Bob Brown and fellow protesters argue they have no case to answer in Snow Hill trespass fight

Lawyers acting for veteran environmentalist Bob Brown are fighting for the courts to dismiss a trespass case against him, after he was arrested at a Snow Hill anti-logging protest. Latest from court.

The critically endangered swift parrot. Picture: Bob Brown Foundation

Lawyers acting in a trespass matter for veteran environmentalist Bob Brown have argued he has no case to answer – and have staged an attempt for the courts to dismiss the action against him.

Dr Brown was due to enter the witness box in the Hobart Magistrates Court on Tuesday after he and two fellow protesters – Kristy Alger and Karen Weldrick – were arrested during an anti-logging protest near Snow Hill, in the state’s east, during November 2022.

But Magistrate Jackie Hartnett adjourned the case until Wednesday morning, when she will deliver her decision on their no-case argument.

Their argument is based on the claim the legislation used by Forestry Tasmania to arrest the trio was invalid for that purpose.

The activists, who were each charged with one count of trespass, said they had been defending nesting habitat of the critically-endangered swift parrot – with Dr Brown sitting on a tree stump and the other two having attached themselves to machinery.

They have each pleaded not guilty.

Karen Weldrick, Bob Brown and Kristy Alger outside the Hobart Magistrates Court. They have each been charged with trespass after a protest against logging in swift parrot territory at Snow Hill during November 2022. Picture: Amber Wilson

The court heard, during the prosecution case staged on Monday, that a swift parrot nesting tree was cut down after the trio was arrested.

A Sustainable Timber Tasmania forest officer said this was due to safety concerns, claiming it was over-mature and likely to fall.

But outside court, Dr Brown said he believed felling the tree was “an act of official vandalism and spite, meant to distress those of us trying to protect the swift parrots”.

Large tree felled in the Snow Hill forest logging area.

On Tuesday, Dr Brown said in a statement that he maintained the logging at Snow Hill was illegal.

“It was part of the destruction of habitat which is sending the swift parrot, as well as other Tasmanian native species, to extinction,” he said.

Ms Hartnett said if she decided there was a case to answer, a new court date would be arranged on Wednesday for the defence case to be heard.

If the case does continue, Dr Brown’s defence side will call at least four witnesses.

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Originally published as Bob Brown and fellow protesters argue they have no case to answer in Snow Hill trespass fight