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Last Update: December 30, 2007 5:47 PM


A HISTORY
OF
POLICE RAIDS
ON
INTENTIONAL COMMUNITIES
IN
AUSTRALIA


THE 1976 TUNTABLE FALLS PRE-DAWN RAID
THE 1976 CEDAR BAY PRE-DAWN RAID
THE 1997 WYTALIBA RAID

When settlers came to this land, they came in contact with the original tribal inhabitants. There was some friction, but also some cultural exchange. So it was when the Aquarius tribe arrived in Tuntable Valley, the Uniformist Tribe on the banks of the Richmond decided to send out a war party, and bring back captives to display to their people as a warning to any who might otherwise have accepted them. Modern man may have better tools than the men of pre-history, but he still has the same set of instincts......

There is a political culture, and a police culture that would exalt these "instincts". Beware their conjunction. Beware the Daleks among them. Every generation has them.


In many ways, the erosion of civil liberties in a small hippie town like Nimbin is small potatoes compared with the nightmares being dealt out in freedom's name to the rest of the world. Still, wasn't there an old hippie cliché about "thinking globally and acting locally"? I believe there's also an even older activists' one-liner that "it's better to die on your feet than to live on your knees" (as borrowed by Midnight Oil in the '80s). Surely it's time to at least try and stand up for our basic civil rights.

So in time-honoured hippie tradition, you are all invited to a peaceful "Celebration of 30 years of Police Over-Kill" to be held in Nimbin on Saturday August 12th. Bring a smile, some courage, a joint (just kidding, officer) and a good sense of humour.

If nothing else, it's bound to be a crack-up. See you there.


Heavy handed police actions are nothing new in Nimbin. There is a long history of them, but some early parts of that history seem to have already faded from memory. The Tuntable Falls and Cedar Bay raids in 1976 seem lost already. There is very little information on what happened in those raids, apart from archived newspaper stories, and I felt there should be a record of events, as told by those who were there.

(In 1976, on August 12th, before dawn, about 60 fully armed police raided the Tuntable Falls Community, simultaneously serving photocopied warrants at the North End, Centre, and South End of the then 1200 acre property, rounding up as many people as possible, marching them up to the road, and transporting them by road, some in a cattle truck, to an identification area on the ridge above Tuntable valley.)

On August 12th, 2006, it will be Thirty Years since that infamous Tuntable Falls Police Raid.

I was one of the Tuntable Falls 43. I know of three people arrested that day that are no longer with us. Their version of events is lost to us. There must be other survivors of the Great '76 Raid.

It would be very much appreciated if survivors could write down their memories of that day, and contribute them to a collection that I would put on the website, with or without names, as the individual writer prefers...

Survivors of the Cedar Bay Community Police Raid of August 29th, 1976, in Queensland, are also requested to send in their memory of that experience. (Buildings were burned, and rainwater tanks punctured by gunshots....tell us more, please, if you were there.)

Survivors of the 1997 Wytaliba Community Police Raid are also invited to contribute to a collection. (The raid was videotaped by residents, and police subsequently successfully sued?)

If there is another large scale police raid of an intentional community in Australia that I have forgotten, please let me know...

There is not much information on the web, or in books, about these events. It would be good to remedy that.

Email: webhead@hempembassy.net

Post to:
“Personal Account,
Nimbin HEMP Embassy,
51 Cullen St
Nimbin 2480”

Phone Contact:
HEMP Webspinner
Alan Salt,
(02) 66891478


THE TUNTABLE FALLS PRE-DAWN RAID
AUGUST 12th 1976

In the first year or two of the Tuntable Falls Co-Ordination Co-Operative there were many meetings discussing what we should be doing on the property, with no agreement on whether people could construct their own shelter. In our 900 member Athenian democracy, we couldn’t seem to get any lasting agreement. This meant that everyone was living in the original farm buildings, or even under them, living and eating together.

Someone, fed up with the delays, or bored with the ongoing encounter group, just went out and built a “house”. That forced the issue, and it did not take long, once it was clear there was a common urge for many of us to step back from the intense communal living situation. We had to work out a procedure for house site selection and then getting community approval, to stop it turning into a free for all.

