Newcastle: Rising Tide climate protesters face court for coal train incident

At least 30 of the Rising Tide protesters who faced court on Thursday pleaded guilty to entering enclosed lands and assisting in the obstruction of a rail locomotive.

One member, Jack Ruben Thieme, pleaded guilty to a further charge of property damage after a fence was cut to allow members of the group onto the rail corridor.

He was fined a total of $750.

Magistrate Stephen Olischlager warned the group that the right to protest isn't absolute.

"Arguments are never won through either the use of force or disregard for the rights of others, at the end of the day, support for worthy causes is won by changing minds, exposing truths and respectful communication of arguments," he said.

More than 50 members had their matters heard in court, represented by defence solicitor Olivia Freeman who argued her clients acted the way they did out of desperation in the face of "climate inaction".

"The science is now at a point where there can be no dispute that there are a number of members of our community with sincere and strongly held beliefs that to address the climate crisis and a rise of 1.5 degrees that we can't keep burning fossil fuels," she said.

She pointed out there was a common thread across the reference letters handed into the court in support of the offenders.

"Every person before the court today is a person with the utmost integrity, compassion, concern and passion about the environment," she said.

"These are all strongly community-minded individuals that give back in various ways to the community in which they all live and are described as caring and generous."

Ms Freeman pushed for good behaviour bonds and non-convictions for those of her clients without a criminal history, but Mr Olischlager said there was a need to deter the public from similar action.

Police prosecutor Harry Hall was unsuccessful in his attempt to have each of the offenders banned from any coal storage or loading facility across the state and rail corridors except for when travelling.

"The NSW Police accepts that all individuals have the right to protest, but it must be done in a lawful and safe manner," he said.

"There are always methods individuals can use rather than this unlawful example."

He argued the protesters put police and emergency services at risk and dragged resources away from people in need, potentially endangering lives.

More than 10 of the activists had their matters adjourned to July 10. Some live interstate and will appear via audio visual link on the next occasion.

PROTESTERS for climate action group Rising Tide that brought a coal train to a stop for hours in April crowded the stairs of Newcastle courthouse on Thursday.

A courtroom had to be set aside to deal with the sheer number of people facing court for the action member Anne Hodgson said they were "forced" to take.

"I think it's a sad indictment on our society that those who are doing what is necessary for a safe climate future are the ones who are bearing the brunt of punishment," she said.

"We accept what will happen, but this is what we're going to need to continue to do, because we have to create a safe climate future for future generations."

Defence solicitor Olivia Freeman took charge of about 50 matters in court, with a number of defendants expected to plead guilty.

The climate activists were arrested after a fully-laden coal train was stopped at the Hunter River crossing at Sandgate shortly after 10am on April 16.

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 came to a halt for hours.

Outside court, protester and final year renewable engineering student Jasmine Stuart told the Newcastle Herald she's going to keep doing what she sees as "necessary".

"Ideally I wouldn't have to break the law because I will be heard in other ways," she said.

"I've tried all sorts of environmental actions before this action, I've made changes in my own life, I've gone to protests, I've campaigned within the system, I've studied renewable energy and we're still not seeing the change that we need.

"So I'm not sure what choice I have left except for disruption, and it's a choice between disruption now or far worse disruption in the future."

Magistrate Stephen Olischlager is dealing with the matters and already 11 cases have been adjourned to July.

More to come.

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