Michael Moresi, Velly Mapesone plead guilty to breaching public health orders while working in Lake Macquarie

A magistrate has refused to deal with the case against two Sydney tree loppers who breached public health orders while working in the Hunter, telling the court it wasn’t clear what crime was committed.

A magistrate has refused to sentence two Sydney tree loppers who breached lockdown orders to work in the Hunter — one week after being fined for the same act — until police can explain one of the charges against the men.

Michael Moresi, 37, from Whalan, and Velly Mapesone, 25, from Leumeah, each pleaded guilty in Toronto Local Court on Tuesday to not comply with noticed direction and not ensure true and accurate information provided to Service NSW.

Four tree loppers from Sydney were charged with breaching public health orders while working in Cardiff in September.

The confusion arose from the second charge, with both the police prosecutor and the duo’s lawyer unable to explain what lie had been told to gain a work permit.

Moresi and Mapesone were among four tree loppers charged by police as they door knocked for work in Cardiff on September 9.

The same group had been fined a total of $33,000 just one week earlier for breaching public health orders by leaving their homes in local government areas of concern to work in the region.

Defence lawyer Jack Dunn told the court there was uncertainty about where the men were allowed to work.

“They have a supervisor who is not before the court today … the supervisor doesn’t live in an area of concern,” Mr Dunn said.

“Half the company lived in local government areas of concern and the other half didn’t.

“There were some logistical and geographical issues regarding that.”

The men appeared at Toronto Local Court via video link. Picture: Google Maps.

Mr Dunn said the men were working on a residential property when charged and had no intention of participating in non-work-related activities while in the region.

But magistrate Peter Barnett said the onus was on the men to understand the rules.

When Mr Barnett asked what lie had been told to Service NSW to constitute the second charge, both Mr Dunn and the police prosecutor were unsure.

“I am not going to deal with either of them because I don’t know what I am being asked to deal with,” Mr Barnett said.

“I can’t deal with someone for a crime if I don’t know what it is that constitutes the crime.

“I’m giving you two weeks to sort it out.”

The same charges against the men’s co-worker Kings Sione, 41, from Kingswood, were withdrawn by police, with the court hearing he was not residing in an LGA of concern while working in Lake Macquarie.

Another worker Muagututia Pesa, 57, from Colyton, also facing the same charges, had his case adjourned until a Samoan interpreter could assist the court.

Moresi, Mapesone and Pesa will return to court on November 16.