Anti-Boeing activists Margaret Pestorius, David Sprigg cautioned by over Qld police ‘Nazi’ comparisons at trespassing trial
A pair of pro-Palestine activists on trial for trespassing at the Boeing office have been grilled by a magistrate to stop comparing the Queensland Police to the creator of the holocaust.
Police & Courts
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A Brisbane magistrate has cautioned two pro-Palestine activists, who are on trial for trespassing at the Boeing office, to stop their “absolutely uncalled for” comments comparing the Queensland Police to the Nazi creator of the holocaust.
Margaret Cecilia Pestorius and David Anthony Sprigg are both representing themselves at trial at Brisbane Magistrates Court this week for a charge of enter premises with intent, at Boeing’s Charlotte Street office on January 17 this year.
Ms Pestorius is additionally accused of common assault, while Mr Sprigg is also facing a charge of wilful damage – which they both deny.
On the first day of trial, prosecutor Harry Coburn explained Ms Pestorius was alleged to have committed a “low-level” assault on a Boeing employee by allegedly pushing against a door that they had been “tricked” into opening.
It’s alleged Ms Pestorius held the door open for a group of protesters who “set up a camp of sorts” in the reception area and allegedly used glue to stick posters to a glass display cabinet – causing some damage.
The protesters left the building peacefully when police arrived around 10 minutes later.
On Wednesday, the second day of trial, Mr Coburn asked Magistrate Lisa O’Neill for a direction that the defendants cease their “incredibly insulting” comments comparing the Queensland Police Service (QPS) to Adolf Eichmann, one of the organisers of the Holocaust.
“I am seeking a direction for the defendants to perhaps not compare the QPS to a fascist organisation that ran Germany in World War II and to seriously consider contempt of court if the defendants continue to conduct themselves in the manner that they have thus far,” Mr Coburn said.
His request followed Ms O’Neill cautioning Ms Pestorius over the “absolutely uncalled for” and “very offensive” comparison, which Ms Pestorius had drawn while questioning a police witness.
Ms Pestorius made it clear throughout the day’s proceedings that she believed the QPS had “beat up” their charges in some form of “set up” due to a perceived relationship between Boeing and the police’s counter terrorism branch.
The court was told the defendants had been charged by officers from the security and investigations unit – which was under the same umbrella as the counter-terrorism team.
Ms Pestorius said she had been an activist for 30 years and never had been subject to a search warrant until – what she claimed to be – the involvement of the counter-terrorism branch.
Ms O’Neill noted this was factually inaccurate, as she had not been charged by the counter-terrorism branch.
Ms Pestorius said police had “oppressed” her by waking her up at 6.30am and searching her home for the clothes she had worn at the protest – including the same pair of shoes she wore to court.
Ms Pestorius raised her foot in the air and waved her foot, turning to her supporters in the public gallery as she spoke.
Mr Coburn objected: “this is a farce your honour, at some point …”
Ms O’Neill warned Ms Pestorius these were “serious proceedings”.
“It’s a court. We’re not in a play or some form of entertainment,” she said.
After the conclusion of the prosecution case, Ms Pestorius and Mr Sprigg both indicated they would like to take the stand and call witnesses in their defence.
Mr Sprigg said he would require two hours on the stand, but Ms O’Neill said she would give them each 30 minutes – noting the court’s time was not unlimited.
Neither defendant objected at that time, but after Mr Sprigg concluded his 30 minutes of evidence he protested: “but I want more time”.
Mr Sprigg had spent the first 14 minutes of evidence talking about his understanding of pacifism and the war in Gaza.
Ms O’Neill reminded him of his time limit at that time, asking if he wanted to say anything relevant to the charges.
She warned him again after 20 minutes, saying he’d made his feelings about Boeing and Israel “really clear” already.
After a further two minutes, which Mr Sprigg used to speak about his protest involvement at the University of Queensland, Ms O’Neill warned him: “I’ve been really patient, you’ve got eight minutes left”.
“I’m not going to let you grandstand or use the court for political purposes,” she said.
Ms O’Neill then gave Mr Sprigg an extra three minutes to talk about something relevant after he used his last eight minutes speaking about a video that had upset him in which a man waving a white flag had been shot and killed.
Mr Sprigg argued it was relevant because it spoke to his mindset at the time of the protest.
Ms O’Neill said she understood his mindset, and asked if he would like to elaborate on inferences he’d made earlier in the proceedings that the substance used to stick the leaflets to the glass wasn’t actually glue.
Mr Sprigg said he had a list of things to speak about and that he wanted to speak about the full list.
After multiple offers from Ms O’Neill to give Mr Sprigg more time to speak if he wanted to talk about the glue or something relevant, Mr Sprigg persisted: “but I asked for two hours”.
“I don’t understand why I can’t take the time that I need to put forward my defence,” he said.
Mr O’Neill ultimately decided to adjourn proceedings, just after 4.30pm in the afternoon, for Mr Coburn to cross examine Mr Sprigg on Thursday morning.
When Mr Sprigg protested, she told him he’d “finished”.
“I gave you your time, you’ve decided how to use it,” she said.
The trial will continue on Thursday, with Ms Pestorius still to give evidence.
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