Seven Save Wallum protectors charged with locking on and obstructing civil works at the contentious urban development at Brunswick Heads had their cases dismissed in the Byron Local Court on Monday, with no fines and no convictions recorded.
Large development company, Clarence Property, are facing organised non-violent resistance to their plans, which were approved by the Northern Regional Planning Panel (NRPP) and Byron Council.
The credibility of the process that led to approval is disputed.
According to a statement by the group’s Holly Galbrait, it is ‘a pivotal moment in the steadfast and peaceful vigil at the site of the contentious Wallum housing development’.
She said, ‘Heavy machinery and riot police descended on protectors on April 17, 2024, resulting in the arrest of 19 individuals, but this decision has turned the tide’.
‘Led by local lawyer Cassandra Bennet, who graciously offered her services pro bono, six matters were finalised with guilty pleas submitted. Remarkably, the presiding Magistrate exercised discretion under Section 10 of the Crimes (Sentencing Procedure) Act 1999, issuing all six a non-conviction and no fine.
‘The significance of this ruling cannot be overstated. Section 10 underscores the court’s recognition of the protectors’ genuine intentions and unwavering dedication to their cause. With a Section 10(1)(a) order dismissing the charges, the court affirmed the rightfulness of their actions.
‘While one matter remains pending until June 5, the outcome is a testament to the power of collective action and the resilience of communities in the face of zombie developments,’ said Ms Galbrait.
One group member who faced the court said, ‘The dismissal of charges is a victory not just for myself and the other Wallum protectors, but for every community member fighting to protect sacred lands from unchecked development. Our voices were heard, and justice prevailed. Let this serve as a reminder that when we unite to defend what’s sacred, we are unstoppable. We are determined to Save Wallum.’
Galbrait added, ‘The local community remains steadfast in its mission to protect one of the last remaining Wallum ecosystems in the Byron Shire. The events mark a significant step forward and is an inspiration to communities far and wide to stand up for what they believe in’.
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