Magistrate praises activist

Alan Roberts from the Nimbin Environment Centre was singing the praises of Environmental Defender’s Office solicitor Sue Higginson after six Northern Rivers residents had a successful day in court.

In December, 75 activists occupied the railway line into Bayswater Power Station, near Muswellbrook, including Alan, Benny Zable, Ahri Tallon, Phillipe Dupuy, Jesabe Warner, Tony Gleeson and Tom Driftwood.

They were arrested and charged. On January 31 they pleaded guilty in Muswellbrook local court and the magistrate convicted and fined them all $250. But 47 of them appealed against the severity of the sentence.

Last week Judge Peter Zahra dismissed the charges under Section 10 of the criminal sentencing procedural act, which allows discretion for people who have not previously been convicted of a criminal charge.

“The court acknowledged that all of the appellants were motivated by desire to protect the community and he referred to them as ‘impressive and remarkable individuals’,” Ms Higginson said. “Taking instruction it became very clear we were dealing with a remarkable group of people who give so much of their lives in volunteering for the community to social justice and environmental causes. The court acknowledged all of those factors and also considered that it was a peaceful protest committed to the ideals of non-violent direct action; there was no damage to property and everybody mostly cooperated with police.

“It was absolutely clear that a commitment to community spirit is alive and well in this outstanding group of people.”

Alan said he was relieved that the charges had been dismissed.

“It’s bloody fantastic,” he said. “It indicated, to me, a change in the system. In so many court cases you see red-necked judges and I wasn’t expecting this reaction. The judge referred to the fact people in this group were experts on climate change, that was significant to him and that we were doing it for the rest of the community.”

Climate camp is an international event and Bayswater Power Station was chosen because it is powered by brown coal, which produces a huge amount of carbon dioxide.