Protestors at Basin Reserve in 2023 glued themselves to the road. Photo: Jemima Huston
Police are disappointed the prosecution of more than 20 climate activists, who brought Wellington rush-hour traffic to a halt numerous times, has been abandoned.
But the Kings Counsel who defended some of the protesters in the first and now only trial says the criminalisation of protesters is worrying and charges carrying up to 14 years in jail should never have been laid.
The Solicitor-General's office did not specifically address questions by RNZ about whether the prosecutions should have been brought.
On Tuesday, Crown prosecutors confirmed they did not see the public interest in pursuing a retrial of three defendants facing charges of endangering transport, and a further six trials related to Restore Passenger Rail protests in 2022 and 2023 - after jurors in the first trial became deadlocked on the issue of whether the protests caused an unreasonable risk.
Wellington District Court Judge Jan Kelly dismissed the charges for the defendants facing a retrial, and a raft of charges for more than 20 other defendants.
Police, however, are steadfast and maintain the protesters - some of whom abseiled above highways and glued themselves to main roads - caused significant chaos and potential harm to Wellington commuters and themselves.
Acting Wellington District Commander Inspector Lincoln Sycamore said the outcome was disappointing.
"The challenge for us is that, in this case, there was insufficient evidence of the danger that resulted from the protesters' behaviour.
"To be clear, that does not mean the danger didn't exist, just that we were unable to demonstrate it to the level required under the legislation."
He said the concern was that such protests put drivers at risk and potentially blocked emergency services.
Police were considering how to tackle similar protests in future, he said, and would "continue to take action against unsafe protest behaviour".
Meanwhile, Kings Counsel and defence lawyer Christopher Stevenson said not only were the dismissals appropriate, but the prosecutions should never have been brought - especially the charge of endangering transport which saw defendants face up to 14 years in jail.
He said it followed a "worrying international trend of the attempted criminalisation of climate crisis activists".
"The UN secretary general at the time these activists took to the streets said ... we are on a fast-track to catastrophe, we are heading towards an unliveable future.
"These are community-spirited people who have been endeavouring to raise the alarm about inaction by the goverment in relation to the climate crisis - and prosecuting them was the wrong thing to do.
"I think the reaction of the jury not to convict anyone in this case sends a message along those lines."
Stevenson said the dismissals did not set a precedent, but the police should pay attention to them.
The office of the Solicitor-General said Crown Law very rarely had any involvement in charging decisions, which were matters for the police and Crown solicitors.
"In this instance, the Crown solicitor has determined, on the particular facts of the case and applying the Solicitor-General's prosecution guidelines in relation to retrials, that the public interest would not be served by a retrial."
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