Legal experts say the NSW Police should drop charges against 129 climate activists, after the Newcastle local court on October 21 found four protesters not guilty after taking peaceful blockade action at last year’s People’s Blockade in Muloobinba/Newcastle.
Noah Bruce-Allen, Roisin McSweeney, Andrew George and Joanna Gardner were charged under Section 214A of the Crimes Act for “serious disruption or obstruction of a major facility”, which carries a maximum penalty of two years in prison. They all pleaded guilty to fine-only offences, under the Marine Safety Act, and will be sentenced at a later date.
Magistrate Les Brennan found the protesters not guilty because of a lack of evidence. One hundred and thirty three people were charged at last year’s blockade, under NSW Labor’s controversial anti-protest laws.
The not guilty verdict could set a precedent for 129 others who are all pleading not guilty. They are scheduled for a mention on November 20 or November 21.
Dr Josh Pallas, legal director of Climate Defenders Australia, who is representing 50 others charged under the same act, said the police should “promptly withdraw all Section 214A charges against the Rising Tide arrestees”.
“The police have spent enough time, money and resources on these charges,” Pallas said. “The police as prosecutors must act in the public interest, and the public interest — and the interests of justice — can only be served if these charges are withdrawn.”
Timothy Roberts, President of the NSW Council for Civil Liberties, said on October 22: “We call on NSW Police to drop the anti-protest charges against the remaining Rising Tide arrestees. These laws are a weapon of repression of political speech and they must not be pursued further.”
Rising Tide spokesperson Zack Schofield said the laws were “designed to silence political dissent and protest. He said Rising Tide expected thousands of people to take part in the blockade in November “to fight for the Hunter and the transition plan” away from coal. He said the Port of Newcastle must stop coal ship movements for the duration of the weekend’s blockade.
[Sign up for the Rising Tide blockade here.]