Magistrate finds guilty climate activists to have ‘muscular good character due to their strong records of community service ’

 

Echo, 30 January 2024:

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.

Ms Hood-Withey said neither she, 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’......

Returning to the matters heard in Newcastle last week that protestors said included five Northern Rivers residents, Ms Hood-Withey said many represented themselves.

Some had the support of the Environmental Defenders Office, she said.

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......

Read the full article here.

Note:

John Chicken was appointed to the bench of the NSW Local Court by NSW Attorney General John Hatzistergos in 2009, after practicing law in New South Wales for 21 years with a strong background in criminal law having appeared extensively as a criminal advocate in the Local, District and Supreme Court of NSW.