Extinction Rebellion activists charged in Melbourne with blocking streets as part of the “Spring Rebellion” climate change protest have won a battle to have their bail conditions revoked, following a similar court victory in Sydney.
The bail conditions placed on those charged in Melbourne were not as onerous as those for the Sydney protesters, including the former Greens senator Scott Ludlam. But according to the bail conditions document seen by Guardian Australia, police were seeking to prevent the protesters from participating in similar protests blocking roadways in Melbourne while on bail.
On Thursday, the Melbourne magistrates court struck out the bail conditions for four of the 12 people charged, after their lawyers argued the conditions were excessive, and police ultimately decided to release the remaining eight with no bail conditions.
The protesters refused to sign the bail agreement, so were held in custody until the conditions were revoked.
They have been charged with intentionally obstructing an emergency service worker.
One of those charged, Peta Mallins, said she was held in custody for about 10 or 11 hours on Thursday after refusing to sign the bail agreement. She said she asked for the conditions about obstructing roadways to be removed but was refused by police.
She said the conditions were “completely ridiculous” and it was excessive of police to keep them locked up.
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“It did seem excessive, especially given we are non-violent and [they are] peaceful protests,” she said.
Mallins said she would continue to participate in protests but would be careful not to get arrested.
A Melbourne Activist Legal Support spokesperson, Anthony Kelly, has been observing the protests and legal action this week. He said it was an inappropriate use of the bail act to limit protests.
“Bail ostensibly is designed to ensure that you turn up to court at a particular court date ... it can’t put an injunction on participating in public protests,” he said.
Kelly said police had been careful in policing because they were aware they were under scrutiny, but he said they were still “overreaching” and “unjustifiably limiting human rights”.
“Bail conditions are one example of that, the other example is the cordoning off of entire intersections to prevent access for peaceful assemblies,” he said.
“We believe they’ve set the bar far too low for what they believe to be disruption.”
The protesters in Melbourne on Thursday blocked King St Bridge and the road outside Southern Cross Station, with some protesters gluing their hands to the bitumen.
Friday’s protest is focused on the offices of mining giant BHP.
In Sydney, the police had sought to keep protesters out of a 2.5km radius of Sydney Town Hall but those bail conditions were also rejected for some protestors.
However, one Sydney man has revealed that his bail conditions had not been revoked – but allowed to continue by a magistrate in the Waverley local court.
Ben Burdett, a 40-year old carpenter, was given bail conditions similar to those of Ludlam: to not attend any Extinction Rebellion protests and to not enter within 2.5km of the Sydney Town Hall.
On Thursday, a magistrate of the Waverley local court ruled that these conditions should continue for 20 more days, until his hearing on 31 October. Burdett was not represented by a lawyer. In contrast, in the Downing centre local court, Ludlam’s conditions had been dismissed.
