Charges dry up

By Kath Gannaway
TRESSPASS charges against a Melbourne Water employee working on the Sugarloaf pipeline project were dismissed in Ringwood Magistrates’ Court on Wednesday.
Melbourne Water incident manager John Winther was charged with four counts of criminal trespass under a private prosecution by Yea landowner and pipeline opponent Bill Anderson.
The charges related to incidents in April last year when Melbourne Water employees, including 58-year-old Mr Winther, a former chief inspector with Victoria Police, entered Mr Anderson’s land against his wishes.
The court heard Melbourne Water required access to the land to commence fencing work associated with the pipeline construction.
Melbourne Water maintained they had a legal right under Section 133 of the Water Act, which was, and remains disputed by Mr Anderson.
The matter was heard on 7 December 2009 by Magistrate Leonard Brear at Seymour Court and on Wednesday Mr Brear wasted no time in delivering his ‘case dismissed’ decision.
“I will simply say each charge is dismissed and the reasons for dismissal are many and varied,” he told the packed courtroom.
“A copy of the decision in its entirety, some 35 pages, can be collected from the main counter,” he added, noting that he had advised the parties they need not attend and that his ‘reasons for decision’ would be available on-line.
In dismissing the charges Mr Brear found that Mr Winther believed he had a lawful right to enter Mr Anderson’s property.
“I am satisfied that the defendant acted under a fair and reasonable supposition that he had a right to do the acts complained about,” he said.
Mr Brear said the right of Melbourne Water and its employees to enter land pursuant to the Act and the statutory purposes is a right known to law.
“He had grounds including the legal advice given to him upon the statutory interpretation of Section 133 of the Act, his authority, the nature of his job and the manner in which he discharged his duties,” he said.
Both Melbourne Water project director Rod Clifford and Mr Winther welcomed the decision.
Mr Winther said outside the court he was relieved the case was finally over and disappointed that opponents of the pipeline had chosen to target him and other workers rather than pursue other legal avenues open to them.
“It was always clear to me that Melbourne Water was acting under legislation provided under the Water Act, which has been validated today,” he said.
Mr Clifford said the magistrate’s decision sent a clear message that the legal action taken against workers doing their job was misconceived and mean-spirited.
Mr Anderson defended his action saying while he was disappointed with the decision, he did not regret taking legal action.
“I think everybody should stand up for their rights,” he said.
“Melbourne Water came on to my property, cut my fences and claimed the land,” he said. “At that stage they had not even lodged the acquisition notice with me.’
Mr Anderson’s barrister, Serge Petrovich, did not rule out a Supreme Court appeal but said any decision would be made after they had had an opportunity to read the decision document.