
August 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 gun
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 at the Tin Shed, nor was there any effort made
to find anything.
(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. They were very lucky that morning
to find the one person on the property sleeping with a “stash”
of twelve ounces in a powdered milk tin by their bed.)
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 and Ruth though had been marched
out of their 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, Pala, and Wattle Creek residents
that had been rounded up. 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. I am unsure if this was where we were fingerprinted
and photographed. Perhaps someone else who was there can remember that
more clearly?
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 the van, and laughed at the high
comedy of some of the 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.
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 on. 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.
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.
Alan William Huttley (Spelling?),
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.
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Celebrating 30 years of
Police Over-kill...
"The real question is whether
there was some over-kill" NSW Premier Neville Wran , 1976
Scenario 1-
A small, economically poor rural community is sleeping peacefully. Just
before dawn, 60 heavily-armed & uniformed men burst into the various
dwellings and wake the inhabitants at gunpoint. 42 people are rounded
up and herded into a cattle-truck in which they are taken to the nearest
large town, imprisoned and booked on a series of trumped-up charges. Germany-
1936? Vietnam- 1972? No... Nimbin, Australia, 12th August, 1976.
The community in question was the
newly-formed Tuntable Falls co-op, the largest so-called "hippy commune"
in Australia. The charges were all marijuana-related and were all later
thrown out of court. At the same time as this heavy-handed example of
hippie-bashing, Australia was being flooded with heroin by a consortium
of career criminals and corrupt NSW Police. Nimbin at the time had no
visible street trade in marijuana, the only drug commonly used there.
Most of the new inhabitants had moved to this sleepy rural haven as part
of a conscious decision to seek a healthier more sustainable lifestyle
than that offered in contemporary society. Rightly or wrongly, these people
were largely well-intentioned idealists... not criminals.
Scenario 2-
A small village is holding its yearly festival. Women, children, family
groups, young and old are peacefully enjoying themselves. Music is playing.
People are smiling and laughing. Flags, banners and balloons are waving
in the sun-soaked breeze. Suddenly a group of muscle-bound, armed men
begin randomly grabbing people from the crowd, shouting at them, strip-searching
them and physically intimidating anyone who resists. At either side of
town, roadblocks have been set-up and visitors to the festival are being
forced from their cars, strip-searched and harassed by dogs. Those not
treated in this way are told to "go back where they came from"
East Timor- 1998? Serbia-1995? Nah... just good ol' Nimbin again- Mardi
Grass 2006. Some things just don't seem to change... or do they?
Thirty years after the "great
Tuntable cattle-truck bust", Nimbin (and anyone that moved here post-1973)
is still being used by the NSW Police as easy target practice. Heavy-handed,
intimidating, one-sided, expensive (and usually relatively pointless)
policing policies are a regular fact of life here. In the '70s, this was
somewhat understandable. The world at that time was still reverberating
to many of the changes initiated in the '60s and many of the old-time
residents here felt somehow threatened by the sudden invasion of hippies,
hemp and head lice. A few miles over the border, Joh Bjelke-Peterson was
running a corrupt and brutal police state and hippies were treated as
second class citizens. Concurrent with the Tuntable raid, North Queensland's
Cedar Bay commune was also busted. Houses were burnt down, fruit trees
chopped and the hippies were rounded up and chained to coconut trees.
A year later, the cops up there shot and killed a hippie in a pot raid
in Kuranda. Apparently (according to the cops) he was running off to get
a gun so as to come back and shoot it out with 'em.
Under Joh, police got away with this
sort of outrageous behaviour. Luckily for the Nimbin variety of hippie
though, we had a more enlightened State Government at the time. The premier,
Neville Wran was troubled by the Tuntable raid. As police minister he
wondered why he hadn't been told about it beforehand and asked that an
independent report of the incident be made. "The real question"
he said "is whether there was some over-kill". For this he was
pilloried by the north coast establishment, police and press.
To the hippies, it seemed we were
being persecuted because of our lifestyle choices, and that our civil
rights were seriously under threat. Eventually the government and the
legal system agreed, but it was some years before the local "straight"
establishment accepted this. In the meantime the local press reported
things in a very one-sided way (unlike their national counterparts). Police
at the time "said they appreciated the level of reporting in the
Northern Star". Small wonder when the Star failed to mention the
cattle-truck, the shotguns and the photo-copied warrants but somehow managed
to print an editorial and several letters praising the Police actions
and howling for Neville Wran's blood. As if to justify the raid, two days
after the bust, the Star printed a large article about the "scientific
facts" of Marijuana, including such priceless gems as pot being "occasionally
injected". No doubt about it... quality journalism!
As time went on everything mellowed
somewhat. The long-term locals generally came to accept the "new
settlers" and "us hippies" in turn learnt to be less arrogant
in our dealings with people we'd previously dismissed as "rednecks".
Eventually most people learnt that there was good and bad in all social
groupings. By the late '90s, a rather comfortable peace had settled over
the north coast and policing policies seemed to reflect this. As the 21st
Century crashed down on us though, this all changed. As the War On Terror
increasingly intersected with the War On Drugs and civil liberties and
personal freedom became more and more a thing of the past, we could be
forgiven for thinking that we'd somehow stumbled into a bad 1970's cop
show rerun. With a couple of major differences.
In the 70s, the cops appeared to have
been acting on their own behalf or from a purely local pressure. These
days though, the cops really are just doing what they're told. State and
Federal policy has shifted so far to the right that a sleazy opportunist
like Thomas George or a crazed '50s shopkeeper like Johnny Howard are
the ones calling the shots... and we KNOW what they think of hippies.
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 cliche 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.
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