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The Guardian - AU
The Guardian - AU
National
Nino Bucci and Australian Associated Press

WA climate activist to appeal against conviction for denying police access to mobile and laptop

Joana Partyka
Joana Partyka is the second activist from Disrupt Burrup Hub to have been convicted over failure to comply with a data access order. Photograph: Richard Wainwright/AAP

A climate activist will appeal against her conviction and fine for failing to allow police to access her mobile phone and laptop.

Joana Partyka, 38, pleaded not guilty in the Perth magistrates court to two charges of failing to obey a data access order.

The orders had been sought by Western Australian police investigating climate activists from the Disrupt Burrup Hub group.

The group has claimed responsibility for a series of high-profile protests opposing an expansion of Woodside’s operations in the Pilbara region.

It is the second time an activist from the group has been convicted and fined for failing to comply with a data access order, with at least five others charged with similar offences, the group said.

Partyka, who also works for the Australian Greens, had her mobile phone and laptop seized from her apartment in March.

The devices allegedly contained confidential Australian Greens political information and a list of about 200,000 party donors.

Partyka told the court in September she asked the Greens for permission to allow police access to her devices but was told it would breach her employment contract, which could result in dismissal.

Magistrate Andrew Maughan handed down his judgment on Monday saying Partyka’s “belief, although perhaps honestly held, was not objectively reasonable given the situation she found herself (in)”.

He said it was uncontentious that Partyka was subjected to an employment contract that stated she not disclose or discuss any Australian Greens information or data to any third party without their consent.

Partyka, who is a campaigner for the Disrupt Burrup Hub group, was fined $1,200 plus court costs.

Outside court, Partyka said she would probably appeal against the convictions due to “multiple errors in the decisions given today”.

Jesse Noakes, the only other activist to have also received a fine and conviction in relation for failing to provide access to a personal devices, said he was also planning on appealing.

Noakes, the media adviser for the group, said after his conviction on 7 November:

“As an advocate and campaigner with vulnerable communities I feel it is an important matter of principle to protect sensitive sources sharing significant stories, and so I plan to appeal.”

Partyka said outside court on Monday that WA police had admitted during her trial that they raided her house and seized the devices in relation to “potential future offences”.

“That’s a pretty dystopian vision.”

The Burrup peninsula, in WA’s Pilbara region and known as Murujuga to traditional owners, contains the world’s largest and oldest collection of petroglyphs.

Disrupt Burrup Hub claims Woodside’s operations in the area and its proposed expansion form the biggest new fossil fuel project in the country and could produce billions of tonnes of carbon dioxide by 2070.

It has carried out a series of actions against Woodside this year including the release of stench gas at the company’s Perth headquarters in June, forcing the evacuation of about 2,000 staff.

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