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Protesters avoid terrorism conviction

By LYN HUMPHREYS - Taranaki Daily News
Last updated 05:00 14/11/2009

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Greenpeace protesters who plastered graffiti over a ship in Port Taranaki have evaded terrorist-related convictions because of a secrecy loophole in the country's Maritime Security Act.

The charges have been dropped because police say they were unable to use the port's security plan as evidence in court.

Seven Greenpeace activists shot into Port Taranaki on rubber duckies on Sunday October 11, slapping "Fonterra Climate Crime" over the side of an Indonesian ship to protest at the dairy giant's alleged involvement with the palm kernel industry.

Police arrested the protesters, initially charging them with breaching section 61 of the Maritime Security Act and wilful damage.

But Taranaki's chief police prosecutor said yesterday the security charges had been withdrawn because a port exclusion zone had to be properly declared.

"The harbours board has acknowledged it wasn't properly declared, so we can't sustain the charge," central police region prosecutor Senior Sergeant Malcolm Greig, said.

Port Taranaki harbourmaster Ray Barlow said the loophole arose because the port's security plans were required by the act to be secret.

While a no-entry zone was outlined under the Maritime Security Act, it was "essentially a secret document, so we can't publicise what's in the plan.

"We are not actually able to put that to the public," he said.

But Mr Barlow believes the protesters could have been more properly charged under a separate section of the act.

Because of the anomaly, Mr Barlow said he took his concerns to the Director of Maritime New Zealand Catherine Taylor, of Wellington, on Thursday.

"Maritime New Zealand and the Government have taken my comments on board."

A Maritime New Zealand spokesman confirmed this yesterday, saying dialogue with the harbourmaster and other agencies would continue, following the Greenpeace court case.

Mr Barlow said the law, which had been enacted in haste following the 9/11 terrorist attack in the United States, was aimed at tightening up port security in line with similar moves by other countries across the world.

"Essentially they [the law makers] didn't make it easy for the port companies, with the wording of the act."

The Greenpeace protesters all pleaded guilty to wilful damage in the Auckland District Court yesterday afternoon and were convicted and released on a good behaviour bond.

If they do not reoffend in the next 12 months, their convictions would be quashed, Greenpeace campaign manager Chris Harris said.

The group was: Chelsea Renee Bridgman, 21, Amanda Louise Briggs-Hastie, 30, Max Norman Cross, 26, Gareth Thomas Llewellyn Hughes, 26, Kylee-Jane Matthews, 32, Ross David Grant Smith, 48, and Chino Albert Samuel Uelese, 36, all of Auckland.

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