Legal experts are calling on NSW Police to drop charges against 129 climate activists after the Newcastle local court on October 21 found four protesters not guilty. Police charged people taking peaceful blockade action at the
Noah Bruce-Allen, Roisin McSweeney, Andrew George and Joanna Gardner were charged under Section 214A of the Crimes Act for “serious disruption or obstruction of a major facility”, which carries a maximum penalty of two years in prison.
because of the lack of evidence they had entered the shipping channel at the time of their arrest on November 24. He dismissed the charges against the four protesters.
At last year’s protest, 133 people were charged under controversial anti-protest laws introduced by NSW Labor in 2022, designed to ensnare climate activists.
The not guilty verdict could set a precedent for 129 others who have been charged under 214a of the Crimes Act, who have all pleaded not-guilty and are scheduled for a mention on November 20 or November 21.
The defence team will be making an application for costs, which will go before the court next February.
Bruce-Allen, McSweeney, George and Gardner have all pleaded guilty to fine-only offences, under the Marine Safety Act, and will be sentenced for those at a later date.
Dr Josh Pallas, legal director of Climate Defenders Australia, who is representing 50 others charged under the same Section 214A described the judge’s decision as “decisive” adding that the police should “promptly withdraw all Section 214A charges against the Rising Tide arrestees”.
Climate Defenders Australia is representing 50 arrestees from the 2024 Blockade with the same charges and similar facts as the cases the court dismissed.
“The police have spent enough time, money and resources on these charges,” Pallas said. “The police as prosecutors must act in the public interest, and the public interest — and the interests of justice — can only be served if these charges are withdrawn.”
Zack Schofield, Rising Tide spokesperson, said the laws were “designed to silence political dissent and protest, but Chris Minns needs to learn that you cannot arrest your way out of a climate crisis”.
He said Rising Tide expected thousands of people to take part in the blockade in November “to fight for the Hunter and the transition plan” away from coal. He said the Port of Newcastle must stop coal ship movements for the duration of the weekend’s blockade.
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