Metarock loses court battle over Gregory Crinum mine death investigation

A Mackay based mining company which had 14,000 documents copied by an investigator has lost its battle in court over they had the right to enter. It follows a $600m contract and a tragic crushing death.

Emergency services were called to the Sojitz Gregory Crinum Coal Mine on Lilyvale Road near Emerald about midnight. , Workers were undertaking roof support works when the roof collapsed and a section of wall and ceiling fell. Paramedics assessed a 60-year-old man for critical injuries, however he died at the scene. His family has been notified of his death Picture Steve Vit

A mining services company has tried to block the safety watchdog from accessing documents after its Mackay office was raided in relation to ongoing investigations into a worker’s death.

Graham Dawson, 60, was killed and another worker was seriously injured and trapped underground for four hours after a partial roof collapse at Sojitz Gregory Crinum coal mine about 11p on September 21, 2021.

At the time the mine was operated by Mackay-based mining contracting service Mastermyne Group Limited that had been awarded a $600m contact for the project in June 2021.

To date no charges have been laid over the fatal incident.

In April 2024 RSHQ mine inspector Andrew Broadfoot raided the Mackay office for Metarock – the parent company of Mastermyne – and made copies of about 14,000 documents in relation to ongoing investigations into Mr Dawson’s death.

Graham Dawson.jpg

Recent court documents stated Rockhampton Magistrate Philippa Beckingsale, who issued the warrant, was satisfied there were reasonable grounds “for suspecting that there was a particular thing or activity that might provide evidence of an offence” and that the evidence was or might be at the workplace.

The court documents revealed Mr Broadfoot accessed Mastermyne’s server, Sharepoint facility, Crinum drives, as well as the general manager’s work computer, and employee and former employee email accounts.

“About 14,000 documents were identified as likely to be within the scope of the warrant” and copies were made.

In May ASX-listed Metarock took the matter to the supreme court in a bid to have the warrant quashed or made invalid and the seizure deemed unlawful because the warrant did not include certain information.

RACQ CapRescue responded to a collapse at the Sojitz Gregory Crinum Coal Mine near Emerald where a worker was crushed to death. Picture: RACQ CapRescue

The company also wants all documents and items seized returned and for the disclosure of all material provided to the magistrate at the time of the warrant application.

Metarock has argued Mr Broadfoot “went beyond exercising those powers for the purpose of conducting an investigation”.

RSHQ and Mr Broadfoot want Metarock’s application for review to be stayed or dismissed, arguing the latter “had authority to copy documents found at the workplace independently of any authority conferred by the warrant” under the Coal Mining Safety and Health Act.

It was also argued it was not in the public interest for all material obtained during an ongoing investigation be disclosed as it contained information about “potential offences suspected to have been committed”, as well as the “evidential basis for the suspicions” including the types of documents reasonable suspected to be at the workplace.

A 60-year-old man died on site in September 2021 at the Sojitz Gregory Crinum Mine after a roof collapse.

They argued “if any persons the target of the investigation gain knowledge of an inspector’s interest in them such persons may take steps to deflect the inspector’s interest”.

Supreme Court Justice Michael Copley found Mr Broadfoot, who is a serious accident investigations unit investigator, had authority to enter Metarock’s workplace even in the absence of a warrant authorising entry.

“The validity or otherwise of the warrant upon which (he) relied to enter had no effect on (Metarock’s) rights because (Metarock) had no right to refuse the first respondent entry,” Justice Copley said.

“That unit was investigating the cause of the serious accident at Crinum Mine where a worker died and another worker was injured and whether all statutory position holders complied with their statutory safety and health obligations.”

Gavin Feltwell, 59, died at Moranbah North underground mine shortly after 10pm Friday, March 25, 2022, when a four-tonne load shifted and fell while he and others were dismantling conveyor equipment. He suffered critical head injuries and died at the scene. Picture: Facebook

Justice Copley dismissed the application for review and refused the application for disclosure.

The argument regarding the return of the 14,000 documents remains ongoing.

This is not the first time Metarock has been subject to an RSHQ investigation following a mine death.
Mastermyne contractor Gavin Feltwell suffered critical head injuries about 10pm March 25, 2022 when a four-tonne load shifted and fell while he and others were dismantling conveyor equipment underground at Moranbah North mine.

In late 2023 Mastermyne Contracting Services was charged over the death and the matter is expected to be finalised in Emerald Magistrates Court later this year.