Cleanaway, responsible for fatal 2014 South-Eastern Freeway crash, says magistrates court can’t punish it, is tired of bad publicity
The waste company responsible for the fatal 2014 South-Eastern Freeway crash says Adelaide’s court lacks power to punish it - and is sick of the bad publicity.
Police & Courts
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Australia’s biggest waste company says an Adelaide court has no power to punish it for the horror 2014 South-Eastern Freeway crash – despite having found it guilty.
On Thursday, Cleanaway asked the Adelaide Magistrates Court to spare it “further detriment” from “adverse publicity” and dismiss its own verdict.
It said the court “lacked jurisdiction” to impose the maximum $3 million fine it faces – and against which it has launched yet another appeal.
Under federal law, the Magistrates Court is limited to imposing 10 per cent of the maximum – in this case, a $300,000 fine.
The company’s submission found little favour with Magistrate Simon Smart, who said the long-running case was already “a marathon”.
“With the course this matter is taking, I could be revisiting the question of penalty in two years’ time, by which stage I hope to be retired,” he said.
The crash, in August 2014, killed drivers Jacqui Byrne and Tom Spiess, and injured Mr Hicks and driver Louise Compton.
Criminal charges against both Cleanaway and the truck’s driver, Darren Hicks were dropped, but the company was successfully prosecuted for failing to properly train him.
Cleanaway appealed that decision, successfully overturning six of the eight guilty verdicts and avoiding a maximum $12 million fine.
On Thursday, Gary Livermoore QC, for Cleanaway, said his client’s new appeal could see even those two guilty verdicts erased.
If that failed, he said, any penalty should be determined by the Supreme Court – not by Mr Smart – ensuring the least amount of “publicity” possible.
“If Your Honour proceeds to a penalty hearing, that will be reported by the media,” he said.
“Cleanaway will suffer the detriment of having that adverse publicity even if our appeal is successful.”
Commonwealth prosecutors said the court should not be concerned with publicity, but with the public interest in bringing “this very, very long matter” to a conclusion.
Mr Smart will hear further argument in November – prior to the scheduled appeal hearing.
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