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Newcastle Herald
Newcastle Herald
National

'Money where mouth is': protesters tell why they formed illegal port blockade

Rising Tide volunteer organiser Zack Schofield outside Newcastle courthouse. Picture by Simon McCarthy
Protesters wait outside Newcastle court house before their hearing (99 in total, though not all were there in person). Picture by Simon McCarthy
Bryce Ham outside Newcastle courthouse. Picture by Simon McCarthy
Journalist Paul Gregoire (right) represented by James Clements. Picture by Simon McCarthy
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
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Picture by Jonathan Carroll
Picture by Jonathan Carroll
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Picture by Jonathan Carroll
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Picture by Jonathan Carroll
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Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll
Picture by Jonathan Carroll

"Despair" over climate change and a sense of obligation to future generations was the motivation behind an illegal blockade of Newcastle port at the end of a weekend of authorised protest action in the harbour late last year, a court has heard.

More than 90 people had their matters mentioned in Newcastle Local Court on Thursday after they were charged with "operate vessel so as to interfere with others' use of waters".

The fine-only offence carries a maximum penalty of $5500.

More than 15 people escaped conviction, while a handful of others were convicted but not fined because of time they spent in custody after their arrest. At least five protesters were fined $300 because they had a prior record.

The list was too long for all to appear on Thursday so more than half the matters were adjourned to January 25.

Police arrested 109 people on November 26 after a protest organised by climate advocacy group Rising Tide went beyond the 4pm finish time specified in the group's permit.

The court heard on Thursday protesters remained in the water on canoes and kayaks when police warned them at about 4.40pm they would be arrested - officers began detaining people at 5pm.

Magistrate Stephen Olischlager said the blockade delayed the departure of a ship, which was due to leave the harbour at 5.15pm.

He said all who appeared before him on Thursday were of good character and in many cases valuable members of the community, with no prior record, who "acted out of a genuine desire to bring about positive change".

But he also said that was the case with a lot of people who were charged over illegal protest activity.

"We are fortunate that we do live in a country that permits protest," he said.

"Clearly the right to protest is a fundamental human right ... but that right is not absolute [it is bound by law].

"It does have an impact on the community in terms of tying up resources of emergency services."

Many of those who appeared in court were self-represented.

The court heard that participants had travelled to the Newcastle protest from Queensland, South Australia, Canberra, and Sydney.

Those who appeared before the magistrate came from a range of backgrounds and included engineers, retired teachers and professionally trained environmental experts - many of whom said they felt "despair" about a lack of action against climate change and an "obligation" to do something to raise awareness.

For many, it was their first time in court.

Paul Gregoire, a Sydney journalist who was covering the protest, became "caught up in the moment" and took to the water in a kayak as the authorised blockade was ending.

"I'm sorry to have wasted the court's time but ... it's an important cause," he said.

"The climate crisis is escalating and I just thought it was time to put my money where my mouth was and show solidarity with the activists that I often speak to."

He told reporters outside Newcastle courthouse he would likely stick to reporting, rather than activism, in future.

John Wishart, aged in his 70s, became emotional as he told the court of the concern he had for his children and grandchildren's future.

"I feel it's a moral obligation on my part to do what I can to prevent a catastrophe," he said.

Bryce Ham, who said he was running for Lake Macquarie council for the Greens later this year, said he received "the best possible result" - the charge against him was dismissed with no good behaviour bond.

"It's a great sign that peaceful protesting in Australia is still strongly respected by the courts," he said.

Rising Tide volunteer organiser Zach Schofield said the group's day in court was "an excellent moment for us".

"It shows that the power of community organising, the power of civil resistance, is a really significant factor in how this movement gets to build," he said.

"And the fact that everyone here is feeling good about their outcome is really pleasing to hear."

Two men - 65-year-old John Max Wurcker and 23-year-old Isaac Leonard - were each convicted and fined in Newcastle Local Court on November 27.

Five juveniles have been dealt with under the Young Offenders Act, which diverts minors from the criminal justice system.

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