A COURT has thrown out the first attempt by Queensland maritime authorities to claim compensation from an environmental campaigner who disrupted dredging in Gladstone Harbour, saying the "courts are not in the business of clamping down on genuine protest".
Brisbane magistrate Jim Herlihy's dismissal of the compensation claim came as Liberal National Party leader Campbell Newman committed to ban coal-seam gas mining on 425,000ha of Gold Coast hinterland, winning plaudits from environmentalists blockading an Arrow Energy exploration drill at Kerry.
Maritime Safety Queensland alleged Derec Davies' unauthorised boarding of a 96m barge off Gladstone in November caused $34,555 damage to the dredging operation and he should therefore pay compensation.
But Mr Herlihy ruled in favour of Mr Davies, saying the company's quote was "speculative" and victims often "inflated" estimates of damage.
"I don't think the criminal courts should be used to run around scraping the barrel to find a bit of money. They should have to prove it, shouldn't they, in a civil court?" he rhetorically asked prosecutor Paul Hubbert. "This is a court that punishes. I'll just punish him for what he did."
The Australian
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