Pipe block conviction

By Kath Gannaway
YEA farmer Deb Bertalli has been found guilty of obstruction charges in the Seymour Magistrates’ Court.
Ms Bertalli, an opponent of the Sugarloaf Pipeline project, was arrested last September after she refused to let Melbourne Water employees on to her farm.
Ms Bertalli left the court on Friday surrounded by family and friends – and supported by members of Plug the Pipe group.
“This project is so wrong,” she said. “We are standing up for everyone in the north of Victoria.” Melbourne Water has hailed the verdict as validation of its right to enter private land.
Melbourne Water project director Rod Clifford said the decision meant they were on “rock-solid ground” in terms of access to properties.
He then called on Plug the Pipe and its supporters to withdraw criminal trespass charges laid against five pipeline workers by another local farmer, Don Lawson.
The charges are due to be heard next month.
“The magistrate has made it clear that land entry by Melbourne Water was legal under the Water Act so the trespass charges serve no purpose beyond making targets of individual workers and contractors who are just doing their jobs,” he said.
Speaking after the decision was handed down, Plug the Pipe spokeswoman Jan Beer rejected the suggestion outright.
She said that while the court had ruled Melbourne Water had the power to enter land under the Water Act, the magistrate had left open the question of whether land should first have been acquired.
“This matter will be clarified on 9 July when the charges of trespass against Sugarloaf Alliance employees is heard,” she said.
“This will determine whether they had the right to be on private property without the owner’s permission and before the land was acquired,” she said.
Ms Bertalli’s barrister Serge Petrovich said they were disappointed with the outcome, but would respect the decision of the court.
“The court has found the charges proved, but decided not to punish her,” he said.
He said Melbourne Water had decided also not to pursue legal costs.