in 2003. Her conviction was overturned by the NT Supreme Court. Ema faces another trial in the Darwin Magistrate's Court in June 2006.

One more NAPNT member, Scott White, was charged for this incident. He was interstate when the original case was heard in the Darwin Magistrate's Court. White was extradited from Tasmania in 2003. He originally elected to have a trial by jury in the Northern Territory Supreme Court. This trial was set down to proceed in late January 2006. On 10 January 2006, Scott entered a plea of guilty. On 12 January 2006, NT Chief Justice Brian Martin sentenced Scott to 10-weeks’ jail suspended. The suspended sentence was on the condition that Scott not associate or communicate with fellow members of the Network Against Prohibition.

Bill-pasting

On 26 August 2003, Northern Territory police arrested two NAP members, Gary William Meyerhoff and Michael John Barry and charged them with two counts each of criminal damage. The charges were subsequently dropped but the Darwin City Council issued the NAPNT members with infringement notices for “affixing a handbill to a pole without a permit”, a breach of section 97 of the Darwin City Council by-laws.

Meyerhoff elected to have the matter dealt with in the Darwin Magistrates' Court and he was found guilty of the offence by Magistrate Antony Gillies on 28 October 2004. He is the first person to be charged with the offence in the Northern Territory. On 5 April 2005, Meyerhoff appeared before Justice Stephen Southwood in the Northern Territory Supreme Court to appeal against the bill-pasting conviction. He argued unsuccessfully that section 97 of the By-Laws breaches his right to freedom of speech, as implied by the Australian Constitution. Southwood dismissed the appeal on 6 April 2005. Meyerhoff lodged an appeal with the Court of Appeal and he appeared before the full bench of the Northern Territory Supreme Court on 1 November 2005. His appeal was unsuccessful and the conviction for bill-pasting was upheld.

Community Smoke-Ins and court

The Northern Territory Chapter of NAP hold regular Community Smoke-Ins in Raintree Park in the Darwin CBD. The group has held twenty-five of these events since the chapter was established in Darwin in March 2002.

The NT Police intervened at the first Smoke-In, held on 20 April 2002, arresting five NAP members. All charges were subsequently dropped.

Police intervened again at the sixth Community Smoke-In, held on 12 October 2002. Five NAP members were arrested - Ema Corro, Gary Meyerhoff, Michael John Barry, Nicolette Burrows and Stuart Highway. Highway and Meyerhoff were remanded in custody but were released on bail by Magistrate Daynor Trigg on 14 October 2002. The NAP members were charged with criminal damage to two police vehicles and other charges including assault police and escaping lawful custody. A jury trial commenced in the NT Supreme Court on Monday, 17 October 2005. Nicolette Burrows and Michael Barry pleaded guilty to the charges they faced, avoiding a trial and giving them the benefit of the discount that you get if you plead guilty. Gary Meyerhoff was suffering from pneumonia and was not forced to proceed with the trial. He faces trial for these charges in 2006. Stuart Highway pleaded not guilty to the charges and on the afternoon of 18 October, the jury returned a unanimous guilty verdict. Highway was remanded in custody. On Wednesday, 19 October, Stuart Highway was sentenced by Justice Trevor Riley to eight months' jail, suspended after he serves three months. He was released on 17 January 2006. Nicolette Burrows and Michael Barry each received a five-month suspended sentence. In October 2006 Gary Meyerhoff died aged 31 years.


Members of the Northern Territory Chapter of NAP have a number of criminal matters outstanding in the Darwin Magistrate's and Northern Territory Supreme Courts.

2005 Northern Territory Election

In the 2005 Northern Territory election, ran 5 candidates in a total of 25 electorates, obtaining 0.5% of the vote.[1]

Affiliations

NAPNT is a member of the Australian Injecting and Illicit Drug Users League (AIVL) and The International Coalition of NGO's for Just and Effective Drugs Policy (ICN). The network has strong connections with drug user activists from across the globe.

In Darwin, NAPNT members work closely with the NT AIDS and Hep C Council (NTAHC) [5] and a range of other community-based agencies.

See also

References

  1. ^ Northern Territory Election 2005: Party results Australian Broadcasting Corporation. Retrieved 8 July 2006

External links


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