Department of Defence to fight claims of health and safety breach after soldiers attacked by crocodile
The Defence Department will fight claims it breached health and safety laws stemming from a crocodile attack on two soldiers in Far North Queensland.
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The Defence Department will fight claims it breached health and safety laws stemming from a crocodile attack on two soldiers in Far North Queensland.
Regulator Comcare brought the charge in August 2023 after the incident two years earlier in The Cape York Peninsula community of Portland Road, around 750km north of Cairns.
The Darwin-based Army members were transporting a landing craft from Darwin to Townsville for maintenance on August 6, 2021.
The pair, a private and a corporal, were given permission to go fishing in a Zodiac boat at Portland Road.
Comcare said that after anchoring the boat, the soldiers went swimming and were almost immediately attacked by a 2.5 metre saltwater crocodile.
“The crocodile dragged one of the soldiers underwater and mauled him while his colleague fought off the animal, allowing the men to escape to the Zodiac,” Comcare’s statement said.
“Both soldiers suffered significant injuries including bite and claw wounds and were treated at Cairns Hospital.”
In Brisbane Magistrates Court on Friday barrister Sarah Farnden KC, representing the Department of Defence, said the matter would be going to trial.
The attack was non-fatal but Magistrate Ross Mack inquired about the crocodile.
“I don’t actually know your honour,” Ms Farnden replied.
She estimated the largely “document-based trial” would take four to five days.
The case – which involves a single charge of failing to comply with a health and safety duty – is set to be heard in Weipa however the parties may seek to move it to Brisbane to avoid the large cost and inconvenience of holding a trial in that area.
The crown has eight witnesses who are based in Brisbane.
Mr Mack said he would discuss with Chief Magistrate Janelle Brassington an appropriate trial location.
The matter was adjourned to June 20.
Originally published as Department of Defence to fight claims of health and safety breach after soldiers attacked by crocodile
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