Anti-coal protestor Micah Weekes had ‘no other option’ than to stop 13,000 tonne freight train

It was a day in September where former coal miner, turned anti-coal activist Micah Weekes jumped on top of a coal train in protest over the dangers of the coal industry

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An anti-coal protester from the Hunter felt he had “no other option” than to stop a coal train to send a big message about the dangers of the industry, a court has heard.

Former coal miner, Micah Weekes, 40, gave evidence in Newcastle Local Court on Tuesday about the day he climbed on top of a coal train at Sandgate bridge in September last year.

It was in protest about the negative health impacts associated with coal mining.

Mr Weekes live streamed the whole event on Facebook urging the community to be aware of the damaging industry and to consider a transition away from coal into renewable energy.

Micah Weekes on top of a coal train in September 2018. Picture: Facebook

“NSW health has already put a report out about the danger of the mines, on the dangers of coal dust, particularly respiratory illness, cardiovascular disease and cancer,” Mr Weekes said in the video.

“You don’t have to work in this industry to get sick. My kids are going to get sick. People in my community have recurring illness.”

In the middle of his protest he was also confronted by the angry driver, who gave him a spray.

“Get down off my f**king loco,” screamed the furious diver.

He told him he was appearing on a live broadcast to which the driver replied, “I don’t give a f**k where I am. Get the f**k off my train.”

He continued with angry words about a protestor who earlier stood in front of the moving train.

“I could have run [him] over. That c**t stood in front of 13,000 tonnes of coal train. Where’s his f**king brains?”

This all happened before Mr Weekes was eventually arrested after police rescue had to retrieve him in a cherry picker from the top of the train.

He was charged with enter inclosed lands without lawful excuse, cause/attempt to cause train in motion to be stopped, and cause obstruction to railway locomotive or rolling stock.

The angry train driver yelling at Mr Weekes to get off his train. Facebook video.

Mr Weekes’ lawyer Rose Khalilizadeh told the court her client had a lawful excuse for this type of protest.

“Something can be reasonable and not necessarily legal,” she said.

The prosecution disagreed.

“He can hold an opinion and voice it with freedom in NSW and Australia, but cannot contravene public safety in respects to the protest,” Rebecca Witherspoon said.

On the stand, Mr Weekes, who had previously worked in the coal industry for 10 years, said he couldn’t continue to work in the industry knowing the damage to health of the community.

“The word wasn’t getting through to government departments, we tried everything and this was the only option we had left,” he said.

“The purpose was to try and make the general community aware and just how bad it is.

“As far as I was concerned I had a right to legally protest.”

Mr Weekes said he had “no other option” than to stop a coal train. Frontline action on coal.

The prosecution questioned Mr Weekes on why it took him about four years to leave the industry after he found it to be detrimental to his health and others, referring to issues with respiratory devices raised by him in 2013.

“I had my own respiratory masks that I used and made everyone well aware,” he said.

“I have family and it is not that easy to find another job.”

In sentencing Mr Weekes, Magistrate Andrew Eckhold told the court he felt he was very articulate communicator and was somebody who was prepared to take steps for his cause but had difficulty seeing it as a lawful protest.

“This is a whole different beast,” Magistrate Eckhold said.

“I don’t think it could be seen as objectively reasonable and I don’t think it was lawful.

“Trains are vulnerable, they are on fixed lines and it’s necessary to keep people away from them for that reason.”

Mr Weekes was found guilty on two counts and the charge of enter inclosed lands without lawful excuse was dismissed.

He was given a two year conditional release order and a fine of $800.