Right to Protest Stifled Cooma magistrate Ross Sterland said yesterday he could understand the anger of five Wilderness Society members charged with having intimidated a logger in Badja State Forest but told them beliefs did not constitute a defence. "Personally, I have a feeling for what they are saying," he said. "The land is being denuded of trees and this affects plants and animals. We should be retaining more trees. But these decisions are not for the court, they are for Parliament," he said. He found all five members guilty of having intimidated NSW Forestry Commission logging contractor Don O'Reilly. "This case, shorn of all its overtones, is about hindering a person from exercising his right to earn a living," Magistrate Sterland said. "The prosecution has proven all the elements required to sustain the intimidation charge...[the case] is not a public meeting to save the trees." Gerard Keenan, 29, Indra Esguerra, 21, Fred Roukema, 20, all of Canberra, Rachal Hurst, 21, of Victoria, and Dana Coleman, 17, of Sydney, were arrested and charged with intimidation on April 20. The logging protests were co-ordinated by the Deua Action Committee and The Wilderness Society from October 1992 to April 1993. The groups claim an old growth forest of high conservation value was being logged by Mr. O'Reilly. Giving his decisions, Magistrate Sterland awarded compensation costs and witness' expenses to Mr. O'Reilly, the NSW Forestry Commission and two truck drivers contracted by Mr. O'Reilly. Defending the five Wilderness Society members, Laura Botto argued that Keenan was confused as to whether the logging was actually lawful, given the Wilderness Society had identified seven endangered species in the logging area and that he felt the Forestry Commission had not prepared adaquate flora and fauna surveys of the Badja State Forest. The Wilderness Society claims evidence of seven endangered species, including the tiger quoll, koala, yellow-bellied glider, squirrel glider, glossy-black cockatoo, powerful owl and sooty owl, has been observed in the vicinity of the logging operation. During his examination, Keenan stressed the logging contravened the National Forest Policy Statement, signed by the Prime Minister and the Premiers, with the exception of the Tasmanian leader, in December 1992. Asked why he chose such drastic action as chaining himself to Mr O'Reilly's machinery, Keenan said, "I did it to convince the public and the politicians that a piece of policy signed by the very high-ranking politicians in this country has not been adhered to." Magistrate Sterland found Keenan guilty of intimidation and imposed a $100 fine. He also instructed him to pay $840 compensation to Mr O'Reilly and $894 compensation to the NSW Forestry Commission. After Keenan's conviction, the four remaining Wilderness Society members pleaded guilty to the intimidation charges. Magistrate Sterland dismissed the case of 17-year-old Dana Coleman and ordered no conviction against Indra Esguerra. Fred Roukema was given a two-year good behaviour bond, a $200 fine and was ordered to provide $1000 compensation to Mr. Hollis, a truck driver who had been contracted by Mr. O'Reilly. Rachel Hurst was also given a two-year good behaviour bond, and ordered to pay $300 compensation and $263 in witness expenses. Justin O'Brien published in The Canberra Times, page 12, 9/7/93 (edited slightly by Indra Esguerra). From: The Wilderness Society (ACT Branch) Inc. Eds Note: While we prefer original articles reporting or evaluating nonviolent action, we can make do. Nothing needs to be said about the bias and purpose of the criminal justice system, but we wonder if the expressed views of this magistrate indicate that cracks are beginning to appear in the monolith?