This item comes via my friend Alex Miller (Philosophy, Macquarie):
Craig Johnston, an Australian trade unionist, has been jailed for 9-months for activity resulting from an industrial dispute in 2001. The Free Craig Johnston Campaign is gathering signatures for a Statement of Support as part of the campaign to secure craig's release. Below the statement is an article, quoting from the judgement, which shows pretty conclusively that Craig was jailed for his political views rather than the offence.
IF YOU WOULD LIKE TO ADD YOUR NAME TO THE LIST OF SIGNATORIES, PLEASE EMAIL alexmiller37 at hotmail-dot-com.
If you'd like to send a message of support that will be forwarded to craig in prison, please write to: Free Craig Johnston Campaign, PO Box 12263, A'Beckett St, Melbourne 8006, Australia.
For information, phone Sue Bolton on: 0413-377-978
The letter:
Free Craig Johnston!
Trade union leader jailed for defending workers
Former AMWU Victorian secretary Craig Johnston was jailed for nine months by
the Victorian Supreme Court on 27 August for taking part in brief occupations of the premises of Skilled Engineering and Johnson Tiles during an industrial dispute over job cuts in 2001.
All social protest movements – the student movement, environment movement, anti-racism movement, women’s movement and others – as well as the trade union movement, have at times occupied or walked through premises. Sometimes this has resulted in damage to property.
No trade unionist or political activist should be jailed for taking part in such a protest.
This nine month jail sentence is totally disproportionate. For all the workplace deaths and injuries suffered by Australian workers every year – including thousands of deaths caused by James Hardie asbestos products - you won’t find one single employer behind bars.
Despite 17 others being arrested during the industrial dispute at Johnson Tiles in Melbourne in 2001, only Craig Johnston has been jailed. The others either had their charges dismissed or received good behaviour bonds.
Some of the Johnson Tiles workers haven’t worked since the dispute. Johnson
Tiles has not been prosecuted for stripping away the livelihoods of the 29
workers, and yet one of the unionists defending jobs is in jail.
Fifteen unions in Victoria have signed a statement calling for the release of Craig Johnston. We join them in calling for the immediate release of Craig Johnston.
[end of letter]
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Craig Johnston – jailed for his political beliefs
The August 27 Court of Appeal decision to jail militant unionist Craig Johnston is a sharp illustration of the class prejudices of Australia's legal system.
The judges stated that the four offences of which Johnston has been convicted — verbal abuse, criminal damage and two counts of affray — “cannot be excused by saying that they took place in the course of the [industrial] dispute because ... the later events were inappropriate”.
In the original County Court sentence, Judge Joseph Gullaci denounced Johnston's actions but took account of the fact that the actions occurred “in the course of a genuine industrial dispute”.
The appeals court judges said:
``Although his [Johnston’s County Court] conviction for these offences makes
him ineligible to hold any statutory office in a union, it does not prevent him from being a shop steward, or generally form participating in any industrial dispute. (It seems now that he is no longer a member of the AMWU but that does not prevent him from joining another union and certainly does not prevent him from taking part in industrial agitation).
``Reliance [in the original county court sentence] was placed on the fact that he had not been in trouble for the three year since the offences took place but, although that is to be commended, it would not inhibit him in the years ahead from participating in industrial action which might get out of hand.’’
This statement makes it clear that the court wanted Johnston to be prevented
from leading any industrial dispute and is an implied threat against all militant unionists.
The appeals court judges also argued that Gullaci placed “too much significance” on “the various factors which may be said to have demonstrated
his good behaviour and concern for others in the past”. The factors they were referring to are Johnston's years of struggle for working-class people, his union activities, his support for democratic and human-rights campaigns, and his mammoth fundraising efforts for injured workers and their families.
The appeals court decided to penalise Johnston for his working-class views and actions. The judges argued that because Johnston was “committed to his views”, the “evidence ... pointed strongly to the possibility that he might in future be engaged in similar industrial disputes which might get out of hand...”
The appeal court judges also disputed Gullaci's comment that Johnston's lack
of prior serious criminal convictions was a mitigating factor. Instead, they argued that the record he does have — all public order offences resulting from protests and industrial disputes — had not been weighted enough, “in the present context”.
Their judgement explained: “Though leading to small penalties, [these offences] all evidenced an unwillingness to comply with the ordinary legal precepts of behaviour in public places and a preparedness to breach the law...”.
The judges used all this “evidence” to argue that Johnston was at risk of re-offending. Hence, they concluded that “suspension [of a jail sentence] is not appropriate”, and decided to lock up one of the most effective trade unionists in Australia for the best part of a year.
This decision, in effect, says Johnston is more likely to “commit” the crimes of verbal abuse and property damage again because of his political views, and his record of struggle for union and democratic rights. Having been convicted for his offence, he has been jailed for his politics.
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