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The Canberra Times
The Canberra Times
National
Lanie Tindale

Charges dropped for 'living, breathing' protester

Kane O'Brien had two charges dropped at the ACT Magistrates Court on Tuesday. Picture: Lanie Tindale

Two protesters facing the ACT Magistrates Court on Tuesday claimed their bail conditions were "null and void".

Ilaina Crabb had three charges, including two counts of trespassing on Commonwealth property and one of resisting a police officer, dropped by Commonwealth prosecutors.

When called to sit at the bar table, Crabb asked Magistrate Peter Morrison to remain standing in the public gallery area.

"I am Ilaina the living, breathing woman," she said.

"Oh I see," Mr Morrison replied.

Crabb asked to remain standing afar from the bench "to remain comfortable in my power".

Mr Morrison asked, "taking two steps forward would make a difference, would it?"

Crabb replied "to me it would" and Mr Morrison allowed her to stand with Kane O'Brien by her side throughout the proceeding.

O'Brien had two charges dropped, including trespassing on Commonwealth property and behaving in an offensive or disorderly manner while trespassing.

The protester previously questioned the ACT's Chief Magistrate in court, telling her he "can't be charged".

He is still facing two counts of Commonwealth property trespass and causing harm to a police officer on March 12.

When asked to enter pleas, O'Brien read from a thick notepad of handwritten notes.

"I have caused no harm to any man or woman," he said, adding he would not be entering pleas.

Mr Morrison entered pleas of not guilty on the O'Brien's behalf for each charge.

"Do not plea on my behalf," O'Brien said.

"I do not give consent.

"All these are false accusations."

O'Brien tried to read out a statement to the court.

"This is not a claim or contract," he said, referring to a bail condition form he received last time he was in court.

"I do not consent to the contract."

O'Brien said because the bail condition form was "null and void".

Mr Morrison cut off the protesters, telling them they would have their day in court to present evidence.

O'Brien is next scheduled to appear in court on November 4 at 9.30am.

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