Seth James Machno, Roxanne Michelle O’Brien and Deke Vincent O’Brien busted with 230 marijuana plants at Byfield

Harvested marijuana was uncovered at the site of two Central Queensland businesses in what has been described as “designed criminal conduct” in a location hidden in bushland. Here’s what happened to the three people who were charged after a police raid.

Three Byfield residents have walked out of court with suspended prison sentences after being busted growing 230 marijuana plants and possessing 21 kilograms of harvested marijuana.

Seth James Machno, 39, his defacto partner Roxanne Michelle O’Brien, 41, and her brother Deke Vincent O’Brien, 46, pleaded guilty on July 11 in Rockhampton District Court to one count each of producing a dangerous drug, possessing property used to produce a dangerous drug, and possessing more than 500 grams of a dangerous drug.

Crown prosecutor Matthew Sutton said on July 23, 2021, the plants, production items and harvested marijuana were uncovered during a search warrant executed at the property owned by the trio and where Ms O’Brien and Machno operate two businesses from – Mountain View Hay and Mulch, and Mountain View Sawmill.

The location is surrounded by national park.

The trio had been growing the marijuana plants between January 2021 and July 2021, with the plants found being one metre to 2.15 metres tall with two crop sites – one hidden in nearby bushland and the other in a neighbour’s yard.

The court heard the neighbour was a wheelchair-bound elderly man.

Defence lawyer Allan Grant leaves Rockhampton courthouse with clients Roxanne Michelle O’Brien, 41, and her brother Deke Vincent O’Brien, 46, who were sentenced to two years prison, wholly suspended with a four-year operational period for a marijuana plantation of 230 plants at a Byfield property.

Mr Sutton said while the crops were hidden from the ground view, they were “quite prevalent” in aerial photographs provided to the court.

Police found chemicals, 2000-litre water tanks, irrigation pumps including a 1500-watt water pump, gardening toys, a roll of cryovac bags, a cryovac machine, digital scales, clip-seal bags, industrial fans, air conditioners, and other items all used in the production of marijuana.

Mr Sutton said the crops were fed water via a water pump running from a nearby dam.

He said the 21kgs of marijuana was located throughout the property.

Mr Sutton told the court the Crown did not allege the marijuana was being produced for commercial purposes with all three defendants now having prescriptions for medical marijuana for various medical conditions.

Defence barrister Jordan Ahlstrand said the defendants had intended on making marijuana oil with their harvest and using it to treat various health issues, from depression and anxiety, to carpal tunnel syndrome, arthritis and rheumatoid arthritis.

He said Mr O’Brien received a $140,000 redundancy payout for working in explosives in the mines in 2015 and he gave $100,000 to Machno and Ms O’Brien for the purchase of the property on the proviso he could live in a donga there rent free.

Seth James Machno, 39.

Mr Ahlstrand said Machno and Ms O’Brien operated Mountain View Hay and Mulch from the property and then purchased Mount View Sawmill in 2019 which Mr O’Brien helped run.

He said Machno had worked as a tiler and now drove water trucks for Cap Coast Water.

Judge Jeff Clarke commented the trio had “a pretty impressive property” on the items he could see in the aerial photographs along with items listed in the evidence before the court which included a boat, massive sheds, pond, donga, seven trucks and the water tanks.

He said the trio carried out “designed criminal conduct” in an isolated location, hidden in bushland.

The O’Briens had no criminal records and Machno had been convicted for growing 12 marijuana plants and possessing 8.6g of marijuana in 2011.

Judge Clarke sentenced all three to two years’ prison, wholly suspended for a four-year operational period.