Ark Tribe Trial - Adjourned Again
On Thursday, Ark Tribe's trial heard all the evidence from key witnesses and will now be adjourned until September 13.
Magistrate David Whittle will receive written and oral submissions on the day. He’ll announce his findings after that on a later date to be determined.
Ark’s lawyers throughout the three day hearing have continually objected to the evidence brought forward, maintaining the case is not only unlawful and illegal but outside of the powers of the ABCC.
It was also revealed during the course of proceedings, that Australian Building and Construction Commission (ABCC) inspector Seamus Flynn admitted he had no evidence that Ark Tribe even attended the union meeting in question. Yet the ABCC’s coercive powers were used anyway.
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Ark Tribe Trial Latest – Day 2
Day two ended on Wednesday with no outcome or decision reached on the matter. Ark Tribe's defence lawyers tested whether the ABCC inspectors had the authority to investigate and use coercive powers.
The trial, now into its third day continues with witness evidence likely to be concluded Thursday. The Magistrate will then receive written submissions and a date will be set for final submissions.
Ark's lawyers argued on Wednesday that the persons who conducted the investigation lacked the proper authority therefore he should not be convicted.
During the first day at Adelaide’s Magistrates court, Ark’s lawyers were on the front foot as they argued the case brought against him was unlawful and illegal.
It was also revealed during the course of proceedings, that Australian Building and Construction Commission (ABCC) inspector Seamus Flynn admitted he had no evidence that Ark Tribe even attended the union meeting in question. Yet the ABCC’s coercive powers were used anyway.
Michael Abbott, QC, for Ark, said “the law required investigators to believe, on reasonable grounds a unionist could assist a hearing before requiring them to attend.”
The key witness’s testimony was frequently interrupted as Federal prosecutors objected to questions asked by Ark’s lawyer. He had to leave the court several times as counsel argued points of law.
The trial, before Magistrate David Whittle, continues.
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Show your support, sign the Don't Jail Ark petition, follow us on Twitter or for more information view the Rights On Site website. View photos from rallies held across the country below.
Ark Tribe Back In Court - July 20
Ark Tribe will be back in court Tuesday July 20 after the matter was adjourned 16 June.
During that time the magistrate twice adjourned the case after the defence, who originally argued the case should be thrown out on the grounds the ABCC had not correctly begun the prosecution – as the proper authority did not exist.
Lawyers for the Commonwealth DPP contested the argument and the magistrate moved for an adjournment. Both sides made written submissions on the matter.
The magistrate conceded that although the proceedings were vaildly brought by the defence, he asked that the case continue as planned.
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To show your support for Ark, sign the Don't Jail Ark petition, follow us on Twitter or for more information view the Rights On Site website.