So, in August 1976, I was one of those still living in an original structure, at the Centre, in one of the five original pig-sties. Being taller than the average pig, I had raised the roof, and added doors and windows to suit. It was temporary, but dry and comfortable enough at the time. Just above were the community veggie gardens, and winding below was Tuntable Creek. I had four neighbours, and the Tin Shed was the kitchen for our hamlet. It was winter, in our subtropical narrow valley, which meant warm days, but frosty nights. During the nights ripe chokos would fall onto the roof waking me with the bang, and then roll slowly down the roof ending with a thump on the ground. Sometimes bandicoots, lizards or snakes came in.

On August 12th , in the dark, before dawn, I was awoken from my slumbers by a police officer pointing a shotgun in my face, and asking me if I wanted to be charged with a cap of smack or a bag of grass? I told him there was nothing there. He said that didn’t matter, what did I want to be charged with, a cap of smack or a bag of grass? He was still pointing his gun. The words sank in. I said that seeing as I didn’t have anything, he’d have to decide that for himself, whereupon he ordered me to get dressed and get outside to join the others, already herded into a group near the Tin Shed. No pot had been found on or near anyone arrested in the Tin Shed, nor was there any effort made to find anything there.

(They couldn’t find much of anything anyway, because there was a pot drought on, and as far as anyone on the property knew, there was no pot. The Police were very lucky that morning to find the one person on the property sleeping with a “stash” of twelve ounces in a Sunshine powdered milk tin by their bed, so they did search some places.)

Twenty yards away, through his plastic windows, we could see Terry McGee at his desk in the Cow Bales, lights on, already on the phone, surrounded by his files and books, and being completely ignored by the police. Barney though had been marched out of the Cream Room right next to it. If you looked like a “hippy”, you were going. We stood together in the cold, the sky growing lighter, wondering what was happening for the rest of the community.

Our “Tin Shed” group was marched down to the creek crossing, and up to the council road, where we were merged with the Echo, White House and Pala residents that had been rounded up. Wattle Creek was missed as they had just slashed the commons paddock and the police couldn't see the paths through it to their dwellings. While we stood analysing the situation, a red cattle truck full of people from the North End of Tuntable drove past. We were a little more fortunate; we were soon packed into Paddy Wagons, but not taken far, only up to the ridge, part way to Nimbin, where everybody arrested was taken to first.

The police had entered the property at three points in forces of about twenty, and at each entry point had rounded up as many people in the vicinity as possible before the alarm spread. On the ridge overlooking the South End, on the road to Mt Nardi, the police had set up a command post to overlook the operation, process the arrestees, and have a barbeque at the same time. While they finally took down names and ages, we were able to talk to people from other parts of the property, and find out what had happened to them. Jerry B. told me they showed him a photocopied warrant. I hadn’t seen one. The word went round later that the twelve ounce stash was to be divided among us for the charges. This was where we were fingerprinted, photographed, and our names finally taken.

They seemed to reach “capacity”, and then began the procedure for transporting us prisoners to Lismore lockup. We sang and joked in the back of our van, and laughed at the high comedy of some of the stories flying round about situations that had occurred with police in the course of the raid, like naked people fleeing into the bush, that sort of thing. I don’t want to say too much, so others can tell their story themselves.

Eventually, all 42 of us were bailed, released onto the street, and allowed to find our way home. In all, 43 had been arrested, but a young woman caring for a child was left behind at the North End, perhaps to keep the child out of the cattle truck used there, provided she came in later. It was the beginning of months of court appearances, big name barristers, and newspaper coverage.

Police claimed in the newspapers at the time that no one had a gun pointed at them, and that the people who travelled in the cattle truck did so at their own request, rather than be walked to a pickup point. Well there's no mistake about the gun in my face, but I don't have definitive information on the cattle truck throwoff....yet. If you know, let us know.

On the 29th August 1976, Queensland police raided Cedar Bay with the help of a naval vessel, and destroyed houses and rainwater tanks before taking those arrested to Cairns…Queensland police said they had done this raid in support of the NSW police.

Ultimately, all Tuntable drug charges were dropped, after the search warrant was successfully challenged. As I remember the grounds for the judgement were:

• A warrant to search Tuntable Falls community was the equivalent of a warrant to search a village or small suburb, which was not acceptable. The warrant was not specific enough in the address to be searched.

