31 August 2009
CHARGES AGAINST FIVE PIPELINE WORKERS DROPPED
Melbourne Water has welcomed the decision by opponents of the Sugarloaf Pipeline to drop charges against five workers, but has criticised the laying of charges against another innocent worker doing much the same job.
In the Seymour Magistrates’ Court last week, additional charges laid against one worker by a landowner supported by Plug the Pipe were “mentioned”. These charges were for entering a Yea property on 15 April 2009 to commence fencing and on 21 April to continue construction works.
Trespass charges against five Melbourne Water workers and contractors who accessed two properties under Section 133 of the Water Act to carry out investigative works on 24 September 2008 and 16 January 2009 were withdrawn.
Melbourne Water Project Director Rod Clifford said withdrawing the charges against five workers clearly showed that Plug the Pipe’s legal case was in tatters.
“A magistrate has already determined that workers on the Sugarloaf Pipeline had a crystal clear right of land entry under the Water Act to construct the pipeline and I am pleased Plug the Pipe supporters finally accepted this decision and dropped the charges.
“But it is extremely disappointing that they want to victimise another individual worker who has a reputation for honesty and integrity as a retired Chief Inspector of Police and who was lawfully doing much the same job,” he said.
“Criminal trespass is a serious matter that carries a potential jail term and while he knows he has the full support of Melbourne Water, this is placing enormous stress on him and his family.”
Mr Clifford said he was confident that the new charges laid had no legal foundation. “This worker was also acting lawfully, both to the letter and in the spirit of the Water Act, and these rights have already been upheld in the Magistrates’ Court,” he said.
He again rejected claims by pipeline opponents that the Magistrate’s ruling justified the continuation of any trespass prosecutions.
“Plug the Pipe is grasping at straws by taking the magistrate’s words out of context. The judge ruled that our workers acted legally, full stop. These additional charges should be dropped now.”
The new charges are due back in Seymour Magistrates’ Court on December 8, 9 and 10.
Media Contact: Denise Hurley - (03) 9727 8405; 0437 359 400