UNSW student activist freed from “inappropriate” bail conditions imposed by NSW Police

By CHRISTINE LAI

UNSW student activist Cherish Kuehlmann was freed from her bail conditions at the Downing Centre Local Court on Wednesday, with the Magistrate deeming the charge “inappropriate”.

The UNSW Education Officer was arrested last month, at midnight, for holding a snap protest on the housing crisis outside the Reserve Bank.

Kuehlmann was charged with a single count of trespass, “Aggravated Unlawful Entry on Inclosed Land”, which included facing imprisonment for maximum 12 months, and/or a fine of $13 200.

She was granted strict conditional bail which stated that she must reside at a designated address in Eastlakes and not go within 2km of Sydney Town Hall except in cases of “legal or medical appointments”.

Her lawyer argued for the removal of the strict bail conditions which was successfully granted by magistrate Clare Farnan who told the court that she “didn’t understand” why the police had imposed bail considering Kuehlmann was charged with an offence with a maximum penalty of $5500 and had no previous convictions.

As reported by The Guardian, magistrate Farnan confirmed Kuehlmann’s democratic right to protest, stating, “What she chooses to do surely is up to her. The police want me to maintain bail conditions of a 2km city radius so she can’t attend protests … that’s essentially your submission.”

Solidarity protest demands court to “Free Cherish”

Activists gathered outside the Downing Centre prior to Kuehlmann’s court hearing on Wednesday morning, with demands to “Free Cherish”.

The event was hosted by the ‘Democracy is Essential – Restore the right to protest in NSW campaign’, where speakers protested the charges and condemned the police for “clearly imposing intimidation tactics onto student activists”.

Kuehlmann denounced the housing crisis and the market in which “housing is a commodity, something that you can use to accumulate wealth in society, rather than something which is already essential to survive”.

“It is an attack on democracy that the Perrottet government and the Labor government have passed anti-protest laws in NSW, that they’re locking up climate protesters in solitary confinement and sending them to prison for simply trying to draw attention to the fact that our planet is on fire”, Kuehlmann said.

Greens Member for Newtown Jenny Leong offered support to Kuehlmann and denounced the “police crackdown” on student activists and protesters.

“We know that when they crack down on people, they do it in such a cowardly and dangerous way. They go in the dark at night to a young woman’s house and arrest her at midnight. That is a disgrace.

This is not some third-rate despot regime that is attempting to undermine it, this is the NSW Police attempting to undermine it in 2023”, Leong said.

Leong raised the recent passing of the anti-protest laws which saw climate activist Violet Coco sentenced to 15 months in prison (with a non-parole period of eight months), for blocking a lane of traffic on the Sydney Harbour Bridge, condemning the increased powers given to the NSW Police.

“These laws have given the NSW Police the ability to know that they can act without any accountability. That they can go as hard as they want because there is a unity ticket with the Liberal national party and the Labor party when it comes to giving police the ultimate power to crack down on protesters and that is shameful”, she added.

Bail conditions argued to prevent Kuehlmann from fulfilling duties with the student union.

Kuehlmann’s lawyer Sidnie Sarang asked for the removal of the bail condition which restricted her from executing her role as Education Officer with UNSW.

Sarang told the court that job with the student union was dependent on liaising with “different stakeholders” and organising events like  “protests, rallies” that served the interests of students.

Kuehlmann was planned to chair a housing crisis speak out last Friday but was unable to attend due to her bail conditions.

“The purpose of bail conditions isn’t to prevent one from attending a protest, it’s to prevent a bail concern. This is the first time she’s been charged”, Sarang  said.

Kuehlmann is set to appear at her sentencing hearing on 25 October. She is set to plead not guilty.