Hazel fights on
Newtown resident Hazel Blunden lost her battle against a conviction for trespass on rail tracks at Newcastle Coal Terminal when the District Court rejected her appeal on February 17. Blunden was part of the Newcastle Climate Camp in July 2008, when 1000 people delayed the export of 20,000 tonnes of coal.
Climate camps have since been held in Europe, the US and other parts of Australia, with Newcastle becoming a particular focus for being the world’s largest coal export complex.
Participants at the Newcastle Climate Camp complained of police heavy-handedness against the drummers, hip-hop artists and others involved, with many riot police not wearing identification.
Controversial “Cronulla riot” laws were used at a political protest for the first time, with some demonstrators present charged with offences relating to hanging banners or ‘locking on’ to stationary coal trains.
Blunden was one of six activists who appealed her conviction. She told the Hub: “Our argument was based on a ‘necessity’ defence. However, the judge did not agree with the argument that the severe risk posed by the burning of coal to the health of the planet, humans and other species was a good enough reason for breaking the law.”
One of the defence barristers, David Shoebridge, said that the defence of ‘necessity’ was well known in Australian law. Shoebridge, who appeared pro bono and is the lead Greens candidate for the NSW upper house ticket, told the Hub that “the law can excuse otherwise unlawful actions if they are reasonable, proportionate and performed to avert a greater and imminent danger to life or property”.
“The court did find that we all genuinely believed that we had a good reason to break the law. However given that mining, exporting and burning coal is currently legal, the courts found that these legal activities deserved protection from disruption,” Blunden said.
In the court’s opinion, allowing the appeal would allow ‘anarchy.’
Although losing the appeal against conviction, the Newcastle six had their fines reduced from $1,500 to $400 each.
The lost 18-month legal defence against their convictions does not mean that the battle is over. “We’re now considering our options,” said Blunden.
“Obviously we could keep appealing but the higher you go the more expenses you face. We are fortunate to have some pro bono lawyers assisting us. If we simply refuse to pay the fine, it’s not as simple as going to gaol. In fact, they don’t lock you up anymore – instead they take away your driver’s licence and other annoying things.
“What we are trying to do is challenge the way the law thinks about harm. Climate change is no less dangerous than a car crash. If you explain you did something to avoid a car crash if your car was out of control, for instance, you can be found not guilty. But most people don’t realise that climate change is like a car crash waiting to happen. If a court agreed with us and did find any climate protestor not guilty, you can just imagine that would set a precedent and be a huge challenge for the government and coal lobby.”
Although the lost appeal against conviction is a setback, Blunden is defiant, and said she feels that history is on her side.
“We will do the same as before,” she said. “ Keep on going along with the other millions of people in the world who want to face up to reality and survive as a species into the future. Would I do direct action again? Yes, of course, as would my other co-defendants. It’s our duty.”
The Newcastle six are: Hazel Blunden, Emma Brindal, Edward Cranswick, Chris Doran, Ashwyn Falkingham and Kristy Walters. For more information on a Climate Change Summit in Canberra from March 13 to15, go to http://www.climatesummit.org.au/
– By Dale Mills
