I’m in court this morning because the police are trying to charge me and other protesters over the November 2019 climate protest at Kirribilli. We will never stop standing up for the planet 🌏💪 Watch from 9am at facebook.com/DavidShoebridg… #nswpol 
The police are telling me we need to stand on the footpath this morning and not the stairs - this is going to be a long day 😅
We’re hoping to live tweet this for you but court security still haven’t let in staff or witnesses yet - stand by
We’re starting shortly - we have raised already that we believe it’s a matter of principle and the fundamental right to protest. We won’t let this important fact get buried in technicalities.
The maximum penalty for this claimed offence is $220 but we also risk a criminal record.
Police have withdrawn charges against one of the protesters - a good start. Still 6 of us facing charges today.
The police are tendering statements and the bodycam video in relation to the arrests which we will view shortly but I can’t share here
We will be arguing that the move on order wasn’t lawfully given, and even if it was, that no offence was actually committed.
It’s actually still shocking to remember that while the country was on fire and we were protesting outside his house, Scott Morrison was on a secret holiday to Hawaii
The video shows the police threatening to shut down the protest on the basis the paperwork has expired - it’s almost as if they don’t understand that they don’t have a veto power over when people protest 🤷🏼♂️
The organisers are on video telling the police that most of the people there are under 18 and the officer says “it doesn’t effect the arrest” 😬
Video of the local Mayor Jilly Gibson saying the protest should have already been shut down (at a time when it was still authorised by police!) - she’s the same mayor who got a “regional grant” from the government for the North Sydney pool 🧐
There is video of police appearing to try give a mass move on order to the crowd bu loudhailer but it’s clear no one can actually hear them so it wouldn’t be effective
We’re now seeing police bodycam video of each of the move-on directions given by police.
Our argument now - the police claim to be using powers under the Roads Act re closed roads but these don’t allow a move on order to be given.
We also have a defence that when directed to move I indicated that I would move and said I would comply.
We also have a defence that when directed to move I indicated that I would move and said I would comply.
There’s an additional question about “obstruction of traffic” and whether this can apply when there is no traffic or pedestrian being actually blocked.
There’s also the reasonable excuse that I didn’t believe that I was obstructing any traffic given we were in a culdesac which we are asking the court to consider.
There’s also the point that behind the protest were lines of riot squad officers - arguably if anyone was blocking the road it was them!
Magistrate refusing to dismiss the prima facie case so we’ll continue this afternoon.
Lunch break now.
I’ve been called to the stand to give evidence now.
The argument from the police appears that the whole crowd received a move on order (even though it’s clear from the video most of them wouldn’t have been able to hear it) - it’s not clear what the implication of this would have been
The police had a single question of me in cross examination 🙄
Police claim a single garbage truck was obstructed from accessing the cul-de-sac and this constitutes traffic that was being obstructed.
They’re also trying to label me an agitator - something that isn’t illegal, and in fact is protected in law 💪
We are back and decision should be handed down shortly.
Court accepts that the protest was peaceful and had been cooperative.
It’s a bit annoying that there’s no requirement under law that police giving the directions have good reasons to do so - meaning this won’t be tested in court today
Regarding the question about obstruction the magistrate finds there doesn’t need to be any traffic actually obstructed
The magistrate accepts that the crowd did not hear the move-on direction issued by megaphone.
That direction was given under the Road Transport Act though which is not the offence I am charged with today.
The magistrate has found charges upheld against three of the protesters now - still waiting for the rest
Magistrate has dismissed the charge against one of the protesters saying the police didn’t give him long enough to comply.
One more protester has had charges upheld against them.
Dismissed for one more - police didn’t give him enough time. Charges not proven beyond a reasonable sound.
Magistrate founds the order I was given was lawful, but recognises that I did comply with the order. The charge against me has been dismissed.
One of my coaccused has her home burn down in the bushfires just before this protest. The human stories behind why people stand up really put this all in context.
