The August 27 Court of Appeal decision to jail militant unionist Craig Johnston is a sharp illustration of the class prejudices of Australia's legal system. While Johnston is locked up because of property damage sustained during an industrial dispute, James Hardie executives, who turned a blind eye to the deaths their products caused, remain free and unprosecuted.
Papers presented to the recent NSW inquiry into James Hardie have shown that the company's executives knew for decades that asbestos was a killer, but continued to sell asbestos products anyway. Yet, no-one has prosecuted them for murder or manslaughter.
The appeals court judges stated that the four offences that Johnston has been convicted of — verbal abuse, criminal damage and two counts of affray — "cannot be excused by saying that they took place in the course of the [industrial] dispute because ... the later events were inappropriate".
This decision — to ignore the context of collective action for workers' rights — contradicts the premises of the original County Court sentence. In his ruling, Justice Joseph Gullaci strongly denounced Johnston's actions but took account of the fact that the actions occurred "in the course of a genuine industrial dispute".
The appeals court judges also said: "Although [Johnston's original] conviction for these offences makes him ineligible to hold any statutory office in a union, it does not prevent him from being a shop steward, or generally from participating in any industrial dispute ... [The original County Court sentence relied on the fact] that he had not been in trouble for the three years since the offences took place but, although that is to be commended, it would not inhibit him in the years ahead from participating in industrial action which might get out of hand."
This statement makes it clear that the court wanted Johnston to be prevented from leading any industrial dispute. It fits perfectly with the wealthy's campaign to drive Johnston, and all militant unionists, out of the union movement altogether.
The appeals court judges also argued that Gullaci placed "too much significance" on "the various factors which may be said to have demonstrated his good behaviour and concern for others in the past". The factors they were referring to are Johnston's years of struggle for working-class people, his union activities, his support for democratic and human-rights campaigns, and his mammoth fundraising efforts for injured workers and their families.
In a blatant class decision, the appeals court has actually decided to penalise Johnston for his pro-working-class activities. The judges argued that because Johnston was "committed to his views", the "evidence ... pointed strongly to the possibility that he might in future be engaged in similar industrial disputes which might get out of hand..."
In another example, the appeal court judges disputed Gullaci's comment that Johnston's lack of prior serious criminal convictions was a mitigating factor. Instead, they argued that the record he does have — all public order offences resulting from protests and industrial disputes — had not been weighted enough, "in the present context".
Their judgement explained: "Though leading to small penalties, [these offences] all evidenced an unwillingness to comply with the ordinary legal precepts of behaviour in public places and a preparedness to breach the law ...".
Because the judges used all this "evidence" to argue that Johnston was at risk of reoffending, they concluded, "suspension [of a jail sentence] is not appropriate", and decided to lock up one of the most effective trade unionists in Australia for the best part of a year.
This decision, in effect, says Johnston is more likely to "commit" the crimes of verbal abuse and property damage again because of his political views, and his record of struggle for union and democratic rights.
He has been jailed for his politics: he is a political prisoner.
In deciding to lock him away, these few wealthy judges were not acting alone. They were just the latest actors in a bosses' war on Johnston that has been relentlessly pursued by an unholy alliance of the Victorian state Labor government, the manufacturing employers' organisation, the Australian Industries Group, the corporate media and, most outrageously, conservative forces in the trade union movement.
But if the bosses have some people on their side, the working class has far more. Johnston was jailed by a bosses' court because he was a working-class fighter in the best sense. Now, we need those on our side of the class divide to join the fight to free him. Most of all, we need unions and progressive organisations and individuals to say that it is totally unjust to jail Johnston, while corporate killers like James Hardie executives go free.
From Â鶹´«Ã½ Weekly, September 8, 2004.
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