Three protestors have been fined for trespassing at the Bendigo branch of National Australia Bank, after refusing to be placed on a good behaviour bond.
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Magistrate Johanna Metcalf found Dean Bridgfoot, Bernard Tonkin and Laura Levetan were each guilty of a single charge of trespass for their actions in the NAB office in March 2023.
'Cooperative' and 'polite', yet 'resolute'
Ms Metcalf told the Bendigo Magistrates' Court the trio had been "cooperative and polite, but resolute in their refusal" to leave the premises, and that she had found them "genuine" and "sincere".
She acknowledged that the police informant had also been courteous and patient, and had tried numerous ways to get the protestors to leave.
Ms Metcalf ultimately found that there were other lawful avenues of protest the trio could have taken.
She said the 'duress defence' was not made in court because the climate threat discussed "lacks the immediate, direct characteristics of a threat" required by the law.
The magistrate said there was "no objective evidence" of NAB making threats or of the specific financial discussions within the bank which the trio said they were protesting.
'Rather be on the right side of history'
Having been found guilty, retired carbon economics lecturer and senior corporate strategy advisor Ms Levetan told the court it would not have been possible to present evidence of NAB's plans to finance coal mines - which provoked the trio's protest.
"We would have had to subpoena NAB, we couldn't get them to respond to a hand-written card," she told the court.
"Can you imagine the Trump-like proportions to try to push for that legal evidence?"
Ms Levetan said in this case Goliath beat David, "but one day Goliath will rock up drunk and forget his water bottle".
"Today we have fallen on the wrong side of the law, but I would rather be on the right side of history," she said.
"We could have pleaded guilty or accepted a diversion but what is the point?
"If I just wanted handcuffs I could have gone to the Red Fox party shop and got my own."
Tribute to Echuca, Rochester and East Timor
Carpenter and domestic violence men's counsellor Mr Tonkin became emotional describing a person he had assisted in East Timor who had been employed by an Australian fossil fuel company.
He wore a T-shirt honouring that person who he told the court had been paid $5 a day and not offered any safety boots when employed by an oil company - who was subsequently injured after a brick fell on his foot.
Mr Tonkin said he sincerely believed only non-violent direct action could address the "failings of our system, a system captured by people we're trying to stop".
He paid tribute, where addressing the court on mitigation, to people in Echuca and Rochester who had had to "put their muddy belongs on the footpath and are living in caravans years down the track", as well as mothers in Pakistan, following serious floods, "feeding children mud".
Veterinarian Mr Bridgfoot told the court it could not impose a penalty worse than was "being imposed on most of us" through climate change.
He said NAB's actions were "lawful yet immoral" - and said people had been arrested and jailed fighting things like slavery - which he said was once legal - or fighting for rights for women and workers.
All three accused thanked the magistrate for her time.
They refused a good behaviour bond which could have prevented further protest action and were each fined $200 without conviction.
Lucy Williams
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
Journalist with an interest in telling regional and rural stories, and covering the diverse array of topics that matter to the people of Bendigo.
