Jonathan Moylan

In an Australian regime that is determined to repress environmentalism, we should all be aware of what is happening in this case. Jonathan Moylan, 26, will appear before the Supreme Court in Sydney for sentencing this Friday 11 July, supporters will be outside court from 9am. In January 2013 Moylan issued a press release on ANZ letterhead saying the bank had withdrawn its $1.2 billion loan facility from Whitehaven’s Maules Creek Coal Project on environmental and ethical grounds. The mines threaten koala habitat. Whitehaven’s share price temporarily fell before quickly recovering. Moylan is charged under section 1041E of the Corporations Act, pertaining to the making of false or misleading statements, and faces ten years in prison and a $765,000 fine.

When: Friday 11 July, supporters will gather outside the Supreme Court of NSW from 9am.

Where: Supreme Court of NSW, 184 Phillip St, Sydney.

Media Contact: Rick Laird, Maules Creek farmer, is available for comment. Call Nicola Paris on 0422 990 040 to arrange an interview and for further information.

Rick Laird is a farmer from Maules Creek. His family has been farming in the district for more than 150 years, but the future of their farms is now under threat from Whitehaven’s ANZ-funded Maules Creek coal mine. Rick will travel from Maules Creek with his brothers, also farmers from Maules Creek, to support Jonathan Moylan at court on Friday.

Jonathan Moylan will not be available for comment before sentencing. His availability to comment after sentencing is dependent upon the sentence handed down.

BACKGROUND

ANZ provides a $1.2 billion loan facility to Whitehaven Coal, primarily intended to develop the Maules Creek Coal Project. The Maules Creek Coal Project is a new open-cut coal mining project being developed in Leard State Forest and adjacent farm land near Maules Creek in north west NSW.

Leard State Forest is located between Narrabri and Boggabri, it includes the most extensive and intact stands of the nationally-listed and critically endangered Box-Gum Woodland remaining on the Australian continent. The forest is home to 396 species of plants and animals and includes habitat for 34 threatened species and several endangered ecological communities.

The Maules Creek Coal Project is approved to extract up to 13 million tonnes of coal annually and is estimated to produce 30 million tonnes of CO2 equivalent per year. The mine is expected to operate for more than 30 years. The coal will be railed from the mine in north west NSW to the port of Newcastle for export. The coal mine project boundary is approximately 5 kilometres from the Maules Creek township.

Maules Creek farmer Rick Laird speaking in support of Jonathan Moylan at a court hearing last year told media: “We’ve been fighting these mines for years, and people are finally starting to hear about it. You’re only given limited ways to challenge mine proposals, and they get approved anyway, even if it means the end of a community. If these mines go ahead, it’s the end of our livelihoods. We won’t be able to farm the land and we worry about the impact of coal dust on our health. The Maules Creek community stands with Jono.”

Source: Stand with Jono campaign press release via mail chimp.

25 year old, coal-mine activist, Jonathan Moylan has made his first appearance in the Supreme Court of New South Wales today, where he entered a plea of not guilty. The ongoing case was moved from the Downing Centre Local Court to the Supreme Court on the request of the prosecution. Supporters stood out the front of court holding placards and banners showing their support for Jonathan and his actions. Mr Moylan was also supported by his parents, and his twin sister.

Maules Creek local farmer Rick Laird, whose property is threatened by Whitehaven’s proposed mine, also attended court with Mr Moylan. The Laird family has owned property in the area for 150 years and are the namesake of the Leard State Forest, two thirds of which will be destroyed if the proposed mines in the area go ahead.

“We’ve been fighting these mines for years, and people are finally starting to hear about it. You’re only given limited ways to challenge mine proposals, and they get approved anyway, even if it means the end of a community. If these mines go ahead, its the end of our livelihoods. We won’t be able to farm the land and we worry about the impact of coal dust on our health,” said Mr Laird.

“The Maules Creek community stands with Jono,” said Mr Laird, out the front of the court house where a large contingent of people from the Gomeroi nation, also joined the vigil.

An international campaign has also been growing with Jonathan receiving support from prominent figures such as Noam Chomsky, Bill McKibben and David Suzuki. In recent days there has been coverage in several European papers.

