SFER Press Release: July 9th 2011 The Castle Matter –‘Its the Vibe of the Thing’: In Moruya Local Court on Friday Mr Ryan Castle was found not guilty on multiple charges of obstruction and damage. Mr Castle spent nearly 11 hours atop a twenty metre tripod in Mumbulla State Forest, north of Bega, to draw attention to the fact that Forests NSW were logging a gazetted Aboriginal Place unlawfully in April 2010.
It was found through evidence that the logging operation had been approved and undertaken on a flawed basis. The magistrate found that in the circumstances the police went beyond their power and were not authorised to give Mr Castle a direction to come down. The learned magistrate also stated that, while there are limitations upon what a person can do when embarking upon actions which otherwise would be a crime, there was evidence that the proper authorities had been alerted to the questionable legality of the logging operation but the operation was continuing.
“The fact is that shortly after the accused’s arrest the operation was halted,” his Honour stated. “Under such circumstances, I accept that the accused’s action were reasonable.”
“The public cannot take Forests NSW to court for a breach of their Act, or any other Act no matter how great the damage,” said Mr Castle. “Forests NSW have wasted court resources and time when in fact they were logging illegally.”
Like the movie The Castle this is a case of injustice inflicted upon the public by a government run agency. It seems the only real recourse for forest activists and community organisations in areas covered by the RFAs is to stand up for justice, by actions of civil dissent.
As Lon Fuller, the eminent US barrister so aptly put it:
The rule of law actually justifies disobedience, if governments do not govern in accordance with certain norms which are at the real core of the ideal. Particular violations of the rules of law by a government have the consequence that the government rules are not laws at all and so there is no moral obligation to follow them.[1]
“Perhaps when Forests NSW say jump to police, instead of replying ‘how high’ the police will ask to see a map,” said Ms Stone, spokesperson for South East Forest Rescue. “24 out of 25 defendants have now been found not guilty, or the charges dropped, this is a hard lesson for both Forests NSW and the police.”
SEFR had informed Forests NSW prior to the logging beginning that they would be in breach of their licence, regulations and legislation if they started logging. Every day of the logging event SEFR informed Forests NSW, the Office of Environment and Heritage and police who attended the compartment of these regulatory breaches which rendered the event unlawful.
In court Mr Lee Blessington, the Forests NSW worker in charge of logging, admitted in his evidence that the logging operation was unlawful, however he later said that he could not say if the logging was unlawful.
“We suggest that the current practice of taking Forests NSW statements as ‘fact’ be discontinued and that the Police Department hereafter treat all Forests NSW statements as erroneous and Forests NSW employees as unreliable witnesses,” said Ms Stone. “On a number of occasions documented evidence has quite clearly shown that SEFR are better versed in the law and licence conditions than Forests NSW.”
More matters from Mumbulla State Forest protests are before the Court this month and next.
Comments
If rules not followed as law what is the point of making them?
I still have some doubts in this case, it really need further investigations from agencies but whatever is told to the common man is a good example set for the future. If the rules are not to be followed as law what is the point of making them?
Police had no evidence to corroborate the charges
That is exactly the point, Samuel.The rules WERE followed as law. The police incorrectly applied them in the first place or had no evidence to corroborate the charges.