David Shoebridge cleared over role in Kirribilli House protest
Greens politician David Shoebridge has slammed what he called ‘a gross waste of resources’ after he was cleared of disobeying police orders at a protest at the Prime Minister’s home. He also called on police to learn lessons from the failed prosecution.
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Greens politician David Shoebridge has been cleared of a charge of disobeying a police direction to “move-on” at a climate change protest outside Kirribilli House last year.
The Greens MLC told police he would comply with the police‘s “move-on” order, the court found, moments before he was arrested on December 19, 2019.
The climate rally was held amid the unprecedented bushfire crisis and the court was shown a video of protesters demanding Prime Minister Scott Morrison return home from his Hawaiian holiday.
“I’m not satisfied that he did in fact refuse to comply (with police directions),” Magistrate Erin Kennedy said in dismissing his charge.
Video footage shown in court depicted a police officer issuing the order and asking Mr Shoebridge: “Are you complying?”.
“I am complying,” he replied, before he was pulled away by police.
Mr Shoebridge criticised the police outside court, saying “I can only hope the police learn from this”.
He added that is was “a gross waste of resources on the day to send the riot squad in to break up some school kids.
“Thousands of dollars of taxpayer money spent on prosecuting a MP and some climate activists.”
Mr Shoebridge had pleaded not guilty to disobeying the police direction.
The police case was laid out in the hearing at the Downing Centre Local Court on Friday.
Body-worn footage tendered to the court showed police explaining to protest organisers and Mr Shoebridge that their legal permission for the protest had expired at 11.30am and they would soon ask all protesters to “move on”.
But Mr Shoebridge pleaded with police officers not to issue the directive.
“I’m trying to stop you giving a move-on direction,” he told police in a private conversation, calling it an “utterly peaceful protest”.
“(You will) escalate a peaceful, nonviolent … protest” he told police, saying that there were many children in the crowd.
“You, the police, will be creating the violence by doing this … It’s on you if you do this. It’s a bad idea,” he said.
A short time later Mr Shoebridge addressed the crowd on a loudspeaker.
Police alleged in court that the politician “revved up” the crowd right after he was told by police a “move-on” order would be issued.
The prosecution told the court Mr Shoebridge knew the police officer was about to issue the move-on order over megaphone and waved his hands in an upwards motion signalling for the crowd to make noise to drown out the police officer.
As such, the other protesters did not hear the move-on order.
Mr Shoebridge’s lawyer called him “an agitator” in court but said “people are entitled to be agitators” as long as it was done so lawfully.
Mr Shoebridge was not charged in relation to this first move-on order, which was given at 12.53pm.
After 1pm, Mr Shoebridge was asked to “move-on” personally.
A riot squad police officer gave the order, which was captured on body-worn footage and shown in court, and he was told if he “failed to comply, he may be arrested”.
“I get it,” Mr Shoebridge replied.
“Are you complying?” the police officer asked Mr Shoebridge.
He paused briefly, the time of which was disagreed upon by the parties, and stared directly at the officer.
The prosecution argued he delayed 10 seconds before replying to the police officer and saying: “Yeah … just like that ten year old girl.”
He was referring to a young girl who had complied with a move-on direction.
“I am complying,” he said, and he was arrested.
“He had more than a reasonable time to comply,“ the police prosecutor argued.
Mr Shoebridge‘s defence claimed police powers had not been “authorised lawfully” and he had been “arbitrarily arrested and detained” and the arrest was unlawful.
Roy Edmond Antaw, Lucian Cadimir Weyland, Nick Kieran McCallum, Felicity Kitson and Fiona Michele Lee also faced a hearing alongside Mr Shoebridge on Friday for disobeying a “move-on” order at the climate protest.
Antaw, Lee and Kitson were all found to have persisted with the protest despite the police direction and were convicted and fined $150.
The charges against Weyland and McCallum were dismissed.