Jonathan Moylan returns to Supreme Court for verdict on sentence

What: Jonathan Moylan, 26, will appear before the Supreme Court in Sydney for sentencing tomorrow, Friday 25 July, at 2pm. Supporters will hold a vigil outside court from 1.30pm.

The sentencing this Friday follows a hearing on July 11, at which the judge adjourned sentencing to allow time for deliberation.

In January 2013 Moylan issued a press release on ANZ letterhead saying the bank had withdrawn its $1.2 billion loan facility from Whitehaven’s Maules Creek Coal Project in NSW on environmental and ethical grounds.

Moylan is charged under section 1041E of the Corporations Act, pertaining to the making of false or misleading statements. The maximum penalty is ten years in prison and a $765,000 fine.

When: 2pm, Friday 25 July. Supporters will hold a vigil outside the Supreme Court of NSW from 1.30pm.

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

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 to support Jonathan Moylan at court on Friday.

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 mine 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 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 on July 11 told media: “ANZ’s loan means Whitehaven Coal can turn Maules Creek from a farming village into an open-cut pit. We rely on groundwater to water our livestock and for our household water supply, and the Whitehaven Coal mine will lower our water table by 5-10 metres. We’ve been fighting this mine for years, and the stand that Jono took means that people now know what’s happening at Maules Creek. Jono stood with us, and now we’re here to stand with Jono.”

On the day of the release Whitehaven Coal’s share price went from $3.52 to $3.21 before a trading halt, recovering to $3.53 within an hour of trade resuming. Whitehaven’s share price has since plummeted due to slumping coal prices, closing at $1.68 yesterday.
Rick Laird, Nicola Paris