NSW Police & coal seam gas miner Metgasco Limited's response to the Glenugie protest revisited - judgment transcript

Excerpt from Magistrate Heilpern’s October 2013 judgment in Police v Rankin; Police v Roberts [2013] NSWLC 25 which decided prosecutions were permanently stayed:

Collateral Purpose

82 The defence contend at paragraphs 15 to 21 of their submissions that the prosecution has been instituted for a collateral purpose. They submit that a question arises as to whether the prosecutions are being pursued for a political aim, given the high profile issue of CSG in the community. The defence further submit that the prosecution may be as a result of embarrassment by "Sydney" over the visiting specialist unit police and their failure to comply with LEPRA.

83 It is correct that the courts will not usually look behind the reason for a prosecutorial discretion. However, this is an exception to that situation. The applicants have 'fair and square' laid out their concerns relating to these matters in their submissions. Two solicitors have prepared lengthy affidavits replete with attachments to support this application. The response from the prosecution is to simply point out that there is no evidence beyond mere conjecture. To an extent that is true - there is no smoking gun that proves political interference or specialist squad intervention. However, nor have the police chosen to dispel these suggestions with any evidence, or any alternative scenario that does not involve collateral purpose. The informant has not filed any evidence to explain why the new charges have been laid, and had they, any cross-examination may have shed light on this issue. There is nothing in submissions which dispel the applicants' contentions. In particular, there is nothing from the informant to explain why his superiors determined to withdraw the charges, and he then instructed another prosecutor to run a different matter.

84 In my view, the burden on the applicant relating to a collateral purpose may be shown by inference. In this case I find myself asking "what could possibly be the reason for continuing on with such an 'innocuous' charge in these circumstances?" Whilst suspicion is not enough, what else is the court to conclude when the prosecution offers no other alternative to the issues raised by the applicants? Why else would the police risk a costs order against them in the original matters which were withdrawn (which could run into the many tens of thousands of dollars), drive a prosecutor up from Sydney to run the matters, arrange police witnesses to travel from Sydney all for an 'innocuous' minor traffic matter.

85 The defence is correct that the CSG issue is political, to say the least. The arrests in this case are just one set of many, and the defendants who have come before me are generally over 50 years, well educated with a fair smattering of farmers and professionals. It is in that context that the realistic suspicion of political interference arises.

86 My mind has wavered on this issue. There is suspicion, and there is a lack of any other rational purpose. However, I have formed the conclusion that I am not satisfied to the requisite degree that the prosecution in the fresh matters has been launched for a collateral purpose. Accordingly, I do not take into account the matters raised by the applicants on this issue.

Full transcript can be found here.

Federal Labor MP for Richmond congratulates Northern Rivers for its resistance to Metgasco Limited's plans to create gasfields in the region

Australian Parliament House of Representatives Hansard 26 May 2014:

STATEMENTS BY MEMBERS

Richmond Electorate: Coal Seam Gas

Mrs ELLIOT (Richmond) (16:03): I rise to speak about a great community victory on the North Coast of New South Wales on 15 May when the gas company Metgasco had its drilling licence suspended at Bentley near Lismore. I take this opportunity to thank all of those in the community who work so hard to force the New South Wales state government to suspend this licence. We know it is only a suspension and we have to remain vigilant to ensure that all forms of unconventional gas mining do not occur in our area. We can only achieve this with the Northern Rivers being declared gas field free. We will keep this campaign going. We had such a variety of people involved in this community protest: farmers, families, grandparents, kids, locals, people from all around our region, people from right around the state, people from interstate and people from outside Australia. Everyone helped us. This is a victory for all those community workers who worked so hard; for those people who camped at Bentley; for the thousands who showed up at Bentley; for those who supported the Bentley blockade; for the people who wrote letters and signed petitions; for the people who marched in those rallies; for the people who declared their streets and communities gas field free; for all the people at Lock the Gate, including Ian Gaillard, Michael McNamara, Phil Laird; and for our local media, who highlighted the community's concerns, particularly the Byron Echo, the ABC at Lismore and the Northern Star. This victory is a community one. It is not one that the National Party have been trying to claim. They have been pushing CSG for years. People were upset when it, pathetically, tried to claim this victory as its own. The fact is, it ignored the concerns that had been brought to them by thousands of people over the years. Make no mistake: it was a community victory that brought about this outcome, because our community stood together. Many individuals—and I congratulate all of those individuals—and community groups worked so hard. This is your victory. You should own it. Congratulations for the great work that you did in protecting our beautiful north coast.

