Beverly protestors suing South Australian government

Ten people were in the South Australian Supreme Court this week asking for $630,000 in damages for being beaten with batons, locked in shipping containers and sprayed with capsicum spray by the para-military "Star Force" during a peaceful protest at the Beverly Mine site in 2000. Amongst those attacked was an eleven year old Adnyamathana girl and a Channel 7 news crew. Premier Mike Rann dismissed the claims saying the state had a right to be tough on "feral protestors" and "anarchists".

Below are the transcripts of a number of articles dealing with this case from the mainstream press.

Beverley uranium mine protesters 'herded like cattle'- SEAN FEWSTER, KEN MCGREGOR October 08, 2009

POLICE herded protesters into metal crates "like cattle" during a uranium mine protest, a court has heard. Ten people, including a television cameraman, today asked the Supreme Court to award them $630,000 compensation over the violent clash near the Beverley uranium mine site at Andamooka in May 2000.
Brian Walters, for the plaintiffs, said his clients deserved "a significantly high award of damages" from the "remorseless, unapologetic" Rann Government.

"This case is a nasty example of police violence that was premeditated, consistent and paid no heed to legal requirements," he said.
"Police used capsicum spray like it was fly spray and used their vehicles like weapons. "They placed protesters, as if they were cattle, into shipping containers in the middle of the desert and conducted welding while they were inside."

The plaintiffs, most of whom live interstate, are claiming damages for pain, injury and loss. In September, Deputy Premier Kevin Foley refused to negotiate an out-of-court settlement. "The Government will not negotiate a wholsesale settlement with a bunch of feral protesters who put the safety of our police officers in peril," he said at the time. "The Government sends a clear message to any anarchist group of protesters that we will not be a soft touch."

Yesterday, Mr Walters said those comments had further inflamed the case.
"They show a complete absence of remorse by the State, and there has never been an apology," he said. "It's not just a lack of remorse - it's further injury to my clients by further insult to them."

The trial, before Justice Tim Anderson, is expected to last eight weeks. Outside court, a group of allied anti-nuclear protesters gathered in a show of solidarity. "Mr Foley's decision not to negotiate was pig-headed, given the way police behaved," spokeswoman Nectaria Calan said.

"We are concerned about the level of police oppression, it was ridiculous... they had a right to protest."

http://www.news.com.au/adelaidenow/story/0,22606,26182717-2682,00.html?f...

Court hears uranium protesters locked in container - By Candice Marcus

A civil trial has started in the SA Supreme Court over police treatment of protesters at an outback uranium mine.

Ten protesters who were locked in a shipping container at Beverley in South Australia in 2000 are claiming damages from the government for injury and suffering caused by their allegedly false imprisonment.

The government has already settled out of court with three other plaintiffs who had been part of the class action.

A lawyer for the remaining plaintiffs, Brian Walters, told the court the protesters were given no warning before police beat them with batons, used capsicum spray and locked them in a shipping container with no water or toilet facilities for up to eight hours.

They are now suing the state government over their treatment by police.

http://www.abc.net.au/news/stories/2009/10/08/2708620.htm?section=australia

Protesters sue government

POLICE were trying to restore the peace when they forced 34 uranium mining protesters into a shipping container in the South Australian outback, a court has heard.

Ten people are suing the state government over their treatment by police during the protest, which took place at the Beverley uranium mine at Andamooka, in the state's northeast, in May 2000.

Lawyers for the 10 protesters and the state government appeared in the South Australian Supreme Court this week after out-of-court compensation settlement negotiations failed.

Both parties are blaming the other for the violent clash - involving 100 protesters and about 25 police officers - each claiming the others' actions were premeditated.

Frances Nelson, on behalf of the state government, said the plaintiffs' case was "subjectively selective".

"This was not a gratuitous reaction to a peaceful protest," she told the court.

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"The plaintiffs say they don't know why they were arrested.

"But this was a dangerous and highly volatile situation initiated by the protesters."

Ms Nelson said the protesters knowingly broke the law by entering the mine site.

Signs at the site's entrance explained entry was prohibited and, as Ms Nelson explained to the court, one of the plaintiffs who participated in previous protests there had breached her bail agreement by entering the site.

Video evidence tendered to the court showed protesters planning how they would carry out the protest and, according to Ms Nelson, evade the police.

"We need to do something today, we need to make headlines," one protester said on camera.

With the nearest police station more than 200km away, Ms Nelson, in her opening address, said that as the trial progressed she would attempt to explain what police faced that day.

The court heard protesters verbally abused police, pelted officers and their vehicles with rocks, fired flares into the scrub with dangerous mining chemicals nearby, blocked access roads, caused damage to gas pipelines, backfilled trenches, graffitied signs and chained themselves to the drilling rig.

"The police were in the middle of the desert with no facilities and they were out-numbered," Ms Nelson said.

She said the police had not gone to the site intending to humiliate, injure or deprive the protesters of their liberty, as was alleged. They had drafted a document some time prior to deal with protest situations at the Beverley uranium mine site with "tolerance and good humour" as they arose.

She said the police intended to allow people to protest, as was their democratic right, so long as it was lawful.

"It is not the case they went there to dish out gratuitous violence - they were performing their duty."

She said police used reasonable force and that it was necessary to detain the 34 people, at least until peace was restored.

In his opening address, Brian Walters, for the plaintiffs, told the court protesters were herded into a poorly ventilated mental shipping container like they were cattle out in the hot desert.

"This case is a nasty example of police violence that was premeditated, consistent and paid no heed to legal requirements," he said.

"Police used capsicum spray like it was fly spray."

The trial continues.

http://www.heraldsun.com.au/news/breaking-news/protesters-sue-government...