A climate activist cannot rely on evidence from experts in global heating and civil disobedience to beat charges after a protest outside a Melbourne fuel depot, a magistrate has found.
Brad Homewood, 52, was charged with four offences relating to a 2021 Extinction Rebellion protest at an Exxon/Mobil depot in Spotswood.
The prosecution applied to have expert reports that Homewood sought to rely upon ruled inadmissible.
Homewood’s barrister, Emrys Nekvapil SC, said it was unusual for people charged with criminal offences in relation to climate activism to rely on a “sudden or extraordinary emergency” defence.
Nekvapil told the court the defence relied on expert reports on the severity of global heating and the history of civil disobedience being used to affect political change.
“This defence … is confined not by drawing a line through the meaning of emergency,” he said.
“It’s done in a very careful way by drawing a line … between the conduct that is charged and proved … and the precise emergency that is relied on.”
Matthew Fisher, for the prosecution, submitted to magistrate Andrew Halse that the reports were inadmissible, as they were not relevant to the case.
“Is it theoretically possible to have a sudden or extraordinary emergency arising from climate change?” Halse asked on Monday.
“No, the prosecution say no,” Fisher responded.
“It might be an emergency situation but … one that is developing over a period of time. That must be contrary to the conclusion of ‘sudden and extraordinary’.”
Halse ruled on Friday that the reports could not be admitted.
Nekvapil said that given the defence had been rejected, Homewood would now make a “no case” application regarding the charges, and possibly a stay application.
Charge sheets provided to the media show Homewood is charged with multiple counts of intentionally obstructing an emergency worker and failing to obey a reasonable instruction in relation to the protest on 13 December 2021.
A media application for other documents in the case was denied.
Police body-cam footage played to the court showed Homewood locked to a 44-gallon drum filled with concrete as part of a gathering of about 15 people near the depot.
Supporters have attended court for hearings this week, and an Extinction Rebellion activist dressed in a gas mask protested outside the court on Tuesday.
The hearing continues.
