Wallum protesters charges mostly dismissed to Clarence Valley Property Group’s CEO Simon Kennedy’s dismay
A group of seven Byron Shire protesters arrested during a rally at the contentious Wallum development site have had charges largely thrown out in court. Here’s what happened.
Police & Courts
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A group of seven protesters arrested during a rally at the contentious Wallum development site in the Byron Shire have had charges largely dismissed in court.
The chief of site developer Clarence Valley Property Group, Simon Kennedy, said he was pleased to see protesters plead guilty, but he wanted tougher penalties.
He said “additional penalties were appropriate”, but he was “comfortable the outcome acknowledged” the illegal behaviour “that further discredits the extreme activist group of which they are members”.
“Clarence Property will continue to work with the police to resolve the ongoing illegal ... activity at the Wallum site and within the broader Bayside Brunswick estate, with a view to ensuring safety for residents, Clarence staff and their contractors as they go about
their lawful daily activities,” he said.
On April 17, civil contractor J&M Bashforth & Sons withdrew as protest action from the Save Wallum group hit fever pitch.
NSW Police in riot gear stormed the site to arrest protesters who chained themselves to machinery.
The Northern Regional Planning Panel gave the development the tick in May last year and 18 hectares is to be dedicated to conservation
Protesters argue threatened species are in the firing line and Save Wallum spokesperson Svea Pitman recently told NewsLocal the massive protest group made “every attempt to distance itself from violent or threatening behaviour”.
“ . we want nonviolent and peaceful protest, but can’t control everyone including the outliers,” she said.
On Monday, seven people faced Byron Bay Local Court in relation to the protest – Alyssa Anabelle Ashmore, Angela Banovic, Elaine Karen Toogood, Kaya Lanteri, Kirsten Lisa Redmond and Tom Adams. All entered early guilty pleas.
Police state in court documents that officers arrived at the Torakina Rd site to make sure workers were able to get machinery on to the land about 9am.
Those in opposition interfered by sitting on the road and linking arms in front of the machinery and police state this constituted stopping work happening on a private development site.
In court, many of the protesters were accompanied by family and friends who squeezed into the public gallery.
The colourful crowd wore dreadlocks, brightly coloured hair and clothing, and even feathers. One spectator ran a finger along the courtroom’s walls during proceedings, inspecting the unique wooden panels, perhaps out of boredom as the cases crawled by.
Adams, 29, of Goonengerry was the first in line, charged with preventing free passage of a vehicle and resisting police.
Police state the self-employed construction worker was seen linking arms with the other protesters, given a move-on order and then breached the direction.
Four officers had to lift Adams off the road and unlink him from the other protesters while he “thrashed” and “violently resisted”.
Adams breached a community release order, the documents state. He is due to be sentenced at Mullumbimby Local Court on June 5.
Ashmore, 29, of Southport on the Gold Coast was charged with remaining on enclosed lands without a lawful excuse.
The student gardener was also seen linking with other protesters, before she climbed onto machinery and locked herself to the vehicle by the neck. The police rescue squad had to use a metal grinder to remove the device.
The protesters’ defence lawyer Cassandra Bennett said Ashmore was a passionate student studying an environmental-related course.
Magistrate Karen Stafford noted Ashmore did not have a criminal record and dismissed the charge without conviction.
Banovic, 42, of Suffolk Park was charged with entering enclosed lands without a lawful excuse.
The community services project officer locked herself to the front of a digger, police state.
Banovic told police she didn’t have the key when officers asked her to unchain herself and the rescue squad cut the lock.
Ms Stafford said the offending was not “trivial” – but noted Banovic volunteered after the 2022 floods.
The court heard Banovic previously acted as a peaceful co-ordinator at a dolphin protest outside an aquarium,
Her charge was dismissed without conviction.
Kaya Lanteri, 30, of Ocean Shores was charged with resisting police and preventing free passage of a vehicle.
She also linked arms with others to halt machinery. Police gave her a move-on order, but she refused.
Police state Lanteri spoke to officers in English at the protest, but claimed she could only speak French once arrested.
Ms Stafford said Lanteri acted as dead weight when officers handcuffed her and she had to be carried back to a police vehicle.
The magistrate said: “Perhaps she was naive of the consequences of her actions during this process,” she said.
Lanteri’s charge was dismissed without conviction.
Koushalya Pereiaslov, 24, of Mullumbimby was charged with remaining on enclosed land without a lawful excuse.
The Paddock Project disability support worker climbed onto machinery and interlocked her hands through pipes. Police had to use a metal grinder to remove the pipes.
Ms Stafford said Pereiaslov was remorseful and unlikely to reoffend. Again, the charge was dismissed without conviction.
Kirsten Lisa Redmond, 58, of Mullumbimby was charged with obstructing a driver’s path, resisting police and entering lands without a lawful excuse.
Like others, the school gardener sat on the road and linked arms with others, refusing to move on, police state. Redmond also had to be carried away
Ms Stafford said Redmond lost her home in the 2022 floods and had no prior convictions. Charges were dismissed without conviction.
Toogood, 47, of South Golden Beach was charged with entering into enclosed land without a lawful excuse.
She climbed onto a piece of heavy machinery and refused to climb down, police state.,
Ms Stafford described Toogood as of “high moral character” and said she worked with young people and in community engagement.
Charges were dismissed without conviction.
Police prosecutor Sergeant Val Short argued community release orders should be issued because some protesters lived near the site and “work is disrupted by the protest”.
Magistrate Karen Stafford said during proceedings her role in sentencing was not to decide if the development was appropriate.
“My personal or political views are irrelevant, they belong in the personal sphere,” she said.
Ms Stafford said the protest took place in a “residential-rural area with no traffic”.
“It didn’t happen on the Harbour Bridge,” she said.
The protesters cheered as they left the courthouse.
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