The McNeill's publish a court-ordered apology to NSW Police

An apology which was long overdue.......

Even if this apology was hidden away on Page 41 of a 48-page issue of The Daily Examiner on 31 May 2014.

Page One of The Daily Examiner on 15 May 2014:

THE family at the centre of the infamous so-called Yamba riot will be forced to publicly apologise to the NSW Police Force after a claim for damages backfired and exposed a sinister plot to damage the reputation of local officers.

Craigh McNeill, his wife Maxine and their two children Dylan and Codie will foot their own legal costs and take out two newspaper advertisements to say sorry to officers who were pelted with bricks the night a squad car was torched at a teenage party.

The McNeills had claimed police were trespassing the night hell broke loose at the Yamba Industrial Estate and that several of those arrested were victims of police brutality and reputational damage.

But just days into what was expected to be a lengthy trial, an embarrassing stint in the witness box left Mr McNeill and his family with little choice but to withdraw.

Coffs/Clarence Superintendent Mark Holahan said yesterday police had, from the beginning, agreed that they would "fight the case to the end" and despite years of setbacks, justice had finally prevailed.

"Let the games begin".

With those words, Craigh McNeill launched an attack on police which would have ramifications for years to come.

The arrest of the Yamba father, his son Dylan and several of his children's teenage friends on Valentine's Day, 2010 made headlines and shocked the local community but it would be another four years before the real court battle began.

Following a decision in the local court, all those arrested were acquitted and Mr McNeill and his family hatched a plan to sue the NSW Police Force for damages.

But when their day in court finally came, things didn't go to plan.

Mr McNeill had claimed that he had tried to extinguish the fire with a bucket of water but a video played in court showed that the contents of the bucket appeared to have caused the fire to flare, not go out.

He said he had tried to calm the revellers down and stop them from being destructive but the court heard that out of the 107 people who gave statements to police after the party, not one could recall Mr McNeill asking them to stop what they were doing.

In the statement of claim, Dylan alleged police had told him he was "going to be raped" at Grafton Jail.

In the early stages of his evidence, Mr McNeill denied having any conversation with his former co-accused about his plan to sue the police.

A recording played in court revealed Codie's boyfriend Robert "Robdug" Harvey can be heard saying to another "Craigh says, 'Just pretend you got raped ... you'll get an extra 100 grand on there'."

Asked why he would have given that advice, Mr McNeill replied he had only said it "as a joke".

The case was suddenly adjourned on Monday for legal argument and on Tuesday morning the McNeills confirmed they would not be pursuing the case……

Background

How a party became a riot and ended in a rout

Yamba police facing claims over 2010 riot

Yamba riot accused set free

Court backs police

Moggy Musings [Archived material from Boy the Wonder Cat]

A mixed opinions musing: The battle of the legal opinions found in Clarence Valley Council’s May 2014 monthly meeting business paper & minutes has caused some comment in the valley. One local with a legal background who contacted Clarencegirl has formed an opinion that the administrative arm of council was “denying natural justice” when it recommended this change to the Privacy Management Plan: ‘Council is exempt from complying with this Principle (6) in situations where compliance is reasonably likely to detrimentally affect Council’s conduct of an investigation’.

Some others are just glad that the tussle over who controls formation of council policy – management or the nine elected councillors – for once is out in the open. Me? As one of many moggies living in the valley, I’m glad all I have to worry about is whether fresh fish will be on the menu today!

A troubled musing: Will social housing providers on the NSW North Coast evict tenants who are under thirty, lose their jobs and cannot get income support for up to six months?

A Eureka Moment musing: It was not a relaxed wake-up this morning. My two legs sat straight up in bed with “That’s it!” on her lips. Seems she thinks that perhaps the reason why Clarence Valley Council was so eager to settle Wayne Smith v Clarence Valley Council out-of-court in December 2013 was the possibility that the investigation report mentioned here would form part of the evidence presented.

An OMG musing: Look who has turned up again. Federal Court of Australia, Wednesday 21 May 2014 Law Courts Building Sydney (P) ACD24/2007 PETER JAMES SPENCER v THE COMMONWEALTH OF AUSTRALIA & ANOR.

