“Not a shock”: Supreme Court judge dismisses Bob Brown’s trespass conviction

A Tasmanian judge’s decision to dismiss an appeal on Thursday launched by former Greens senator Bob Brown didn’t come as a surprise to the environmentalist. The findings.

Bob Brown arrested by Tasmania Police at logging coupe in Eastern Tiers. Picture: Bob Brown Foundation

A Tasmanian Supreme Court judge has dismissed all four grounds of environmentalist Bob Brown’s appeal against a 2024 trespass conviction, which didn’t come as a shock to the former Greens senator.

On Thursday over livestream from Launceston, Justice Kate Cuthbertson delivered her judgment to dismiss the appeal, after Bob Brown Foundation’s (BBF) namesake was convicted by Magistrate Jackie Hartnett in the Hobart Magistrates Court, alongside other protesters.

“It’s disappointing, but no, not a shock,” Dr Brown said outside of court.

“I haven’t yet had the chance to review the decision and see the basis of the findings but I won’t quit until we recognise the right to peacefully protest in this state.

“All we were doing was protesting a logging coupe that was habitat for the critically-endangered swift parrot.

Dr Bob Brown outside the Hobart Supreme Court of Tasmania ahead of his appeal. Picture: Genevieve Holding

“I will go as far as I have to protect that right and to protect Tasmania’s forests and vulnerable species from these destructive practices.”

The trespass conviction relates to the November 8, 2022 protest by Dr Brown and BBF protesters Karen Weldrick and Kristy Alger at a Sustainable Timbers Tasmania (STT) logging coupe in the Eastern Tiers region.

Dr Brown and the BBF claimed the critically endangered swift parrot used the land for foraging and nesting, and they were protesting to protect the bird’s habitat.

All were arrested by a police officer.

Justice Cuthbertson firstly denied claims by Dr Brown’s defence counsel Kathryn Foley SC that the order given by an STT officer in the logging coupe to move did not validly withdraw consent.

Bob Brown arrested by Tasmania Police at logging coupe in Eastern Tiers. Picture: Bob Brown Foundation

“Ultimately, the relevant question for this Court is whether it was open to the magistrates as a reasonable person to conclude that consent for the applicant [Brown] to remain on the land situated at McKays Road had been withdrawn,” Justice Cuthbertson said.

“No error in the context of this issue is apparent on the materials before the magistrate.”

Justice Cuthbertson said she also rejected claims that Dr Brown and the BBF’s submissions to STT constituted a sighting or report of swift parrots in the logging coupe, meaning logging operations would be illegal.

“The focus of the applicant’s argument on this ground concerned whether the prescription had triggered such that any purported withdrawal of consent was rendered ineffective,” she said.

“The applicant confined his argument to Ms Weber’s statement which included reference to the 2 November 2022 email but not its substance.”

Justice Cuthbertson reserved the issue of cost for the appeal to a later date.

Originally published as “Not a shock”: Supreme Court judge dismisses Bob Brown’s trespass conviction