Clinton Benjamin Leisha, Cody Alexander Kupke were spotted by Aurizon worker stealing copper

Two men who were discovered by police ripping copper wiring out of a rail track, which put lives at risk from electrical charge, caused more than $45,000 damage.

Two men who were discovered by police ripping copper wiring out of a rail track, which put lives at risk from electrical charge, caused more than $45,000 damage.

Clinton Benjamin Leisha, 35, and Cody Alexander Kupke, 34, pleaded guilty on August 15 in Rockhampton District Court to one count each of stealing and wilful damage part of a railway.

Crown prosecutor Millie Volck said a train driver observed the pair along a rail corridor near Dingo on August 10, 2021, about 12.45pm and reported it to police.

Police arrived about 1pm and came across Leisha first, who told them he was looking for a friend.

They found Kupke about 200 metres down the track.

“He appeared to be pulling on something,” Ms Volck said.

“He became aware of police and dropped the objects in his possession and ran into the bushes.

“A chase ensued and Kupke was caught and arrested.”

Police found Kupke in possession of a small cutting of copper wire in his pocket and he had dirty hands consistent with handling copper wiring.

At the location where Leisha was found, police discovered a pile of short length copper rods, a pair of bolt cutters and a pair of thongs about 10 metres from the railway track.

At the location where Kupke had been seen pulling something, police found a long length of copper rod protruding from the ground near the base of the railway power pole.

Copper used for rail lines acts as the “grounding” for objects that could build up a charge.

Without it, the lives of people aboard trains could be at risk of an electric shock.

Ms Volck said Aurizon advised, not only was there the potential risk to people’s lives, but the total damage bill from the pair’s offending was $46,458.33.

Kupke’s defence barrister Jordan Ahlstrand said his client had his three children aged three, four and six years old who were in his sole, full time care after their mother relinquished her rights to care for the children in 2020 due to her mental health issues.

He said Kupke was currently living in crisis accommodation and his youngest child had surgery pending.

Mr Ahlstrand said Kupke had asked relatives to take care of his children if he went to prison, however his mother was ill and none of his six half siblings were willing to assist.

He said his client had no issues with alcohol and the only illicit drug he used was marijuana.

Mr Ahlstrand said Kupke carried out the offending in a remote location where there were few passenger trains that could be at risk of harming people with the electrical shock.

He said his client desired to obtain copper to sell to provide for his children.

Judge Katherine McGinness said she got the impression Kupke didn’t really do anything to arrange care for his children if he was incarcerated and from his five-page criminal record he had “skirted through the justice system” having not served actual time in custody prior to the copper theft.

“It seems you came here today thinking you would just be let out in the community again,” she said.

“Your attitude, as someone in their 30s, is one of total irresponsibility not just towards the community, but towards those three poor children.”

Leisha’s defence barrister Maree Willey said her client’s defacto relationship ended as a result of Leisha’s presentence incarceration for this offending.

She said the father of two was “heavily involved” with his children.

Ms Willey said her client planned to live with his mother and return to working in roofing after his release from custody for this offending.

Leisha had a nine page criminal record and a four page traffic record, and was on bail at the time of this offending.

Kupke’s criminal record included convictions for burglary, property offences, assault occasioning bodily harm and drugs.

Judge McGinness sentenced both to two years prison, declaring 306 days presentence custody as time served for Leisha, and released both men on parole immediately.