A perturbed feline musing: My servant’s calculator fascinates me – because the shiny numbers often make her say a bad word. This week I found out what some of those bad words were about. Apparently there’s a dog called “Bluddy Abbott” who is going to make us do without to increase the number of $$$ he hoards to buy bones – except that in four years’ time he will only have as many bones as he has today and will still owe the butcher heaps of money.

An he thinks voters are stoopid musing: Tamara the Tabby's owner says you can tell a state election is less than 12 months away. The sleeping bewdy of NSW politics, Nationals MP Chris Gulaptis, has finally woken up and is peppering the media with suddenly discovered concerns such as this: Clarence MP Chris Gulaptis hopes his senior NSW Government colleagues will go one step further and cancel Metgasco's PEL16 following yesterday's temporary suspension of the company's petroleum licence.

A jungle drums musing: Rumour winging its way north from Sydney is saying that Craigh Jeremy McNeill v State of New South Wales (NSW Police Force) has abruptly ended. So is this finally the end of the Yamba Riot saga?

A money musing: As the coffee was poured and tidbits from the tea table came my way, I was listening intently to the hoomins in my family discussing the fact that since July 2011 Clarence Valley Council has attracted over $749k in legal expenses of various kinds. Of course lots of this money was probably paid out by council’s insurer and some of it would have been recovered as part of court judgments – but there’s no getting away from the fact that council apparently spent a cool $14.9k investigating one of its own.

A political donation musing: A NSW North Coast politician only had one registered donor in 2007. So it’s rather surprising to find that this donor, who apparently gave no other candidate a donation in that year, could mess up his declaration so badly. The declaration appears to have the wrong ABN number for the company listed as the donor and, the candidate is also listed as belonging to a party for which he did not stand at any election to date.

A muddying the waters musing: Troy Anderson, Clarence Valley Council's works and civil director, told The Daily Examiner in May 2014 that; people experiencing water discolouration should run their taps until the water cleared. Yarz, I can just see locals running taps for 30 minutes or more non-stop when council's base water consumption rate is$1.57 per Kl.

A chortle chortle musing: I was having a quiet nap when the sounds of mirth woke me. My two-legs was amused by the fact that Clarence Valley Council's general manager apparently takes umbrage if a resident or ratepayer dares to send correspondence addressed to him to the email address officially assigned to him, Scott.Greensill@clarence.nsw.gov.au. What's next I wonder?  Greensill is the gift that just keeps on giving.

A worried moggies and doggies musing: If in two and a half years’ time Tony Abbott intends to do as he is promising now and so leave pensions lagging behind the true cost of living, how many of our hoomins are going to be able to afford our food and vet bills?

Boy

Tony Abbott The Musical - sneak peek

The beginnings of what could be a wonderful musical experience J

http://youtu.be/AFWXGvFLq70

Australian Prime Minister Tony Abbott is out of touch with ordinary people, arrogant, narrow-minded, superficial - but he's hardworking!

Essential Report 27 May 2014:

Leader Attributes – Tony Abbott

May 27, 2014

Q. Which of the following describe your opinion of the Prime Minister, Tony Abbott?

	2 Sep 14 (as Opposition leader)	29 Oct 14	15 Apr		Total 27 May	Change
Out of touch with ordinary people	52%	51%	56%		67%	+11
Arrogant	52%	54%	58%		63%	+5
Narrow-minded	55%	54%	56%		61%	+5
Hard working	71%	67%	66%		57%	-9
Superficial	48%	49%	50%		57%	+7
Intolerant	47%	49%	47%		55%	+8
Intelligent	63%	62%	59%		52%	-7
Aggressive	47%	46%	45%		52%	+7
Erratic	43%	43%	43%		51%	+8
Understands the problems facing Australia	46%	51%	48%		42%	-5
A capable leader	46%	52%	50%		41%	-9
Good in a crisis	39%	45%	45%		35%	-10
Visionary	35%	33%	34%		31%	-3
More honest than most politicians	34%	39%	37%		30%	-7
Trustworthy	38%	40%	40%		29%	-11

Tony Abbott’s key attributes were out of touch with ordinary people (67%), arrogant (63%), narrow-minded (61%), hard working (57%) and superficial (57%).

Since April, the largest shifts have been for out of touch with ordinary people (+11), trustworthy (-11), good in a crisis (-10), hard working (-9) and a capable leader (-9).

Note: Possible that dates “2 Sep 14” & “29 Oct 14” should read “2 Sep 13” & “29 Oct 13”