CDPP prosecutes ‘sovereign citizens’ after desecrating ancient Uluru cave

Summary

On 12 October 2023, Shawn Bartley and Richard Jarrett were found guilty in the Alice Springs Local Court of 8 charges of vandalising a sacred Uluru cave site, contrary to the Environmental Protection and Biodiversity Conservation Regulations 2000 (Cth).

The 2 men from New South Wales, who asserted themselves as ‘sovereign citizens’, failed to appear in court and the matters proceeded in their absence. They were found guilty in absentia and convicted on all 8 charges. Fines were imposed for each charge, amounting to a total fine of $8,600 for each offender.

The matter

Uluru is internationally recognised as a World Heritage Area, by the United National Educational Scientific and Cultural Organisation (UNESCO).

Located in a prohibited area at the base of Uluru is a sacred men’s cave site, which holds great significance to Aṉangu men.

The CDPP submitted to Court that on 11 August 2022 at Uluru-Kata Tjuta National Park, Mr Jarrett and Mr Bartley climbed through a fence into the prohibited area and entered the cave where they damaged heritage rock art by making handprints with a liquid suspected to be oil. They also lit a fire in the cave and moved sand to make a drawing on the cave floor. The offenders had 2 dogs with them and their vehicle was parked in a no stopping area. These actions were contrary to the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

The CDPP argued these offences were a serious example of this type of offending.

Judgment

Judge David Bamber accepted the CDPP’s submission noting that, while these are not offences that come before the Court often, the offending calls for significant fines. Further, his Honour noted that the offenders showed a blatant attempt to thumb their noses and show contempt for the law and culture. Both offenders were found guilty and issued with the following fines:

• Charge one contrary to s12.13(1) of the Environmental Protection and Biodiversity Conservation Regulations 2000 (Cth): Damage, deface, move, possess or interfere with heritage in a Commonwealth reserve. Fined $3,000.
• Charge 2 contrary to s12.17: Enter or interfere with cave or release a substance into cave or karst area waters (a distinct landform shaped largely by the dissolving action of water on carbonate rock such as limestone, dolomite and marble) in a Commonwealth reserve. Fined $2000.
• Charge 3 contrary to s12.19(1):  Take animal into Commonwealth reserve. Fined $500.
• Charge 4: contrary to s12.19(1):  Take animal into Commonwealth reserve. Fined $500.
• Charge 5 contrary to s12.23(5): Entering prohibited or restricted area. Fined $1000.
• Charge 6 contrary to s12.30A(2): Light, maintain or use a fire in a Commonwealth reserve other than with approval in prescribed circumstances. Fined $1000.
• Charge 7 contrary to s12.44(1): Park or stop a vehicle in a Commonwealth reserve in a place other than or contrary to prescribed parking area conditions. Fined $100.
• Charge 8 contrary to s12.55(1): Walk or ride in Commonwealth Reserve in area other than vehicle or walking track or road. Fined $500.

His Honour said the Court was somewhat familiar with sovereign citizens and offenders of this type, who have ’wrong-headed‘ notions of sovereign citizenship, often coming with their own background of misguided facts to justify their actions.

His Honour further noted he was well aware of the strength of Indigenous culture and had a strong understanding of the significance of this type of offending and how it is felt by traditional owners.

Related links

ABC Two NSW men found guilty of using oily handprints to damage sacred Uluru cave art

National Indigenous Times NSW pair convicted and fined after defacing Uluru cave art with oily handprints