Anglo workers to claim ‘self-incrimination’ privilege at blast probe

Anglo American has indicated its senior employees will refuse to answer questions at an inquiry investigating a methane explosion.

Anglo American metallurgical coal chief executive Tyler Mitchelson arrives at the Brisbane Magistrates Court to give evidence to Queensland's coal mining board of inquiry. Photo: Glenn Hunt

Mining giant Anglo American has indicated its senior employees will claim privilege against self-incrimination and refuse to answer questions at an inquiry investigating a methane explosion at its Grosvenor coalmine.

Board of inquiry chair Terry Martin has delayed the hearings into the May 6 blast — which badly burned five workers at the central Queensland underground mine — and urged the state government to change the law so the Anglo witnesses can be compelled to give evidence.

The board of inquiry was due to start public hearings on Tuesday, but because of the legal issue and a delay in experts finishing reports into the explosion, the hearings will now be delayed until next year, with a final report to be delivered in May.

It is understood the government is keen to ensure all parties found to be responsible for the explosion are prosecuted, and wants to minimise the risk the public inquiry will derail future prosecutions.

Mines Inspectorate investigators have not finished their investigation into the explosion, so the Work Health and Safety Prosecutor has not been able to consider potential charges.

Retired District Court judge Mr Martin said the board of ­inquiry provided a witness list to Anglo’s solicitors on August 24.

Two days later, Anglo’s senior counsel wrote back, advising “the prospect of widespread claims of privilege against self-incrimination by many, if not most, of the Anglo employees to be called as witnesses”.

“To avoid the risk the board’s investigation would be frustrated, (the board) respectfully requested the minister (Anthony Lynham) take the necessary steps to have the act amended such that whilst a witness’s right to claim privilege against self-­incrimination is maintained, the board also has the power to compel the witness to provide all relevant evidence in public to the inquiry,” says the board’s interim ­report, released late on Friday.

In a statement, Mr Martin said the board accepted the “current refusal to answer such questions is justified”.

“There can be no criticism of the position taken by these witnesses. Privilege against the risk of self-incrimination is a fundamental right each of us has.

“However, the consequence is the board cannot, at this stage, meaningfully inquire into the 27 methane exceedances or the ­serious accident at the Grosvenor mine.”

The board had been required to deliver its final report to Mines Minister Dr Lynham by November 30, but this date has now been pushed back and the report split in two.

The Grosvenor findings will not be made public until May 31 next year.

The board’s interim report did not make findings of fact, but suggested it would consider recommendations including an overhaul of bonus schemes for mine workers that “inadvertently encourage the under-­reporting of injuries”.