Anti-protest laws levelled against Bev Smiles, Bruce Hughes and Stephanie Luke for blocking the entrance to Wilpinjong mine, were dismissed in Mudgee Local Court today.
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The trio each received 12-month good behaviour bonds – with no criminal conviction recorded – for the traffic charge of obstructing drivers’ path.
But it was the charges of ‘Destroy/damage equipment/road etc belonging to etc mine’ and ‘Hinder working of mining equipment’ that were significant as they were the first people charged with the laws introduced in NSW months prior to their arrest.
The maximum penalty was seven years imprisonment.
In his judgement, Magistrate David Day found that “there’s no evidence that the road was rendered useless, it was obstructed and easily cleared”.
And that phrasing of “belonging to” needed to establish “ownership” of the road and equipment, which he didn’t believe was done.
Smiles, Hughes and Luke had earlier entered pleas of guilty to the traffic charge and due to their respective ages and lack of criminal history no convictions were recorded.
Their representative Phillip Boulten SC told the court, “if an infringement was issued on the spot, we wouldn’t be here”.
More to come
