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PROSECUTION FAILED TO SHOW CRIMINAL TRESSPASS: DEFENCE
By Phillip Q.
MIRI. The prosecution had failed to show that the sole intention
of the two foreign women environmental activists was to annoy
the workers on the barge, a defence counsel told the magistrate's
court here yesterday.
Mr Raymond Szety said that the evidence of the senior police
officers supports the contention that the motive of the two
accused was to demonstrate against logging.
Making his submission in the hearing of the two women's case, he
pointed out that it was tresspass in the civil sense not criminal
tresspass as charged by the prosecution.
The two are part of the eight environmental activists who have
been tried for criminal tresspass. The two, Swede Anja Licht and
Briton, Angela Zelter, are jointly charged for criminal tresspass
on a barge at the present ferry point on 5th July this year and
could face jail for up to three months or fines of $1000 or both
if convicted.
Zelter, who defended herself during the trial, submitted that she
has no case to answer, saying that she is innocent until proven
guilty. "There is no evidence to show that my intention at the
ferry point was to commit an offence or intimidate , insult or
annoy the persons in possession of the barge," she said. "There
is no evidence that my behaviour was insulting and the police
officers said that the purpose and intention was to protest
against logging"
She pointed out that the law says that not all tresspassers are
criminals and reiterated that since she had no case to answer she
was surprised that ( 4 words missing).
Meanwhile, Chief Inspector Jacob Wong prosecuting said that
prosecution had established a "prima facie" case and had proven
beyond reasonable doubt that the accused person had committed
criminal tresspass. Magistrate Encik Mohd Chee Kadir will
decide tomorrow whether to call defence.
Anja sent this today. She is to busy to write but instructed me
to pass this on. The hearing will continue and it may be some
time before a verdict is reached.
Best wishes and for the earth,
Lee.
.