Legal experts call for 129 anti-protest charges to be dropped after four protestors found not guilty from Newcastle coal port blockade
22 Oct 2025
Legal experts are calling on NSW Police to drop 129 charges under the NSW ‘anti protest laws’, after Newcastle local court found four protestors not guilty of charges laid at the 2024 People’s Blockade of the World's Largest Coal Port in Newcastle.
Noah Bruce-Allen, Roisin McSweeney, Andrew George and Joanna Gardner were charged under Section 214A of the Crimes Act “serious disruption or obstruction of a major facility,” which carries a maximum penalty of 2 years in prison.
Magistrate Brennan found the protestors not guilty because of a lack of reliable evidence as to whether the protestors had entered the coal port shipping channel at the time of their arrest, and therefore the anti-protest law charges against the four protesters could not be made out and were dismissed.
At the 2024 coal port protest 133 people were charged under the “anti-protest law” introduced by the NSW government in 2022, designed to combat climate activists. Yesterday’s not guilty verdict could set a critical precedent for the other 129 people charged under 214a who have all pleaded not-guilty and are scheduled for a mention on November 20th or 21st.
The defence team will be making an application for costs which will go before the court in February.
Noah, Roisin, Andrew and Joanna have all pleaded guilty to fine-only offences under the Marine Safety Act and will be sentenced for those charges at a later date.
Dr Josh Pallas, Legal Director of Climate Defenders Australia, who is representing 50 others who were charged with s 214A following last year’s blockade said:
“Yesterday’s decision was decisive and clear – the Police’s case was dismissed before the court even got to closing submissions.”
“We represent 50 arrestees from the 2024 Blockade with the same charges and similar facts as the cases that the court dismissed yesterday. Following the court’s decision, we call on the Police to promptly withdraw all s 214A charges against the Rising Tide Arrestees.”
“The police have spent enough time, money and resources on these charges. The Police as prosecutors must act in the public interest, and the public interest – and the interests of justice – can only be served if these charges are withdrawn.”
Zack Schofield, Rising Tide spokesperson said: “It’s appropriate that the magistrate found that Rising Tide members who engaged in peaceful, symbolic protest were not guilty of NSW’s draconian anti-protest laws. These laws were designed to silence political dissent and protest, but Chris Minns needs to learn that you cannot arrest your way out of a climate crisis.
“Premier Minns can expect to see increasing numbers of people continue to protest until our government starts seriously funding the transition away from coal and acting with the urgency commensurate to this crisis.
“This November, thousands of people will again take to the harbour at the world’s largest coal port to fight for the Hunter and the transition plan that our community deserves. We’re calling on the Port of Newcastle to stop coal ship movements for the duration of the blockade weekend because they do not have the social licence to continue business-as-usual whilst there is no real plan for a fair transition away from coal.”
MEDIA CONTACT: Alexa Stuart 0423 361 030
Background: The 2024 People’s Blockade was the largest single act of civil disobedience for climate action in Australia’s history. The 10 day event saw an estimated 7000 people attend and resulted in 173 people arrested in Newcastle and a further 22 arrested in Canberra in the days following.
Yesterday’s court verdict comes just days after the NSW Supreme Court found in favour of the Palestine Action Group, who had challenged the NSW anti protest laws on the basis they were unconstitutional.