DPP appeals Michael Burbidge’s $15k fine for destroying Chris Wilson’s phone after chopper crash
The NT’s Director of Public Prosecutions is seeking a review of Michael Burbidge’s sentence in the Supreme Court on the ground it was “manifestly inadequate in all the circumstances”.
Police & Courts
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Prosecutors are appealing a fine handed to Remote Helicopters Australia owner Michael Burbidge in March for destroying Chris “Willow” Wilson’s phone following his accidental death.
Burbidge was fined $15,000 in the Darwin Local Court after pleading guilty to destroying evidence from the chopper crash that killed Mr Wilson during an ill-fated crocodile egg collecting trip in 2022.
But in a notice of appeal filed last week, Crown prosecutor Steve Ledek said the Director of Public Prosecutions was seeking a review by the Supreme Court on the ground that the sentence was “manifestly inadequate in all the circumstances”.
“The appellant seeks orders that the appeal be allowed, that the sentence imposed by the Local Court on 8 March 2024 be quashed and that a new sentence be imposed on the respondent according to law,” the appeal notice reads.
During the sentencing hearing in March, the court heard Burbidge was joined at the crash site by Mr Wilson’s Netflix co-star Matt Wright, businessman Mick Burns and ex-cop Neil Mellon, who handed Burbidge the phone, saying “Danni (Wilson) does not need to see what’s on that”.
Burbidge then flew back to Darwin to inform Ms Wilson of her husband’s death, disposing of the phone on the way.
Mellon has also pleaded guilty to destroying evidence and returns to court for sentencing on June 7.
Wright is due to face a Supreme Court call-over later this month.
Mr Burns was not charged.
At the time Mr Ledek told the court Burbidge “knew the phone could have held the answers to why his best friend was deceased and would have been a significant item of interest to anyone investigating the crash”.
“The offender spoke to the deceased’s family knowing he had destroyed something that more than likely contained evidence relevant to how he died,” he said.
Mr Ledek said there was no evidence “as to any data being on that phone that may have caused damage to the reputations” of either Mr Wilson or his wife Danni.
“(But) as the phone will never be recovered, the release of that information without foundation is arguably just as damaging as the destruction of the evidence itself,” he said.
In handing down the fine, judge Tanya Fong Lim said she accepted Burbidge was “truly sorry” and had “suffered both personally and financially” for his “misguided loyalty”.
But she said putting him on a good behaviour bond “would be sending a very wrong message to other people”.
“It does go to the heart of the justice system and must be discouraged,” she said.