Israeli crime and punishment

“I did not bow down to you, I bowed down to all the suffering of humanity.”
― Fyodor Dostoevsky, ‘Crime and Punishment’.

Recently, I was in Brisbane magistrates court to listen to a trial against people protesting Boeing corporation’s participation in the genocide in Gaza. Boeing’s complicity is well documented on Israeli government websites. Boeing shares a long relationship with the state of Israel as disclosed in this announcement by the IDF:

“Israeli defence ministry said on Thursday (November 7, 2024) it had signed an agreement to acquire 25 next generation F-15 fighter jets from Boeing Co”

It is the F-35 aircraft that drops bunker buster bombs that have destroyed Gaza and made the place unlivable for Palestinians. Israel has frequently declared its intention to destroy Gaza. This is despite rulings by the International Court of Justice (ICJ) for Israel to abide by international law, which forbids crimes against humanity. Israel is in contempt of the ICJ and does not abide by international law to which Australia is a signatory.

Which brings us to the Brisbane Magistrates Court where defendants attempted to lead evidence that Boeing and Israel are cooperating in the slaughter of Palestinians. The magistrate ruled that such emotive testimonies are not relevant to a charge of unlawful assembly in the Boeing building in Brisbane.

Prosecution claims the defendants glued images of murdered children and committed “violence” by lightly brushing past the receptionist who opened the door to let them in,

Here is the exchange between the magistrate (O’Neill), defendant (Pestorious), prosecutor (Coburn), and witness (Dowling).

DEFENDANT PESTORIUS: … Were you aware of violence being committed there?—

WITNESS DOWLING:  On that day. Yes.

PESTORIUS: … in their office?

DOWLING: — Yes. Yes.

PESTORIUS: What sort of violence?—

DOWLING: Well, I was aware that Boeing has been participating in mass murder for decades and presently  supplies weapons of mass – – –

MR COBURN: That’s not an answer to the question, your Honour. It’s –

WITNESS: – – – destruction that are killing – – –

HER HONOUR: It’s not an answer – – -?— – – – children – – to the question.

MR COBURN: Was it, “Are you aware of violence on – – -”

HER HONOUR: No. You have to –

MR COBURN: “- – – that day at that premises?”

HER HONOUR: Yes.

WITNESS: Yeah. On that day at that premises it – there – there was dozens if not hundreds of workers participating in mass murder – – –

HER HONOUR: Okay?— – – – by preparing for – – -I’m going to stop you?

DOWLING: — – – – to make weapons of – –

HER HONOUR: -I’m going to stop you?—

DOWLING: – – – mass destruction.

HER HONOUR:   It’s not an answer to the question. It’s not – – -?-

 PESTORIUS: –I think it’s an answer.- – – responsive – – -?-

DOWLING: –   I was aware of the violence  that was occurring in that building.

HER HONOUR: Thank you. That’s enough?–

DOWLING: – Yeah. Sorry. It’s not responsive to the question?-

 HER HONOUR: – Ask your next – – -?-

PESTORIUS: – – –It sounds responsive to me.- – – question.

HER HONOUR:   And I’m going to – – –

DEFENDANT PESTORIUS: Okay. So – –

HER HONOUR: If I’m going to have to spend the rest of the afternoon with that kind of emotive evidence that’s not relevant to the issues that are before the court I’m going to stop it. So ask questions that are relevant to –

DEFENDANT PESTORIUS: Okay.

HER HONOUR: – – – the offences or something else that it – or if your – or to your defence if that’s what you want – – –

This is what witness Dowling had to say after the kefuffle in court.

“Funny (sic) part is where magistrate says that is enough of my “emotive evidence” about the plain facts about Boeing’s role in human slaughter. But them calling gluing “violence”, and lightly brushing past someone, “assault” is not “emotive”

Witness Dowling goes to court on 9th of December at 9:00 a.m. in the Brisbane Magistrates Court. Dowling is charged with unlawful assembly in the Boeing offices last January 2024.

Defendant PESTORIUS will receive the judgment of the magistrate on the 20th of December in the same Court.

You would have to ask why isn’t this an abuse of process by the court given that all the dependents’ charges arose out of the same protest.

Why the charges against the defendants were not heard all together is a sign that the Brisbane Magistrates Court is incapable of dealing with matters that are clearly political in nature. Such prosecutions run the risk of contempt of the International Court of Justice. The ICJ ruled that all parties to international law under the Rome statute should comply with its directions, which include that states should: ‘not provide assistance to the commission of genocide’.

The International Court of Justice (ICJ) has ruled that Israel’s military occupation and annexation of Palestinian territory is illegal.

The law is inherently political, and the ICJ ruling adds legitimacy to calls for sanctions, divestment, and cutting ties with Israel and companies like Boeing.

Ian Curr
7 December 2024