Power on: WA businessman defends board role for Nev Power after criminal conviction

Strike Energy chairman John Poynton has defended former Fortescue chief Nev Power’s continued presence on the energy explorer’s board, describing his criminal breach of Western Australia’s hard border as an “aberration”.

Power resigned from his directorships at Perth Airport, Royal Flying Doctors Service and the WA Museum after he and his son Nicholas received suspended eight-month jail terms for breaching COVID-19 quarantine laws by sneaking into the state without permission in their helicopter in October 2021.

Strike Energy chair John Poynton.Credit: Erin Jonasson

However, he remains in lucrative director roles on the boards of HR services company APM, Strike Energy, and junior miner Genesis Minerals. Until Wednesday none of these ASX-listed companies had publicly explained why Power remained on their board after his criminal conviction.

Speaking at a Business News breakfast in Perth on Monday, businessman and former Crown Resorts director Poynton said his friend Power’s conviction had impacted the company’s reputation, but Strike’s major shareholders still wanted him there.

“Well it has been a bit of a problem because obviously, you have a reputational impact but on balance is that person going to add value as we approach building a $3 billion dollar urea plant and all those things that we’re trying to do? The answer is yes,” he said.

“The check and balance is what do the shareholders think? And they agree.

“We checked with most of our larger shareholders … and they said we definitely want Nev to stay on the board and come back.”

In 2020, Power was appointed by Prime Minister Scott Morrison to lead the National COVID-19 Coordination Commission.

In February, he and his son pleaded guilty to breaching WA border restrictions when they flew a helicopter from the family’s Queensland cattle station to Perth without entry permission from the WA government and failed to quarantine.

Their lawyer argued “cognitive distortions” while stressed had contributed to Power’s decision-making at the time.

Poynton said he admired Power as a “man of integrity” but their friendship did not affect his decision making about the issue. He also said Power’s criminal conviction did not breach the Corporations Act.

“The test as to whether you’ve breached the Corps Act, and in the case of an offence is you’ve got to be convicted of an offence that has a sentence of more than six months. Tick that box,” he said.

Poynton said Power’s failure to apply to enter WA in his helicopter did not breach honesty requirements set out in the Act.

“If you give a wrong answer a false answer to an inquiry, you’re dishonest. If you don’t actually put in a document that you probably shouldn’t have or you should have, then is that dishonest?

“As directors, we wanted to check, so we’ve had advice that there was no breach.”

Former National Covid commission chair Nev Power (right) leaves Perth Magistrates court after a sentencing hearing for breaching WA covid regulations.Credit: Trevor Collens

At his sentencing, Deputy Chief Magistrate Elizabeth Woods said Power and his son had shown a “significant lack of judgment with potential for very serious consequences in the community”.

Poynton said the board could not force Power to resign and shareholders would have the opportunity to remove him from the board at Strike’s AGM in November.

He said Power still had an “enormous amount of support” from the community, which included senior politicians, business people and shareholders.

“Going forward if there were another aberration then they’re not aberrations anymore, they’re a change of character. I doubt there will be though,” he said.

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