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Nine Save Lee Point face court for allegedly trespassing at active Defence Housing Australia development

A Save Lee Point protesters used a ‘sleeping dragon’ device to shackle himself in the path of bulldozers — twice — was among the nine people to face court over trespass charges.

Binybara Camp protesters Victor John Segar Bastard, back left, Adam Smart, Gayle Laidlaw and Julie Fraser, with Billiee Mc Ginley, front left, Daisy Kennington Kathryn Moir, and Alice Nagy outside Darwin Local Court over Lee Point trespass charges.
Binybara Camp protesters Victor John Segar Bastard, back left, Adam Smart, Gayle Laidlaw and Julie Fraser, with Billiee Mc Ginley, front left, Daisy Kennington Kathryn Moir, and Alice Nagy outside Darwin Local Court over Lee Point trespass charges.

Protesters who blocked bulldozers for hours in a bid to stop a 800-home development at Lee Point have faced a total of $1050 in fines.

Scientists, climate campaigners, art teachers and hospital charity entertainers were among the Binybara Camp protesters arrested and charged with trespass during heated clashes over three days in early May. 

On Tuesday, the first batch of nine Save Lee Point protesters charged with trespassing after being directed to leave appeared before Darwin Judge John Neill at Darwin Local Court.

Defence lawyer Matthew Hubber said his five clients — Kathryn Jayne Moir, Alice Nagy, Daisy Kate Kennington, Adam Steven Smart, and Victor John Segar Bastard — were part of a “very peaceful, orderly and respectful protest”.

Around 40 Binybara Camp members attempted to block further land clearing at Lee Point on Wednesday, May 1. Picture: Zizi Averill
Around 40 Binybara Camp members attempted to block further land clearing at Lee Point on Wednesday, May 1. Picture: Zizi Averill

Mr Hubber told the court the five were sitting in a circle singing together in an attempt to block bulldozers from clearing scrubland marked for an 800-home development by Defence Housing Australia.

He said they were motivated to protect the area of national and international interest, protecting bird habitats, old-growth trees, and recreation areas for fishing, biking and bush walking.

“It’s a wildlife corridor — or it was,” he said.

Robert Harris, 76, and Mary Ann Noble, 76, pleaded guilty to trespassing at Lee Point in early May.
Robert Harris, 76, and Mary Ann Noble, 76, pleaded guilty to trespassing at Lee Point in early May.

Mr Hubber also highlighted Defence Housing Australia had paused works at Lee Point following allegations of illegal land clearing.

At 76 years old, Robert Harris and Mary Ann Noble also pleaded guilty to trespassing.

Nobel told Judge Neill they were both avid bird watchers and were drawn to “wild, wonderful places”.

Mr Neill said he accepted all seven pleading guilty on Tuesday acted on a “sense of commitment and honest belief”.

Binybara Camp protesters were removed from the Lee Point development site as land clearing begins on Tuesday, April 30. Picture: Zizi Averill
Binybara Camp protesters were removed from the Lee Point development site as land clearing begins on Tuesday, April 30. Picture: Zizi Averill

No convictions were recorded, with no penalties and only a victims levy of $150 imposed each — a total of $1050.

Four other protesters signalled they would contest the trespass charges.

Justin Barry Tutty, who was accused of locking himself onto ‘sleeping dragon’ devices on two-consecutive days, initially said he wished to “eradicate” the charges by pleading guilty, but then said the alleged facts were incorrect.

Justin Barry Tutty, 52, was charged with trespass for allegedly locking himself onto a ‘sleeping dragon’ devices at Lee Point on two-consecutive days.
Justin Barry Tutty, 52, was charged with trespass for allegedly locking himself onto a ‘sleeping dragon’ devices at Lee Point on two-consecutive days.

The 52-year-old allegedly chained his hand to a metal pipe within a concrete barrel buried underground.

Following a failed negotiation with police and private security guards, it took eight fireys hours to dig out the restraint and angle grind and chisel their way through the concrete before cutting the pipe.

The court heard Tutty was then arrested, but after 10 hours in the sun without food or water was taken to hospital.

The next day, he allegedly did it all over again.

His matter was adjourned to July 15 for a directions hearing.

Geo-spatial scientist Billiee Jane Mc Ginley also contested her charge, saying as she was leaving voluntarily she was charged with trespass after directions to leave — despite not being given a warning.

Binybara Camp protesters were removed from the Lee Point development site as land clearing begins on Tuesday, April 30. Picture: Zizi Averill
Binybara Camp protesters were removed from the Lee Point development site as land clearing begins on Tuesday, April 30. Picture: Zizi Averill

Prosecutor Lajita Allan-Agnew told the court the charge would be amended by Mc Ginley’s next hearing on June 5.

Alleged trespasses Julie Elise Fraser and Gayle Laidlaw asked for their hearings to be adjourned to July 22.

Laidlaw, who teaches art classes near Lee Point, also faced an additional two trespass-related charges of entering and remaining without authority.

Originally published as Nine Save Lee Point face court for allegedly trespassing at active Defence Housing Australia development

Original URL: https://www.heraldsun.com.au/news/nine-save-lee-point-face-court-for-allegedly-trespassing-at-active-defence-housing-australia-development/news-story/aace310b0c9e6646d3701500a9bcc2fe