Judge gives verdict on Cherry Tree Four forest protest

ABOVE: The Cherry Tree Four defendants, Malveena Martin, Ian Gaitland, Dee Mould and Naomi Shine with their lawyer Eddie Lloyd outside Kyogle Courthouse. Photo: Susanna Freymark

STORY by Susanna Freymark

The Cherry Tree Four were in Kyogle Courthouse today, Friday, June 24 to face the charges against them for protesting at the Cherry Tree State Forest on November 15 last year.

Naomi Shine, Malveena Martin, Dee Mould and Ian Gaitland were charged with entering and refusing to leave a state forest area.

Their lawyer Eddie Lloyd called them the Awesome Foursome.

Ms Shine said she was proud of what she did.

“It’s a beautiful forest and the wildlife corridor is so valuable,” she said.

Ms Martin was clear about why she was involved in the protest.

“We want logging in public native forests stopped,” she said.

“The Forest Corporation has been doing what it likes for decades.”

The 69-year-old was at the November protest at Cherry Tree State Forest.

Her lawyer relayed the events of the day to the judge.

“On the day Ms Martin was asked to move on, she resisted and was put in the back of a police paddy wagon and taken to Casino Police Station,” Ms Lloyd said.

On the bumpy ride to Casino, Ms Martin’s back was injured and she couldn’t get out of the wagon without assistance when she arrived in Casino.

Ms Martin complained to police and they admitted their negligence in their duty of care, Ms Lloyd told the judge.

The lawyer continued her argument by referring to a similar case in Queensland where the charges against the protesters were dismissed.

Civil disobedience was done with the aim of bringing about changes in government policies, Ms Lloyd said.

The Cherry Tree State Forest protest was peaceful and that stood in favour of the four.

Kyogle Environment Group president Tori Bail was at the courthouse to support the four.

“The main driver for habitat extinction comes from land clearing and logging,” she said.

Victoria and Western Australia have a timeframe to end native logging, Ms Bail said.

NSW has no such timeline.

After a one-hour break, the judge returned to court to give her verdict.

“I take into account the defendants’ motivation,” Judge Crittenden said.

“I take into account their good character.

“I take into account their contribution to the community.”

The four stood still – and waited.

“Let the offence be found proved and dismissed,” the judge announced.

Outside the courthouse the defendants were thrilled.

“Commonsense has prevailed,” Mr Gaitland said.

Find out more about protecting state forests here.

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