Mount Jukes FIFO miner denies plotting to destroy yoga resort
Four witnesses have testified in a colourful court battle between the owner of a $795 per person yoga retreat and his 260-acre cane farm owner neighbour over noise. LATEST.
The owner of a 260-acre cane farm who was accused of colluding to destroy his neighbour’s yoga resort claimed he was simply gardening and had a “right to privacy” when filmed using a chainsaw on his own property.
Martin James Olsen was one of four witnesses who testified in Mackay Magistrates Court after David Deakin alleged they taunted his business with gunshots, chainsaws noise and excavating.
Mr Deakin’s Mount Jukes Eco Resort, which he built from scratch, promised guests a weekend of yoga and sound healing wrapped in nature with glamping tents and outdoor ensuites priced up to $795 a head.
But Mr Deakin told the court the peace of the lodge was shattered in May 2024 when he alleged his neighbour began months of conspiring with another person to purposefully drive excavators as early as 6am, drive quad bikes, fire gunshots late in the night and rev chainsaws in an attempt to run his business to the ground.
The court heard the alleged dispute flared up when Mr Deakin denied one of the men access to an easement while they were working on Mr Olsen’s property.
In a video played to court, Mr Olsen could be seen using a chainsaw on his own property before yelling at Mr Deakin “you f****** right there mate? Don’t you know it’s against the law to film someone on their own f****** property, you f*** head”.
It was one of several phone recordings provided to the court by Mr Deakin.
Mr Olsen’s lawyer, Sam Hill, suggested those threats were made up, arguing that even if his client did make the comments, they wouldn’t constitute a threat to assault.
David McKenzie, who owns a 700-acre cattle property next door to Mr Deakin, told the court the gunshots likely related to him carrying out weekend pest control.
Mr Olsen’s brother and partner also testified in court and said they were also not aware of any retreats taking place while they used chainsaws to clear a path on their property.
Mr Deakin filed a Peace and Good Behaviour application against Mr Olsen in Mackay Magistrates Court after Mr Olsen allegedly said, “I’m going to f*** you and your retreat” and “I’m coming to get you” during a month’s long dispute over noise complaints.
Another video, which was provided to the court in two separate files - each with a different set of dates - showed an excavator being driven in the early hours of the morning.
Mr Deakin could not verify whether it was his neighbour driving the machine.
During a near four-hour part heard trial, Mr Hill told the court his client simply conducted maintenance works along his property and that Mr Deakin’s claims were based on “speculation”.
He also argued that peace and good behaviour application could only be applied if actual damage was done to “tangible property” meaning Mr Deakin had no case to answer for.
Mr Deakin’s barrister, Scott McLennan argued that the term property, in relation to a peace and good behaviour application, extended to the “good will of that business” or the value of the land which were both affected as a result of the dispute.
Magistrate Bronwyn Hartigan told Mr McLennan that if he was to prove deliberate threats, his client should seek relief in the Supreme Court to end the dispute.
Ms Hartigan adjourned the trial before delivering a verdict.
