A POLICE raid on the Hunter Community Environment Centre is being challenged in the Supreme Court as unlawful and invalid.
Police from Strike Force Tuohy swooped on the Parry Street, Hamilton North address on a Friday afternoon in November, 2021, following anti-coal protests by Blockade Australia,
At the time, activists said the protests were not conducted by the HCEC, but by other separate groups within the climate movement.
Newcastle City Police formed Strike Force Tuohy to prevent and disrupt illegal protests.
Blocked
Blockade Australia had led a number of protests during which activists blocked railway tracks near the Port of Newcastle, and later entered the port and stopped machinery from operating.
In Sydney the environmental protest group brought freight operations at Port Botany to a halt for three days in a row.
Then Shadow Minister for Climate Change Pat Conroy condemned the protest actions calling it "eco terrorism".
"This is a rolling blockade to distort and destroy a perfectly legal activity: coal mining that delivers billions of dollars of revenue and income to workers and families in our region," Mr Conroy said.
"This is not the way to campaign on climate action because you're dividing our community. Other groups that are equally passionate about climate action are doing it the right way."
The case
Documents tendered in court reveal there are nine plaintiffs, the first being the Hunter community Environment Centre Incorporated, plus eight individuals, against two named police officers and a Newcastle court officer.
The plaintiffs are seeking to have the search warrant deemed invalid, challenging the process, the grounds, and the execution of it.
Police did not have reasonable grounds to believe there was anything on the premises connected to an offence, the plaintiffs say.
They say police claims that there were individuals among them with strong links to blockade Australia activities, or that the Parry Street address was used as a central hub to accommodate and coordinate the unlawful activities of the blockade Australia Group in Newcastle, were false.
Nor was it used for planning, preparation and storage of items used by protestors to disrupt critical infrastructure.
Opposed
The orders sought - to have the search warrant deemed invalid - were opposed by the defendants who said the officer(s) believed on reasonable grounds that there was, or would be within 72 hours, a thing or things connected with a searchable offence on the premises.
Judgement in the matter, which went to a hearing in Sydney before Justice Peter Hamill, has been reserved.