• Photocopied warrants were not acceptable. The actual warrant had to be served.

• The warrant was to be served between sunrise and sunset, and was not served at that time, but before sunrise.

Behind the judgement though, it seemed obvious that the prosecution of these cases were going to be a courtroom circus, a field day for the press, and an embarrassment for government agencies generally. The judge did not want that circus to happen in his courtroom. He took the most sensible course of action he could see that would satisfy the requirements of the legal system: threw out the warrants and put an end to the matter.

The police seem to have acted in ways that went beyond law enforcement, and showed us the depths of the intolerance some sections of the community felt towards us. Possibly we were naïve not to foresee this, but we never had any sense of being a threat to anyone with our land sharing experiment. We were just a bunch of young people looking for a better place or way to live.

Sadly, there will always be some police who think the current laws and police powers are inadequate, and that they themselves are the true arbiters of the law as it should be. They are one of the very real dangers in police culture, and there is still a lack of checks and balances to ensure that law enforcement does not become prejudice enforcement, that the law is not selectively enforced, and that the law is applied equally to all.


Alan William Hutley (32yrs old then), known to most as Barney, one of the few names actually on the search warrant, and arrested in the same group as me, is no longer with us. I remember you Barney, and the good times we shared at Tuntable Falls.

Warwick Sibthorpe, (19yrs old then) Plumber and Joiner extraordinaire, also arrested that day, is no longer with us.

Neil Roberts, (36yrs old then) Bahai opal miner, also arrested that day, is no longer among us.

***

PAMPHLET ISSUED AFTER RAID:

TUNTABLE FALLS LEGAL DEFENCE FUND APPEAL

The Co-Ordination Co-Operative owns 1200 acres of land at Tuntable Falls, NSW, on which some 160 members are residing full time, working towards the development of alternative life styles for themselves and the rest of the community.

On 12th August, 1976, the Co-Operative's land was entered by the police force in a raid, which is now infamous for its methods and lack of results. As a result of the raid, 42 occupants of the Co-Operative's land, most of them shareholders, were arrested and 75 charges, relating in the majority of cases to the possession, smoking, or other use of marijuana, were laid.

Because of the nature of the raid and the circumstances in which it was executed, the members of the Co-Operative have decided that, without limiting the right of each accused to have his case conducted as he sees fit , every charge which the Co-Operative's legal representatives advise may be defended with resonable prospects of success will be defended, and that all costs, legal and administrative, resulting from the raid, will be paid out of a common fund.

As a result, we will become liable to meet expenses which are beyond our present capacity. We are not permitted to use capital funds for these purposes and we have decided to appeal to members of the public for funds to assist us to defend our brothers and sisters against the actions of the police.

Several eminent barristers from Sydney have offered their services gratuittously in aid of the defence, and one main item of expense will be the payment of air fares of these barristers to Lismore and return on each occasion when our local legal representatives consider their assistance necessary.

With these expenses, it is expected that legal and related costs will not be less than $2,000. Available legal aid facilities will be utilised to the full, but these are not expected to be nearly adequate, and the amount quoted takes legal aid into account.

We are therefore appealing to you to contribute to our cause by donating to the Co-Ordination Co-Operative Legal Defence Fund. We have opened a Trust Account with a Trading Bank, into which all funds received will be deposited. The account will be audited and no funds will be disbursed unless in payments related to the defence of the charges laid against us.

None of the accused will have any authority over operations on the account. It is intended that any surplus funds be retained in the Trust Account or invested in authorised securities, to meet expenses attributable to future violations of the Co-Operative land by the State.

Cheques, money orders, and postal notes should be made payable to the "Co-Ordination Co-Operative Legal Defence Fund" and forwarded to the Secretary, Tuntable Falls Co-Ordination Co-Operative, Nimbin, N.S.W. 2484. All contributions will be gratefully accepted but acknowledgements and receipts will not be issued unless specifically requested, to reduce costs.

***

NEXT PAMPHLET ISSUED AFTER RAID:
This is an extract from a pamhlet for a common defence fund for Tuntable and Cedar Bay
The full text is here.

