Bob Brown Foundation protester Ailsa Bennell has trespass, obstructing mining charges dismissed in test case win

A Tasmanian Tarkine protester who chained herself to an excavator had her charges sensationally dismissed. FIND OUT WHY >

Ailsa Bennell, a Bob Brown Foundation protester who chained herself to an excavator, has had her charges dismissed in Hobart Magistrates Court.

A protester who chained herself to an excavator has had her charges dismissed after a magistrate found the mining company who had contracted out the machinery had no right to demand she unchain herself.

Magistrate Chris Webster on Wednesday told Hobart Magistrates Court that he “could not be satisfied beyond reasonable doubt” that the charges of trespass and injuring or obstructing mining operations could be made out against Ailsa Bennell.

Ms Bennell had pleaded not guilty to the charges, with the matter previously going to hearing.

Jenny Weber of the Bob Brown Foundation said they applauded the dismissal of Ms Bennell’s charges, which was a vital test case for the foundation.

“This was a test case for twenty-eight other takayna defenders on similar charges. We call for these charges to be dismissed.” Ms Weber said.

The court was told that on May 10, 2021 Ms Bennell had been asked by Minerals and Metals Group (MMG) employee Terry Quinn, to unlock herself from the excavator on Heligog Rd near Marionoak.

Ailsa Bennell, a Bob Brown Foundation protester who chained herself to an excavator, has had her charges dismissed in Hobart Magistrates Court.

Mr Quinn, the court heard, had told Ms Bennell the excavator was “owned by MMG” and that she “did not have consent” to be trespassing on it.

The court was told the excavator had actually been owned by Gradco, who had been contracted by MMG to undertake track construction and road repair works at South Marionoak.

MMG general manager Stephen Scott in evidence at the hearing said MMG had wanted to conduct “substantial works” on the site of the lease, and were “investigating the feasibility of constructing a tailing storage facility”.

But at the time of Ms Bennell’s arrest, the required environmental and planning approvals had not yet been approved.

Mr Webster said he could not be satisfied that Ms Bennell had been a trespasser on the land.

“There was no evidence that Mr Quinn had any authority given to him by Gradco to remove the defendant from the vehicle, in fact, the contrary appears to be the case,” he said.

The court heard there was also no evidence that the excavator was going to be used “that day; or that week; or ever again”.

Police on the scene after Ailsa Bennell, a Bob Brown Foundation protester who chained herself to an excavator. Ms Bennell had her charges dropped.

“In short, there was no evidence that the actions of the defendant on that day affected the maintenance of the road one iota,” Mr Webster said.

He said there was also no evidence that Ms Bennell’s actions had disrupted any of MMG’s mining activities at any of its mining sites.

Mr Webster said MMG’s management had no authority to ask Ms Bennell to unchain herself.

“The presence of the defendant at Heligog Rd should not have even provided a distraction to management of MMG,” Mr Webster said.

“I am not satisfied that just because management of MMG may have had to deal with protesters generally, or the defendant in particular, that their involvement meant that (Ms Bennell) or protesters generally was ‘hindering or obstructing’ mining operations.”

The charges were dismissed.

Originally published as Bob Brown Foundation protester Ailsa Bennell has trespass, obstructing mining charges dismissed in test case win