Andrew ‘Andy’ George and Naomi Crystal Hodgson granted bail after being charged over Rising Tide protest at Port of Newcastle

One was already on two bonds, banned from being near Newcastle Harbour and had 16 similar offences on her record while another had convictions for protests in three states. But two coal protesters still got bail.

NSW Police stop climate protesters who paddle out to the shipping channel during the People's Blockade. Picture: Roni Bintang

Two serial protesters – one with 16 similar offences on her length rap sheet and another with convictions for protests in three states – are “unlikely” to face jail for their alleged part in disrupting the country’s busiest coal port despite their lengthy history of similar protests and a “solid prosecution case”, a court has heard.

Andrew “Andy” George, 35, of North Lismore, and Naomi Crystal Hodgson, 42, of Hamilton, faced Newcastle Local Court on Monday both charged with entering a major facility and disrupting its use and operating a vessel so as to interfere with others.

The pair were part of more than 170 people arrested as part of the Rising Tide protects in the Port of Newcastle and despite assurances from the group to the local council they would not disrupt ship movements in and out of Newcastle Harbour.

Naomi Hodgson joined by supporters and surrounded by media as she walks free on bail from Newcastle Local Court. Picture: John Appleyard

Andrew George (middle) joined by supporters as he walks free on bail from Newcastle Local Court. Picture: John Appleyard

The police prosecutor opposed bail for both George and Hodgson, stating they were part of a large protest and given their previous convictions for similar offences, posed a risk of committing further offences.

He said Mr George had convictions over protests in Victoria, Queensland and NSW while Ms Hodgson had 16 prior unauthorised protest offences on her record and she had breached a previous bail condition as part of her community corrections order that she not commit any further offences and not go within 2km of the Port of Newcastle.

Mr George’s lawyer told the court his client was very “concerned about the environment” and community minded, providing “flood relief” in his home town.

He said Mr George was not entering a plea at this appearance but he “always turns up” to court and would abide by a condition that he not go within 2km of the Port of Newcastle.

NSW Police stop climate protesters who paddled out to the shipping channel during the People's Blockade on November 24, 2024 in Newcastle (Photo by Roni Bintang/Getty Images)

Magistrate Janine Lacy granted Mr George bail on that condition and that he reside in North Lismore.

He will face court again on December 12.

Ms Hodgson’s South Australian solicitor Sharon Holmes said she was appearing “pro bono” for her client, who the court heard was already on two community correction orders for a previous unlawful protest and damaging property.

Ms Holmes said Ms Hodgson was not ready to enter a plea but told the court she would be “hotly contesting these matters” and flagged there might be a “constitutional argument” which would make the court proceedings take longer than normal.

Zack Schofield speaks outside Newcastle Local Court Picture: John Appleyard

“There’s a serious over reach and abuse of power by police here,” Ms Holmes told the court.

“This is likely to go for a long time and it would be inappropriate for this young woman to be kept in custody.”

She said protesters were different than typical offenders and their “civil disobedience” was driven by good intentions.

“By and large they are very highly ethical people,” she said.

However the police prosecutor said Ms Hodgson had 16 prior unauthorised protest offences on her record and she had breached a previous bail condition as part of her CCOs that she not commit any further offences and not go within 2km of the Port of Newcastle.

He said it was a water tight prosecution case in that she was picked up in a boat on the harbour and her actions prevented a tug boat from leaving the port.

Ms Lacy said despite a “solid prosecution case” neither defendant would likely face a custodial sentence even if they were convicted.

She found the breach of Ms Hodgson’s previous bail was established but again granted Ms Hodgson bail to reappear on January 13.

Conditions of her bail include that she not go within 2km of the Port of Newcastle and report daily to police.

Community Organiser from Rising Tide, Zack Schofield speaks outside Newcastle Local Court. Picture: John Appleyard

Rising Tide community organiser Zack Schofield held a press conference outside Newcastle Courthouse, where he defended the actions of protesters.

“I believe many people came to the protest and left feeling more empowered, more inspired and filled with love for their community,” Mr Schofield said.

He later added: “People take these measures because they feel as though they have no other choice, and they are willing to accept the consequences of their actions, unlike many of our politicians.”

Hodgson, who was identified on the Federal Government’s charity database as the treasurer of Rising Tide, is a long-term protester who has travelled across the country supporting climate change activism.

Her social media posts include her at protests in Canberra in 2018 and outside the Prime Minister’s Sydney residence at Kirribilli following the devastating northern rivers floods in 2022.

She also proudly boasts of spending five months protesting at the James Price Point blockade in the Kimberley’s, in northern Western Australia.

On the Rising Tide website asking for pledges and messages, Hodgson wrote: My friends’ homes have been lost in floods and fires and I watch in horror as the same occurs around the world, more and more frequently and with more intensity. We’re heading for climate breakdown and Newcastle coal experts are Australia’s single biggest contribution to the global crisis. We must unite against our (sic) this, because we still have the chance to create a beautiful, safe and more equitable future but time is quickly running out”.

George has previously been linked to halting logging operations in the Doubleduke State Forest in 2023, suspending himself from a tree.

He also ran onto the pitch during an NRL game between the Sharks and Tigers, lighting a flare to raise awareness for people who lost homes in the black summer bushfires.

George was previously linked to Extinction Rebellion activities in Canberra, including spraying red paint inside the Department of Agriculture, Water and Environment. He also claimed to be Clive Palmer at a protest during the Covid lockdown and refused to give police his real name and address.

‘CONTEMPT’ FOR SYSTEM: MINNS

It came as Premier Chris Minns has accused anti-coal protesters of showing “contempt” for the legal system but ruled out imposing mandatory minimum sentences to deter future protests.

The Rising Tide group boasted on social media about breaking the law on Sunday, when protesters forced a coal ship to turn around.

Mr Minns said the actions of protesters were “doing damage” to the group’s ultimate goal.

“The end of coal exports from Newcastle in a very short space of time … will destroy the Newcastle economy, (and) would lead to massive unemployment in the Hunter,” he said.

Mr Minns ruled out minimum sentences for protesters, before claiming – without evidence – that tougher maximum penalties for people who block railway lines could stop protesters blockading coal ships.

It comes after polling in Newcastle found the majority of residents agreed that activists who disrupt or damage coal shipments should be punished with jail or at least a criminal conviction.

Social media images from Rising Tides Facebook page.

The survey of 400 Newcastle residents in August was commissioned by recently formed coal advocacy body Coal Australia.

It found 59 per cent of respondents believed activists should get a conviction compared to 39 per cent who said they shouldn’t and five per cent said they were unsure.

Similarly 57 per cent said activists who damage or disrupt coal shipments should get jail compared to 38 per cent who said no.

Coal Australia spokesman said jail time was supported by both Labor and Liberal voters but, unsurprisingly, not supported by 82 per cent of Greens voters.

“The people of Newcastle value the rule of law and peaceful lawful protest,” a Coal Australia spokesman said.

“Coal Australia research shows that the public don’t want activists to hold their livelihoods to ransom and want punishments proportionate to the disruption to society.”