Kyle Magee, Juliet Lamont face Sarina court for coal terminal protest
A pair of activists that forced two coal terminals to shut down conveyors has faced court with one saying the punishment was ‘eye-opening’. Read what happened in court.
Police & Courts
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A university dropout has blamed having “profound depression” about the environment for his almost 20-year pursuit of activism including two recent stunts at coal terminals.
Kyle Magee, 38, and fellow environmental activist, Juliet Lamont, 50, both fronted court after locking-on to a conveyor at Hay Point Coal Terminal near Mackay on October 26 and at North Queensland Export Terminal (formerly Abbott Point) in Bowen on November 2.
Prosecutor Robert Beamish said staff and police asked the duo to release their arms from the “sleeping dragon” welded-steel device and leave the privately-owned premises but they refused.
Sarina Magistrates Court heard the protest shut down the conveyor belt at Hay Point for about six-and-a-half hours, only ending when the police cut the pair free and arrested them.
“Restarting the conveyor belts may have resulted in the death or serious injury of the (pair) and for (their) safety, the conveyor belt could not be used while (they) were attached,” Mr Beamish said.
The duo were granted bail and a week later were involved in a lock-on in Bowen, causing the North Queensland Export Terminal to shut a conveyor for about four hours.
The court heard they were arrested with Magee sent to Mackay Watch House and Lamont to the Townsville Women’s Correctional Centre.
Magee said he regretted he had to take such actions but he felt “so strongly” about the cause.
The father said he dropped out of a science and engineering university degree at about age 19 after becoming “profoundly depressed about the state of the world” including climate change, international injustice, neocolonialism and capitalism which was placing people in danger of a “terrible future”.
The court heard his “criminal history” began with a protest against for-profit businesses advertising in public spaces with his latest coal terminal protests in support of what he said was “vital public importance”.
“In every major city in Australia, the majority of people want to see more action on climate change and we have a leader who’s not doing it,” Magee said.
Magistrate Bronwyn Hartigan said character references submitted for Lamont said she was a “very highly regarded” documentary maker who had elevated her environmental action after the death of her eco-conscious husband.
The court heard Lamont was convicted on three previous occasions for similar actions across Queensland and NSW in 2016, 2018 and 2019 but this was the first time she was jailed.
Moving to the Townsville region from NSW during the Covid-19 pandemic, Lamont said jail had been an eye-opening and alarming experience, adding the conveyors they chose to lock-on to were not in operation at the time.
Both Magee and Lamont pleaded guilty to two charges each of unlawfully remaining in a place used for business purposes, without reasonable excuse contravening a police direction to remove themself from the coal terminal, without reasonable excuse using a dangerous attachment namely a sleeping dragon to halt equipment, and intentionally disrupting port operations.
Ms Hartigan said she considered the six days Magee and Lamont had already served in pre-sentence custody to be adequate punishment.
“I’m sure you will still hold these strong convictions but you might think twice before conducting yourself in this way,” she told Lamont.
Convictions were recorded for both activists.
Star Miribai Hungerford, 35, of Mackay, and Scott Raymond Daines, 53, of Bogie near Bowen, also faced the Sarina court for allegedly trespassing onto Hay Point Coal Terminal on October 26.
Both pleaded not guilty and will face a trial in 2022.
Environmental Defenders Office solicitor Rachael Barwick will represent Ms Hungerford.