Protester jailed

Press, 26 November 1981, Page 4

Protester jailed

PA Wellington An anti-Springbok tour protester who said he took disposable dust masks from his employer to use in the demonstration, was sentenced in the Lower Hutt District Court at Lower Hutt yesterday to six months imprisonment. David Grant MacPherson, aged 28, was sentenced to six months imprisonment on two theft charges of disposable dust respirators where the value was over $2O. On a further theft charge of a filter with a value less than $2O, and on two trespass charges the accused was sentenced to one month’s imprisonment. The terms were to be served concurrently. Counsel, Mr George Rosenberg, said it became very apparent from the defended hearing to the charges, that all the offences were committed for the benefit of others, not out of any motive for personal gain. Mr Rosenberg said all the accused’s previous offences came into that category, and all occurred with some political activity, or demonstration.

He said the accused’s offending (in the present case)

was not carried out in a way intended to be furtive or underhand. Mr Rosenberg said various masks were delivered to the accused by other workers. They were positioned in places where they could be uplifted, by other people, at their own suggestion. Mr Rosenberg said the effectiveness of the accused’s selfless work for his workmates was indicated by wage increases and improvements of health conditions while he was shop steward at his employers’ business. Mr Rosenberg submitted that the probation recommendation of community service was most appropriate. He said the director of a family centre was personally prepared to supervise the accused and arrangements had already been made. Judge Graham said he had listened carefully to everything counsel had said, and read and studied the probation report carefully. However, the simple fact was the accused appeared before him for sentence as a thief. He said that despite pleas about the accused’s selfless work for his workmates, it became clear during the

course of the hearing that the accused did not hesitate to use his workmates to his own advantage to try and escape the consequences of his actions. He said it was very clear that the masks were avail- 7 able for issue through the industrial nurse, and the accused made no approach to her or any foreman. The accused’s approach was to those lower down the scale. After the detection, the accused called a meeting of workmates and created an industrial situation, simply for the purpose of coercing management into saying he took the masks with permission. The Judge said it was clear the accused was using others for his own purpose. Having regard to the manner in which the accused was using his workmates to escape the consequences, the Judge said there was no alternative to imprisonment. As MacPherson stepped from the dock, he said the sentence was only what was to be expected from a “biased person.” MacPherson said he would be appealing. “Take him away,” the Judge said.