Summons Received at Lake Cowal, 13 April 2009
New South Wales Police
Offender : Graeme Dunstan
Address : 590 Linton-Mortchup Rd, Linton Vic
Nationality : Unknown
D.O.B : 04/08/1942
Occupation : Cultural Entrepeneur
CNI No. : 4913384
Seq. No. Offenses
1. Wifully prevent free passage of persons/vehicle/vessel
Act Sumary Offenses Act 1988
Name : SGT KENNETH DALE
Station : WEST WYALONG
Name : CSENCON BRETT GLASGOW
Station : Barmedman
Date : 13/04/09
Court Name : West Wyalong Local Court
Court Date : 28/06/2007
Police Witnesses : 0
Civilian Witnesses : 0
Bail Type : No Bail Conditions
The accused is 67 years of age and engages in full time political and environmental protest actions.
Barrack Gold Mine, Lake Cowal is located approximately 35 kilometers north west of the West Wyalong township. The Gold Mine operation is licensed by the New South Wales Government for mining operation. Barrack Gold Mine has been inoperation for a period of five years.
Since 2003 various political groups have engaged in protest activities at the Lake Cowal Gold Mine site at Easter each year, who are opposed to the mining operation. The objections of the protest groups is to cause as much disruption to mining operations and publicise their activities.
The accused, Graeme Dunstan is an organiser of this and many other protest actions within Australia. The accused attend Lake Cowal protest activities every Easter. The accused has previously been arrested and convicted for his protest activities at Lake Cowal in 2007.
The accused is the registered owner of a 1996 Mitsubishi Express Van, Victorian registered number WUL-451. The accused uses this vehicle to attend protests, with the vehicle fitted out with a PA system to facilitate his protest actions. The vehicle is also equipped for camping out at protest sites.
At 6.00am on Sunday 12th April, 2009 the accused drove his Mitsubishi Panel Van registered number WUL-451 (v) to the main gate of Barrack Gold Mine off Lake Cowal Rd. At the time main gate was closed to trespass and warning signs clearly displayed on fencing. The main gate was manned by a security officer employed by Barrack Gold.
The accused drove up to the Main Gate and parked his vehicle horizontally across the access gates blocking vehicle traffic in both traffic lanes at the access road east/west. This action in fact blocked the only access road into the Lake Cowal Gold Mine.
The security officer requested the accused on a number of occasions to move his vehicle to allow free passage of vehicles into and out of Lake Cowal Gold Mine. On each occasion the accused declined and continued to obstruct free passage of vehicles and persons.
At 6.50am that morning Sergeant Dale and Senior Constable Gaynour attended the Main Gate on the access road to Lake Cowal Road. This road is open to and used by the public being a public place and a road. At this location police observed to the accused with other persons standing adjacent tothe Main Gate and outside the boundary fence of the Lake Cowal Gold Mine site. Police also observed the accused person's 1996 Mitsubishi Express Van, Victorian registered number WUL-451 parked horizontally across the east/west bound traffic lanes. The accused had positioned his vehicle at this location and it obstructed the free passage of vehicles and persons into the Lake Cowal Mine.
At the time police arrived, 15 vehicles including a bus full of employees were obstructed from entering Lake Cowal Gold Mine and six vehicles from leaving, by the position that the accused had placed his vehicle in.
Approximately 50 employees of Barrack Gold were unable to go about their lawful activities. Sergeant Dale approached the accused, who greeted him with a handshake. Sergeant Dale is known to the accused from prior actionsat Lake Cowal. Sergeant Dale informed the accused of the LEPRA safeguards and directed him pursuant to LEPRA 2002 to move his vehicle from the position it occupied off the road and off the road.
The accused immediately entered the driver's seat, started the vehicle and removed it from the obstructing position as directed by Sergeant Dale, a member of the New South Wales Police Force.
The accused produced a current Victorian driver's license with photograph attached. The accused was informed that he was being prosecuted for the offence of Obtruct the free passage of vehicles and persons pursuant to Section 6 of the Summary Offences Act, 1988.
The actions of the accused caused Mine operations to be disrupted for a period of 50 minutes. The accused was co-operative with police and complied with all directions given.
Facts created by : SGT KENNETH DALE
Camping by the Lachlan River after the Easter action at Lake Cowal, 16 April 2009