NIMBIN

The "Nimbin Commune" in a peaceful community of about 160 people living in about 40 residences in a valley about four miles from the town of Nimbin near Lismore in Northern N.S.W.

The residences are partly grouped into hamlets and most of the hamlets try for self sufficiency in food. The commune itself is legally registered as a co operative and it has
bought its 1200 acres of land by selling shares at about $250 each.


During the night of August 11th, 1976, 65 police gathered at Lismore in secret.

Arming themselves with shotguns, armalite rifles and a warrant to search for heroin, they approached the commune in pre dawn darkness. At dawn, eight raiding parties were launched against the sleeping hamlets.

They herded 42 people some at gun point into a cattle truck and vans and took them to Lismore.

At Lismore, the police laid 75 charges, most of which were concerned with alleged possession. smoking or other use of marijuana. (None concerned heroin.)

By combining hard earned personal savings, the Co operative was able to bail its members out. But the expense of defending the Co op members will be great as the cases will be heard individually later this year and next year.

Although several eminent barristers from Sydney have offered their services free of charge, travelling, accomodation, and administrative expenses are expected to cost in the vicinity of $2,000

The Co operative has therefore appealed for assistance.


Kep Enderby and Dean Letcher appeared for the Tuntable defendants.

If you were there, please send us your story....

We'll put it here, with or without your name, as preferred.


THE CEDAR BAY PRE-DAWN RAID
AUGUST 29th 1976

On the 29th August 1976, Queensland police raided Cedar Bay with the help of a naval vessel, and destroyed houses and rainwater tanks before taking those arrested to Cairns…Queensland police said they had done this raid in support of the NSW police.

If you were there, please send us your story....

We'll put it here, with or without your name, as preferred.

*****

The Cedar Bay Alliance

An excerpt from a work by Dr. John Jiggens.

*****

DEFENCE FUND PAMPHLET ISSUED AFTER RAID:
This is an extract from a pamhlet for a common defence fund for Nimbin and Cedar Bay
The full text is here.

Cedar Bay

Cedar Bay is about 100 miles North of Cairns. The commune is a series of gardens and huts with communal kitchens built behind the beach along the three mile stretch of sand.

At the North End, the huts stretch along a track which leads from the glistening sand to the towering North Queensland rain forest.

The police began their raid several hours before dawn on August 29, 1976, by taking over a farm with an airstrip some distance inland. They brought in a helicopter to attack the commune from the air, while a naval boat came from the sea and a land party moved in along the land track.

Twelve of the inhabitants were captured. Some were handcuffed with their hands behind their backs around trees. Others were tied up with fishing nets. Others the women were whisked away by helicopter.

While the inhabitants were helpless, the huts were set alight with baby clothes used as kindling. The vegetable gardens were trampled, the water tanks shot up, the paw-paw and banana trees slashed.

The charges brought against these people living 40 miles from Cooktown on private property were mainly of vagrancy. Eight were charged with vagrancy, three with possession, one with growing marijuana.

The magistrate from Cooktown was on leave so was the Clerk of Courts so the next clerk down the line found the 12 guilty and fined or gaoled them.

When it was decided he had no power to do so, the gaoled were freed and then re arrested on the same charges.

The Queensland Council for Civil Liberties has set up a fund not only to give legal defence but to give legal aid to civil action against those who burnt and destroyed the communes property.

And the fund will be used to rebuild the Cedar Bay commune.

*****

Following quoted from:
http://eprints.qut.edu.au/archive/00003442/01/3442.pdf
The Cost of Drug Prohibition in Australia
Dr John Jiggens
School of Humanities and Human Services
Queensland University of Technology

Australia’s illicit drug trade began with the cannabis plague of the 1960s and the War on Drugs in Australia was chiefly intended to stop cannabis use. The most extreme of the Drug War warriors was Queensland Premier Bjelke-Petersen, who ordered his police to drive marijuana users out of Queensland. After the Queensland police burned down the houses of the inhabitants of the hippie commune at Cedar Bay in 1976, Bjelke-Petersen defended the police action, declaring he was “Tough on Drugs”. Bjelke-Petersen’s accomplice in the Cedar Bay raid was the young John Howard, then Minister for Business, with responsibility for Australia's Federal Narcotics Bureau, who has continued Bjelke-Petersen’s ”Tough on Drugs” politics during his period as Prime Minister.

