More than thirty climate activists controversially charged under NSW laws are free to continue life without penalty after their matters were heard in the Newcastle Local Court last week.
Police arrested 109 activists at the 12th Rising Tide anti-coal blockade of Newcastle Port late last year when the protest continued past the officially permitted time.
Officers said afterward they would allege in court some protesters deliberately entered the harbour channel after the permitted end time for the protest at 4pm on the Sunday, after three days of protests, despite police warnings and directions.
Protestors this week said police had subsequently charged 99 people with s14a of the Maritime Safety Act, Unreasonable interference by operation or use of vessel.
Twenty-one activists reportedly received convictions in the first related court hearing on 11 January while no convictions were recorded for another 40.
Last Friday, charges against 36 protestors were heard in the Newcastle Local Court, with the case against one, who was pleading not guilty, adjourned until 15 February.
Magistrate finds guilty climate activists to have ‘muscular good character’
Byron Shire climate and housing advocate Chels Hood-Withey on Monday said the other 35 protestors pleaded guilty, with five receiving convictions.
Many had their charges handled under a ‘Section 10A’ in NSW law effectively allowing for groups of people facing similar or the same minor charges to receive the one judicial finding.
Hood-Withey said neither they, nor many of the other protestors pleading guilty in Newcastle Local Court, received a penalty or recording of the offence.
Magistrate John Chicken told the court protestors had ‘noble intentions, albeit they ended up in an infraction of the law,’ Ms Hood-Withey told The Echo.
‘They were motivated by selflessness and a genuine concern for the climate and the future of the earth,’ Magistrate Chicken was quoted as saying.
He characterised the defendants, aged 24 and 71, as being of ‘muscular good character due to their strong records of community service’.
Byron housing advocate highlights local climate crisis
Hood-Withey said in their case, that community service came mainly via work campaigning for housing in the Byron Shire.
The Main Arm resident was the driving force behind recently launched local housing advocacy campaign, House You.
The group was due to host a general meeting Monday night to share information about their campaign.
Hood-Withey was also a recent member of the Byron Emergency Flood Action Group, which met locally in Mullumbimby and was focused on how flood, fire and climate disasters were impacting a declared housing crisis.
The group was working in partnership with Lismore-based community group, Reclaim Our Recovery, Hood-Withey said, and was planning ‘a big gathering demanding a fully funded flood recovery and time-lines’ on 12 February.
The recent environmental disasters in the region, Hood-Withey said, were directly linked to a wider climate crisis.
Three protestors fined, maximum fine $400
Returning to the matters heard in Newcastle last week that protestors said included five Northern Rivers residents, Hood-Withey said many represented themselves.
Some had the support of the Environmental Defenders Office.
Several opted to enter their guilty pleas through the court’s online system and didn’t have to face court in person.
There were no conditions placed on their release from the court matters.
Of the five protestors convicted, two received no penalty while three received penalties.
Hood-Withey said those fined were people with prior convictions.
The largest penalty imposed was $400, she said, compared to the largest possible fine of $5,500.
Another protestor who pleaded not guilty earlier this month was also due to have their matter heard again on 15 February, Hood-Withey said.
Of the 99 protestors charged, 70 had so far faced court and received no convictions, while 26 had received convictions, with three matters ongoing.
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