An Aboriginal Tent Embassy activist looks set to fight a charge he refused to leave a disused restaurant in Canberra's parliamentary triangle after a controversial occupation staged by Indigenous land rights supporters last month.
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Adrian Charles Davis, 63, was arrested after Ngunnawal elders and Tent Embassy campaigners allegedly forced their way into the Lobby restaurant in an attempt to reclaim what they described as Ngunnawal sovereign land in November.
Police removed several members of the group from the restaurant, near Old Parliament House, shortly after negotiations between authorities and group leaders broke down, sparking a stand-off.
Davis faced the ACT Magistrates Court, where he was represented by fellow activist Lee Nangala Daylight Lacey, on Monday charged with refusing to leave a Commonwealth premises when directed.
Ms Lacey told the court: "We're here to enter a plea." She then said she wanted to "enter a plea of a demurrer", referring to a pleading that objects to the criminal complaint before the court.
Magistrate Bernadette Boss explained she had to give leave for the woman to defend Davis if she didn't have a legal practising certificate.
She eventually granted leave for the woman to appear for the accused, however, Ms Lacey refused to enter a plea of guilty or not guilty.
At one point, Ms Lacey asked Dr Boss whether the magistrate "had the authority to preside over this court" and, later, if she was "allowed to practise law from the bench".
"That's what they're paying me to do," Dr Boss replied.
Dr Boss noted the accused refused to enter a plea to the charge. She entered a plea of not guilty on Mr Davis' behalf and set the matter down for hearing.
"Thank you Ms Boss, nice to see you again," Ms Lacey said.
Speaking outside court, Mr Davis said the alleged incident "wasn't a protest".
"It was claiming back land that they call so-called Crown land that was unoccupied for over six months.
"We just moved in and they bunged on all this."
Mr Davis said he hoped to inspire other members of his community to "stand up" and "become sovereign of this land we are on".
"This is our land. We stand here still."
Ms Lacey said outside court she believed the case was a matter for the "Supreme Court or even higher".
The case is set to be heard on May 14.