***

Following quoted from:
http://www.laboite.com.au/_dbase_upl/PERF%20CUES%20Last%20Drinks.pdf
PERFORMANCE CUES
for
LAST DRINKS
by Shaun Charles
Adapted from the Novel by
Andrew McGahan

The homes of Aboriginal people and hippies were not deemed worth protecting and could be burnt down by the Queensland police with no public outcry. When the government ordered a military-style police raid on a hippie commune in Far North Queensland that included the
burning of the hippies’ homes, what became known as the Cedar Bay story was initially ignored by the mainstream media until a journalist from alternative radio station 4ZZZ (Steve Gray) broadcast a report that was picked up by 18 year old Andrew Olle from the ABC’s Four Corners who then sent an investigative team to visit there.

***

Following quoted from:
http://regnet.anu.edu.au/program/review/Publications/FlemingP4.pdf
Les liaisons dangereuses: Relations between
police commissioners and their political masters

In 1976, a student demonstration went ahead without the required state permit. The police
halted it. In the confusion that followed, one young girl was hit over the head by a police officer’s
baton. Whitrod promised the students he would look into the matter. The Premier, according
to Whitrod: immediately issued a decree that I was not to conduct an investigation. If I was to investigate anything, he said, I was to investigate what the students were doing on the road
without a permit. I…thought it was my right to inquire into the conduct of one of my own
officers and that the premier’s pronouncement breached the doctrine of the separation of
powers’ (Whitrod 2001:179–180).

The Police Minister, Max Hodges supported the Commissioner’s request for an inquiry and was
removed from his portfolio for his efforts. There was no inquiry. After he had gone, the Premier
told the press, ‘I’ve told him [Whitrod] what I want … now we’ll just have to see wait and see how he goes’ (cited in Bolen 1997:88). He didn’t have to wait long. Within weeks a police raid on a Cedar Bay commune in North Queensland prompted a complaint by residents. Again the
Commissioner said he would look into the matter.

And once again the Premier issued a decree that Whitrod was ‘not to send any officers north of
Cairns to investigate’. Whitrod defied the directive and proceeded with the direction on the
grounds that ‘police were sworn to uphold the law and that public accountability of the police
would be supreme’ (Bolen 1997:69). He told his officers that he was ‘issuing a direct order to them in contravention of the premier’s directive’. Their subsequent report was critical of the police
involved in the raid (Whitrod 2001:180).

Six weeks later, Cabinet decided to ‘substitute its police promotion list for [Whitrod’s] (Waller
1980:258) and promoted Inspector Terry Lewis to Assistant Commissioner over Whitrod’s
recommendation. Whitrod resigned immediately citing ‘political interference in policing’ (Bolen
1997:69). At his press conference Whitrod commented:
The government’s view seems to be that the police are just another public service department
accountable to the premier and cabinet through the Police Minister, and therefore rightly subject to directions, not only on matters of general policy but also in specific cases (cited in Pitman 1999:17).

Later Whitrod expressed relief that he was no longer ‘subject to the whims of Queensland
authorities’ (Whitrod 1997:iv). On his resignation the Courier Mail (17 November 1976) reported:
"the next Police Commissioner, whoever he is, will be expected to be a ‘Yes man’ to the
Premier. What is equally perturbing, [is that] the fate of Mr Whitrod will be seen as a warning
to other public servants: No innovations; no bothersome reforms" (cited in Bolen 1997:92).

(Terry Lewis was later convicted and imprisoned for corruption.)

***

Following quoted from: http://www.news.com.au/couriermail/extras/oq/book6main5.html

One humid morning in August 1976, a land, air and sea assault was launched on the peaceful hippies of Cedar Bay, about 130km north of Cairns. The government had heard tales of drug production and responded with armed troops and police.

Some hit the beach in boats launched from a naval attack boat; others dropped in by copter or trudged in through thick rainforest.

They expected a massive drugs haul and perhaps an accused murderer rumoured to be hiding there. They found about 30 near-naked hippies and few drugs — the stiffest fine to emerge was a $500 bond for possession of marijuana.

Police set about destroying the camp, pouring kerosene over makeshift humpies and setting them alight, telling residents it was for their own good.

