D-day looms for Yeppoon dumped drums co-accused Jason Lee Atkins

After more than 12 months of court adjournments, Magistrate Cameron Press has moved to ensure there are no more delays in relation to one of the two men charged over the 2019 incident.

The drums dumped in a lagoon north of Yeppoon. File photo.

After more than 12 months of court adjournments, a magistrate has moved to ensure there are no more delays in relation to one of the two men charged over drums of waste allegedly found illegally dumped in a Yeppoon lagoon.

In Yeppoon Magistrates Court on Thursday, Zak Wicker-Miah, lawyer for the complainant, the Department of Environment and Science, said he was “increasingly concerned” about the delays in the matter of Jason Lee Atkins, 39, who appeared with legal representation.

Mr Atkins and Eric Karl Davis, 42, are facing numerous charges including wilfully causing material environmental harm after 13 drums were found at two sites near Yeppoon in 2019.

Mr Davis has a hearing date set for a Rockhampton court on December 9, while for Mr Atkins, who has had numerous adjournments over the past 12 months, it was Magistrate Cameron Press on Thursday who moved to ensure there were no more delays on Mr Atkins’ behalf.

After hearing from the department’s lawyer, and the solicitor representing Mr Atkins, Magistrate Press addressed Mr Atkins.

“Subject to hearing anything further, I’m going to mention it (matter) on the 30th (September), right,” Mr Press said.

“But I want to be in a position on that date, to hear on whether the plea of guilty that was entered on the 29th of July, should be maintained or whether you wish to... withdraw it, right.

“But you’re going to need to get that letter to Legal Aid now, right. And then hopefully get some legal advice about that situation, alright? Do you understand that?”

Mr Atkins replied: “Yes, Sir.”

Jason Lee Atkins.

Mr Press asked both the solicitor representing Mr Atkins and the lawyer for the department if there were any objections to that process, to which both said they had none.

Mr Wicker-Miah then said: “We are getting increasingly concerned as to the delay in this matter.”

He further told Mr Press that if Mr Atkins’ matter was to proceed to a hearing, they wanted the hearings of both co-accused to run together.

Mr Press replied: “Alright, well this is what’s going to happen when it comes back before me on the 30th.

“If it is not indicated that the pleas of guilty are being maintained, I may well take the position that the matter will go to hearing on the 9th of December in Rockhampton, along with the other one, right.

“And it will be up to you, Sir (Mr Atkins), to get legal representation whether it’s Legal Aid or whether you pay for it privately, right.

“The matter has been dragging on since August last year, when it was first mentioned.

“You (Mr Atkins) have not assisted the situation at times, right.

“It can’t continue on that basis, alright.

“So you either tell the court what’s happening... in two weeks’ time, what’s happening with those pleas - alternatively the matter may well get set down for hearing in Rockhampton on the 9th of December, right.

“And you will have to represent yourself if you don’t get legal representation, alright.”

The court heard that Mr Atkins’ had already been issued a brief of evidence.

“So it is now up to you, Sir, to do something before this matter is set down for hearing, alright. Or set down for sentence, whichever way you wish to go,” Mr Press told Mr Atkins.

“One way or another this matter is going to be finalised before the 9th of December or on the 9th of December with a hearing, alright.”

Mr Atkins was remanded to appear in court again on September 30 and his bail was enlarged.