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‘Complete numbskulls’: Magistrates urged to throw book at protesters

A girl, 16, who was one of almost 170 climate activists arrested for blockading the state’s busiest coal port on Sunday has spoken out after the charges.

‘Wackos’: Anti-coal protesters blockade Port of Newcastle

Magistrates have been urged to throw the book at “numbskull” protesters who shut down Newcastle Port yesterday, as their leader said history shows they can expect leniency from the court.

Nearly 170 climate protesters were arrested after blockading the state’s busiest coal port on Sunday, with concerns already mounting that magistrates won’t enforce full penalties.

The protesters from activist group Rising Tide, were arrested after paddling a flotilla of kayaks and homemade vessels into the shipping channel at the Port of Newcastle at 10am on Sunday, forcing the port authorities to pause shipping.

More than 10 protesters got stuck on the water and needed rescuing. Of the protesters charged, 14 were children.

Among those charged was a 16-year-old female, who called the experience “scary” but claimed she would do it again.

The 16-year-old female who was charged yesterday. Picture: Facebook
The 16-year-old female who was charged yesterday. Picture: Facebook

“It was scary and it’s not something I took lightly and I wish I didn’t have to take this kind of action,” she told the Newcastle Herald.

“But the fact is that the protests happened because our government is failing my generation.”

Prior to Sunday’s protest, the high school student called out Prime Minister Anthony Albanese.

“I’m here to voice the anger of my generation,” she said.

“The Albanese Government claims they’re taking climate change seriously but they are completely and utterly failing us by approving polluting new coal and gas mines.”

A South Korean bulk freighter, the Oriental Star was forced to temporarily abort entry into the port due to an armada of protesters blocking the channel.

Climate protesters risked lives attempting to blockade access to Newcastle port on Sunday. Picture: Roni Bintang/Getty Images
Climate protesters risked lives attempting to blockade access to Newcastle port on Sunday. Picture: Roni Bintang/Getty Images

Opposition police spokesperson Paul Toole expressed concern that magistrates would not hit protesters with the full penalties of the charges, after 138 people were charges under section 214A of the Crimes Act for damaging or disrupting a major facility.

The maximum penalty for the charge is a $22,000 fine and two years imprisonment. Another 32 people were charged with not complying with direction by authorised officer relating to safety, an offence that only incurs a $3,300 fine.

Social media images from Rising Tides Facebook page
Social media images from Rising Tides Facebook page

“Magistrates have got to stop just giving them a slap on the wrist – they can’t keep going with this soft approach. The laws are there and they need to start enforcing them,” Mr Toole said.

“These protesters are just complete numbskulls trying to manipulate their way around our laws – they are intent on causing the most disruption for the fewest prosecutions and its about time they were properly fined and given imprisonment terms for their behaviour.”

Protest organisers also acknowledged that historically magistrates gave protesters far lighter sentences.

NSW Police stop climate protesters as they paddle out to the shipping channel. Picture: Roni Bintang/Getty Images
NSW Police stop climate protesters as they paddle out to the shipping channel. Picture: Roni Bintang/Getty Images

Rising Tide organiser Zack Schofield told The Daily Telegraph he believed the event had been very successful despite the mass arrests and suggested the courts would likely be lenient in their sentencing.

“I think the experience from the courts shows that in many cases the penalties from Section 214A are nowhere near the maximum,” he said.

“Is the government going to try and arrest their way out of the problem they’ve created by approving new coal and gas in a climate crisis … well they can try.”

138 protesters were arrested in the Newcastle Port as they blocked a coal ship in the world's largest coal port., Picture: Supplied
138 protesters were arrested in the Newcastle Port as they blocked a coal ship in the world's largest coal port., Picture: Supplied

Premier Chris Minns said he expected those who had been arrested to feel the full force of the law.

“NSW Police and the NSW Government have zero tolerance for this kind of behaviour,” he said.

“For a stunt, these people put themselves and police in real danger, and caused chaos for hardworking port workers and seafarers.

A Port Authority spokesperson said due to the significant risk to public safety, authorities were forced to suspend shipping on Sunday.

“The protest activity compromised the safety of the shipping channel and led to an unacceptable potential risk to public safety, the port and the environment,” the spokesperson said.

A protester in Newcastle harbour goes to extreme lengths to make their point. Picture: Roni Bintang/Getty Images)
A protester in Newcastle harbour goes to extreme lengths to make their point. Picture: Roni Bintang/Getty Images)

The event sparked controversy in the lead up as Rising Tide protesters sought legal protection for the 50-hour flotilla blockade of the shipping channel which was fought by NSW Police. After the NSW Supreme Court supported police opposition to the blockade, the Minns government placed an exclusion zone on the port. This would have allowed police to make arrests as soon as protesters entered the water, whereas without the exclusion zone, protesters are only breaking the law if they enter the shipping channel.

NSW Police stop climate protesters who paddle out to the shipping channel during the People's Blockade on November 24, 2024 in Newcastle. Picture: Getty Images
NSW Police stop climate protesters who paddle out to the shipping channel during the People's Blockade on November 24, 2024 in Newcastle. Picture: Getty Images

In a win for the protesters, the Supreme Court overturned the government’s exclusion zone late on Thursday.

Despite rulings from the Supreme Court ruling the protest prohibited, Newcastle mayor Dr Ross Kerridge granted the group a permit to hold a protest on council land near the foreshore, after believing promises from organisers that they would only enter the shipping channel “for the briefest time possible”.

Former Labor federal government minister Peter Garrett performs at the Newcastle foreshore in support of the protesters. Picture: Roni Bintang/Getty Images
Former Labor federal government minister Peter Garrett performs at the Newcastle foreshore in support of the protesters. Picture: Roni Bintang/Getty Images

Despite the mass arrests, Dr Kerridge said he did not regret his decision to grant the permit but was disappointed by the outcome.

“It was a difficult compromise aiming to minimise the risk of civil disorder,” he said.

Police Minister Yasmin Catley said while the police operation to protect public safety was largely successful, it was a major drain on public resources.

“I strongly condemn the reckless behaviour of those who think it is acceptable to waste critical policing resources and endanger officers with self-serving stunts,” she said.

Minerals Council chief executive Stephen Galilee said the protesters were not afraid to deliberately break the law.

“The radical activists always intended to risk public safety, deliberately break the law, and trigger mass arrests,” he said.

“No one should believe any of their promises ever again.”

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Original URL: https://www.dailytelegraph.com.au/news/nsw/complete-numbskulls-magistrates-urged-to-throw-book-at-protesters/news-story/df3c03b83652853ba64280d0fe99c32a