17/12/21

Environmental activist Kyle Magee has been denied bail today in the Bowen Magistrates Court and remanded in custody.

Mr Magee was arrested yesterday after stopping Adani’s coal train for over 20 hours and shoveling coal out of a carriage. He was refused bail by police and heard in court this morning, where Magistrate John Morton again denied him bail. Mr Magee plead not guilty after being unexpectedly charged with fraud (Criminal Code 408C) and has been remanded until his next court date on February 8th.

Mr Magee was previously refused bail and remanded for a week in November after twice disrupting coal port operations. He said “My conscience demands that I stand up for our climate. Climate action of the kind we are calling for is completely reasonable and should not be controversial in any way. Non-violent direct action is a necessity when other political processes have failed us. 

“Faced with the threat of climate destruction, it would be inexcusable for me not to take action. Whatever the consequences, that’s the price we have to pay for standing up for what’s right in a society ruled by corporate interests.”

Frontline Action on Coal spokesperson Andy Paine said “It is a terrible indictment of our legal system that it protects and enables those who wilfully destroy the climate for their profits, but locks up those who try to defend our planet.

“Civil disobedience actions like this are always done in full knowledge of the risks and consequences, and it is testimony to Kyle’s courage and dedication that he took the action anyway. But we should still hold to account legal processes when they are unjust or used incorrectly. That includes charging Kyle with the serious charge of fraud despite the fact he was completely open in taking the action that he did, and overriding his presumption for bail even though he is not a flight risk or a danger to the community.”

Mr Magee intends to make a bail appeal in the Supreme Court.