Police action . . . Cedar Bay hippies survey the ruin of their home after it was torched by Queensland police in 1976.

Civil liberties lawyer Terry O'Gorman, who was just beginning his career, was one of the first to trudge into the community to offer legal support to the bewildered hippies — pursuing charges of wilful destruction against police.

Walking through the bush in his safari suit he encountered several naked women and eventually stripped to his underpants during his time at Cedar Bay as a concession to his clients. "It's really the only time I've every conducted interviews like that," he later told media. You would hope so, really.

***

Following article quoted from:
QUEENSLAND COUNCIL FOR CIVIL LIBERTIES
ANNUAL REPORT OF THE PRESIDENT, TERRY O’GORMAN
ANNUAL GENERAL MEETING FOR 1981
http://www.qccl.org.au/documents/AGM_President_Rpt_1980_81_TOG_Feb82.pdf
Pages 4 & 5


Moves are afoot to use the laws relating to national parks to break up a small alternate lifestyle community in Cedar Bay.
Members will recall the $65,000 police raid conducted on the Cedar Bay commune in August
1976 with a resultant eight vagrancy charges and one minor charge of cultivation of marijuana. The widespread condemnation that greeted this activity has led the Government to use conservation-related laws to try to achieve what the criminal law could not, namely the removal of the Cedar Bay commune.
In November a Notice of Resumption of Lease was served on Bill Yale Evans, an 88 year old hermit otherwise known as Cedar Bay Bill. This document shows that the National Parks Minister is intending to resume Bill’s 50 year old lease, supposedly for conservation purposes. But no park management plan for the new Cedar Bay National Park (declared a National Park in 1977) has been published yet. And the supposed conservation motivation of the Evans lease resumption sits poorly with the logging of Windsor Tableland that is going on in an adjacent area, contrary to the wishes of conservationists.


THE WYTALIBA RAID

Those present at the 1997 Wytaliba Community Police Raid are also invited to contribute to a collection. (The raid was videotaped by residents, and police subsequently successfully sued?)

*****

Following quoted from:
Civil litigation by citizens against Australian police between 1994 and 2002 Report to the Criminology Research Council By Dr Jude McCulloch Criminal Justice and Criminology, Monash University & Mr Darren Palmer Criminology and Police Studies, Deakin University

http://www.aic.gov.au/crc/reports/200102-19.pdf

A New South Wales police employee interviewee referred to the impact of publicity on the level of litigation.
"I think that the reality of that increase [in civil litigation] is because people have been so successful, and much of this is self-fulfilling . . . It seems to me, groups of lawyers, many of which are ex-police interestingly enough, who have developed the capacity to use the system well in terms of people’s rights or perceived rights. I mean, I talk about the Wytaliba case in the paper that I wrote. I think that cost us a little over one million dollars. And what we’ve seen since then is I think we’ve had about thirty-seven statements of claim from other people who have some interest in property who in light of the decision have come forward well after the event and said, well, hang on, my rights were trespassed as well so I want some portion of these funds as well, and that’s substantially increased. And the lawyers in that case, and I’m not being critical of them in any way, but the lawyers are ex-police prosecutors who have been involved in policing and policing issues, operational issues, and I really think that there is that development in that regard. And I think then there is the publicity aspect to this, that these cases, because of their nature, get fairly substantial public exposure. Very often the lawyers that are involved in these cases get fairly substantial public exposure and I suspect that because of that, then people gravitate to them and use them" (P1: 4).
Settling matters on a confidential basis avoids the snowball effect.

The effects of settlement on police morale
Settling a matter may have a negative impact on individual police where they feel they have done nothing wrong and a plaintiff is being financially rewarded in circumstances where they don’t deserve it. The settlement may be seen as an indication of lack of organisational support for the individual officer or a lack of belief in the officer’s integrity. Settling cases may also have a negative effect on overall morale if it is generally thought that the organisation is a soft target and that police can be sued for just doing their job, with plaintiffs rewarded regardless of the merits of the particular situation. All police interviewed expressed the view that settlements were something that could impact on morale either at the individual or organisational level.

******

If you were there, please send us your story....

We'll put it here, with or without your name, as preferred.

 


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