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The Canberra Times
The Canberra Times
Hannah Neale

'Activists of conscience' guilty of illegal oil lobby building protest

Five grandparents' claims that civil disobedience via an illegal protest was the only reasonable way to deal with a climate emergency have been quashed.

On Tuesday, Anna Molan, John Max Wurcker, Nicholas Orde Jamison Abel, Katherine Kelly, and Catherine Anne Adams were found guilty of one count each of unreasonable obstruction.

Nicholas Abel, John Wurcker, Katherine Kelly and Anna Molan outside court on a previous occasion. Picture by Karleen Minney

While Kelly received a non-conviction and the charge against her was dismissed, the other activists were convicted and fined $500 each.

They were arrested on February 27, 2023, at an Extinction Rebellion protest.

The protesters had blocked two entrances to the Australian Petroleum Production and Exploration Association building on Marcus Clarke Street, and refused to leave.

Orange webbing was put up between the pillars of the building, stickers with the words "building condemned" were put across the front entrance doors, and a banner stating "fossil fuels cost the earth" was erected.

There were also objects blocking the entrance doors, including an inflatable dinghy.

Catherine Adams is escorted by police after her arrest in February 2023. Picture supplied

Three of the protesters super glued their hands to the building with police officers needing to use acetone to free them.

In the ACT Magistrates Court on Tuesday, magistrate Ian Temby said the protesters "are all deeply concerned about the impact of climate change and sought to bring attention to the urgency of the situation".

"Through their protest they sought to draw attention and sympathy to the cause of climate change, with a view to building public support for a movement that would be able to have an impact on the political process," he stated.

Lawyer Bernard Collaery had previously argued the protesters believed their actions were the only reasonable way to deal with a sudden or extraordinary emergency, meaning they could not be held criminally responsible.

Anna Molan and Nicholas Abel at the protest with police. Picture supplied

However, on Tuesday, Mr Temby found there were "reasonable legal alternatives" open to the activists.

"[Their] view that civil disobedience was likely to be more effective at raising the public profile of their cause demonstrates that their decision to disobey the law was a voluntary one, not one impelled by the dictates of necessity," the magistrate said.

Mr Collaery argued the five grandparents should receive a non-conviction and the charges be dismissed.

"Each of the defendants can be described as activists of conscience," he said.

"All of them have spent a lifetime contributing to noble and proper causes."

Commonwealth prosecutor Luke Fomiatti opposed this, saying it was a "preplanned, political protest".

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