“It is an honor to stand with Jono, to support him in his dedicated and courageous actions to defend all of us against the scourge of coal mining that is destroying the prospects for decent survival, and to protest, vigorously, the harsh sentence for actions that merit praise, respect, and thanks,” said Mr Chomsky.

David Suzuki has recorded a video message, which will be released in coming weeks and says, "Do I support Jonathan Moylan? You bet I do. He's a hero."

Author, environmentalist and founder of 350.org, Bill McKibben said, "Harshly punishing nonviolent action against the coal barons is not just spiteful and mean, it's stupid. Mr Moylan clearly speaks for the future."

In a campaign video that has been widely circulated high profile barrister Brian Walters SC stated, “Jonathan served ANZ shareholders by making them aware their resources are being used unethically."

In January this year, Mr Moylan sent a press release on ANZ letterhead to the ASX stating that the bank would withdraw financial support from Whitehaven’s Maules Creek open cut coal mine on ethical grounds.

Mr Moylan is being prosecuted by the Australian Securities and Investments Commission (ASIC) under section 1041E of the Corporations Act, pertaining to the making of false or misleading statements. He is the first individual to be charged under that section of the Act.

More background here and in the video released by the campaign. You can download a high resolution version here or view on the website: www.standwithjono.org

Update, 24 Sep 2013 : The Sydney Morning Herald reports, "Mr Moylan was committed to the Supreme Court and will be appearing there on November 1."
See also: Hunter Valley food bowl plan faces urban development pressures of 1 Oct 2013, stopcsgsydney.org.au (last updated, 25 Aug); Stop CSG! Illawarra (last updated, 15 Sep). Paul Craig Roberts mentions the threat to underground water supplies as a result of fracking in the US in The Real Crisis Is Not The Government Shutdown of 2 Oct 2013.

In January this year, Jonathan Moylan sent a press release on ANZ letterhead to the ASX stating that the bank will withdraw financial support from Whitehaven’s Maules Creek open cut coal mine on ethical grounds. The case has now gone to the Supreme Court and Jonathan is facing up to 10 years jail and more than $700,000 in fines under s1041E of the Corporations Act. Jonathan's supporters feel that this is the exercise of might against right and point to ASIC's failure to prosecute big offenders in corporate crime. Anglophone law and industrial policy have a long history of persecuting democratic activism and have made it much harder for local people to organise against power than under the Roman Law (Napoleonic) system in continental Europe. This needs to change.

You can contribute to a fighting fund here: http://www.standwithjono.org/donate

Context to ASIC prosecution of Jonathan Moylan

This case against Jonathan Moylan is the first time an individual has been prosecuted under s1041E of the Corporations Act.

ASIC is currently subject to a Senate Inquiry investigating its inaction in relation to prosecuting major corporate white-collar crime.

Last week, former Gunns chairman John Gay, who was prosecuted by ASIC for insider trading, received a $50,000 fine for an offence which carries a maximum penalty of $220,000 or 5 years’ jail. While ASIC praised the result, the Shareholders Association slammed the fine as “too lenient”, saying Gay “clearly profited at the expense of shareholders”, and that “where a director has pleaded guilty to insider trading we would have thought that there would have been the potential for a jail term...”.

Moylan acted on a matter of principle for no personal gain. The impact of Moylan’s action on shareholders has been exaggerated and should be seen in context. An investor who held $10,000 in Whitehaven shares and sold at the low point on the day of Moylan's action you would have lost $881 (shares fell from $3.52 to a low of $3.21 before recovering). Had the investor not acted and held their shares, at today's share price of $2.01 the investment would be worth just $5710.41, a drop of some 43%.

Cumulative Environmental Impacts

The mines will clear the largest remnant of bushland left on the Liverpool Plains, Leard State Forest, which is part of a national biodiversity hotspot.

The mines will impact on habitat for up to 396 plant and animal species and as many as 23 threatened species.

It is estimated that the mines will lead to a 5-7m drop in the water table and up to 18,000 tonnes of dust being dropped on surrounding farms each year.

Total greenhouse gas emissions from the coal produced will, when burnt, exceed 60 Mt/yr of CO2 equivalent - a total greenhouse impact greater than that of 165 individual nations, including Sweden, Hungary and Finland.

This is the context in which the Maules Ck coal mine was the subject of a media release by Jonathan Moylan which has now led to his prosecution by ASIC.