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Posted: 2024-06-03 06:33:55

A Tasmanian Aboriginal elder says he has no intention of appearing in court — or participating in the "colonial" judicial system — on a charge of trespass for taking part in a protest against native forest logging.

A magistrate issued an arrest warrant for 81-year-old Jim Everett-puralia meenamatta on Monday morning, after he failed to appear in the Hobart Magistrates Court.

A man wearing Aboriginal colours and flag at a logging site faces away from the camera as police approach him

Police approach Mr Everett during the protest in the Styx Valley in March. He was arrested peacefully.(Supplied: Bob Brown Foundation)

He was on truwana/Cape Barren Island at the time of the brief hearing, and says he intends to travel to Hobart on Tuesday.

"I'm not going to be running and hiding from them. If they want to arrest me and bring it on, well yeah, that's good," Mr Everett told the ABC.

"I'm easy, I'm ready for it."

Mr Everett was arrested and charged on March 19 in a native forest coupe in the Styx Valley in southern Tasmania, and was bailed to appear on June 3; a hearing he did not attend.

Tasmania's public forestry company Forestry Tasmania, which trades as Sustainable Timber Tasmania (STT), had been logging the coupe at the time of his arrest.

Giant tree in a forest.

The Styx Valley is home to some of the tallest flowering trees in the world.(ABC News: Luke Bowden)

Mr Everett intends to continue protesting against native forest logging — regardless of arrest and prosecution, and despite a bail condition that he not enter STT's permanent timber production land — which covers about 812,000 hectares of Tasmanian public forest.

"Aboriginal people are a part of country and our major role is to protect country," he said.

"Our most important thing is to protect our forest and stop this old-growth logging, this destruction of our country.

"I have every sovereign right to go there and protect my country, and they have no jurisdiction to stop me."

'They'll have to take me by the arms' into court

The question of Aboriginal sovereignty, lack of treaty, and the jurisdiction of Australian courts over Aboriginal people are central to Mr Everett's argument.

If he's arrested and taken into court, he plans to test these matters — but not via the court itself.

A man wearing Aboriginal colours and a wide brim hat smiles and stands in front of huge logs

Mr Everett says Aboriginal people have been protecting native forest for generations, and the state has no right to log them.(Supplied: Bob Brown Foundation)

"I just need to allow them to force me into the court. I'm not going to just walk in willingly. They'll have to have me by the arms and push me in," Mr Everett said.

"I make no plea in a colonial court. So when they take me in, I'm just going to tell them we're standing on my sovereignty and they have no jurisdiction.

"They'll do as they will. I could be fined for contempt of court, it could be a whole range of things; it doesn't matter.

"We'll keep getting arrested until this issue is raised right across the country, and the government is forced to address the matter of citizenship."

He does not intend to appeal against any sentence he receives — even if it results in a jail term — as he does not recognise any Australian court.

Mr Everett said treaty with Aboriginal people would help to clarify these matters.

The Tasmanian Government started engagement on treaty and truth-telling in mid-2021 and an Aboriginal advisory group was formed, but the process has been questioned by the Tasmanian Aboriginal Centre.

Bob Brown supports Mr Everett's moral position

The Styx Valley protest was part of the Bob Brown Foundation's ongoing campaign against native logging across Tasmania.

Protesters continue to be arrested regularly in Tasmania, and are usually charged with trespass.

Environmental protesters stand with banner 'end native forest logging' with fists in air at logging site

Protest against native forest logging in Tasmania is continuing, and arrests regularly occur.(Supplied: Bob Brown Foundation)

Veteran environmentalist and former federal Greens senator Bob Brown himself is among them, and will appear in court in July to contest his charge.

Mr Brown said he supported Mr Everett's moral position.

Bob Brown in the Styx forest in Tasmania

Bob Brown fill face court again in July after being charged with trespass during a protest against native forest logging.

"I salute his bravery. I salute his courage, his intelligence, and his stand for Indigenous people in this country and right around the planet," he said.

"If Jim [Everett] puralia meenamatta goes to jail for defending forests by a judicial system he doesn't recognise, that will be a national outrage."

Tasmanian Aboriginal Centre campaign manager Nala Mansell called on the charge against Mr Everett to be dropped.

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