NSW Attorney General to look into protester’s climate anxiety defence
A climate protester who blocked the Sydney Harbour Tunnel has had all charges dropped because of her climate-change induced anxiety in the wake of NSW floods.
Former Lismore resident Mali Cooper locked herself in her car, blocking the Sydney Harbour Tunnel in June as part of protest action by Blockade Australia.
All charges against her were dismissed by magistrate Jeff Linden in Lismore Local Court on Tuesday.
Attorney General Mark Speakman told The Ray Hadley Morning Show he has ordered a transcript of the decision.
In a statement, Mr Speakman said: “The law requires any mental health impairment relied on to be a “disturbance” which rises to the level that it “would be regarded as significant for clinical diagnostic purposes”; mere “anxiety” without this is not enough.” (See full statement below)
Press PLAY below to hear Ray’s comments in full
Attorney General Mark Speakman’s full statement:
“The NSW Government introduced new laws to give the courts the tools to impose tougher financial penalties and prison sentences on these illegal protestors who disrupt everyone’s lives, in line with community expectations.
“I’ve ordered a transcript to understand what actually happened in this case. The law requires any mental health impairment relied on to be a “disturbance” which rises to the level that it “would be regarded as significant for clinical diagnostic purposes”; mere “anxiety” without this is not enough.
“In the interim I note that the defendant’s lawyer (who represents other charged protesters) reportedly says that due to the particulars of the case, the outcome won’t set any precedent for the courts’ approach to the enhanced penalties introduced by the NSW government.
“The Government will monitor future cases carefully.”