By James Vassilopoulos
CANBERRA — East Timor solidarity activist Gareth Smith faced charges of willful damage in the ACT Magistrate's Court on March 24. Last September, Smith painted "Shame Australia shame" on the front of Parliament House. If found guilty, he may be sentenced to a maximum of two years in jail.
The proceedings opened with the judge warning that the trial should not be used as a political vehicle.
Brian Donovan QC argued that Smith was innocent because there was no criminal intent in his action and because of the psychological condition he was in at the time. Donovan argued that the action was intended to help stop genocide in East Timor.
Smith was in East Timor from July to September, working as a United Nations electoral volunteer. He witnessed many East Timorese who were in fear for their lives, sleeping in the mountains rather than at home. Many feared they would be executed by the Indonesian military.
On September 1, Smith was forced to leave East Timor as part of the UN withdrawal. Smith was in a state of shock because the UN was leaving and not protecting the East Timorese people. Soon after he arrived in Australia, Smith spoke at a number of rallies in Brisbane, Lismore and Ballina.
With East Timor in flames, Smith felt that he should do something to get the Australian government to intervene to stop the genocide. He decided to travel to Canberra and drop a banner in support of East Timor near the coat of arms on top of Parliament House.
Once there, he spontaneously decided to spray paint "Shame Australia shame" on the building. Three accomplices were charged with the lesser offence of trespass.
The prosecutor tried to portray Smith's actions as planned and premeditated. The judge reserved her decision until April 12.