ONE of 50 climate protesters charged after a coal train was stopped in its tracks at Sandgate on Sunday has been granted bail and banned from every Australian Rail Track Corporation (ARTC) operated rail corridor in the state.
Shaun Murray, 47, appeared in Newcastle Local Court on Monday wearing a 'climate defender' t-shirt, charged with destroying or damaging property; assisting in the obstruction of a rail locomotive and entering enclosed non-agricultural lands and interfering with business.
Police claim Murray was one of multiple protesters with climate action group Rising Tide who entered the rail corridor and climbed onto a coal wagon at the Hunter River crossing shortly after 10am.
Police prosecutor Josh McIlveen opposed bail, arguing Murray posed a risk not only to the community but to the ARTC in operating its business.
"The risk to the community takes into account the police resources used to get involved with this and make sure everyone's safety is adhered to, find those responsible and take action accordingly," he said.
"This has caused a large-scale police operation to remove all members of the group and delays to ARTC operations.
"Given his record in relation to trespass-type offences there is a concern the defendant won't comply with bail conditions."
The action drew police from the Public Order and Riot Squad, Police Rescue, Mounted Police and Marine Command units to the scene within minutes.
Meanwhile the coal line to Kooragang Island was halted for at least three hours.
The court heard Murray was on bail for an unrelated matter at the time of the alleged offence.
It is alleged he helped cut a fence to allow members of the Rising Tide group onto the rail corridor, before an unknown man stood in front of the coal train bringing it to a stop.
Murray's defence lawyer Jordan Moussa told the court there was no suggestion that the alleged incident was anything other than a 'peaceful protest'.
"Mr Murray is not responsible for other people being involved in a shared collective peaceful protest, as is their right," he said.
"Your Honour would have to look at the objective seriousness, one of the matters is a fine only and another relates to a small fence cut into by the co-accused, not Mr Murray, and an unknown male who stops the train.
"Mr Murray and several others get on the train, hang a banner and then comply with police directions thereafter."
He argued that if bail wasn't granted his client would remain in custody for a long time.
Magistrate Ian Cheetham granted Murray's release on the condition he report to Waratah police station twice-weekly, not contact one of his co-accused and not enter any rail corridor operated by ARTC in the state.
He said Murray must also be of good behaviour while on bail.
Murray's matter will return to court in May.
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