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Prosecution Details

Defendant Kingsley Wendall Holmes
Trading Name Not Applicable
Section 47(1)(ba)
Regulation Not Applicable
Offence Date Wednesday, 15 October 1997
Description of Breach(es)

Used insulting language to an inspector, lawfully acting in the performance of a function conferred on him under the Occupational Safety and Health Act 1984.

Background Details

A WorkSafe inspector had initially observed an unsafe wood chipper at a country Field Day. As the defendant was unavailable to be spoken to, the inspector visited the defendant's workplace at a later date to discuss his concerns about the wood chipper.

Upon entering the defendant's workplace Mr Holmes made several derogatory remarks to the inspector and became hostile.

The inspector tried to discuss his concerns about the wood chipper machine and provide guidance on how the machine could be modified to meet the requirements of the legislation and comply with the relevant Australian Standard. Again the defendant became threatening and verbally abusive towards the inspector.

This prosecution was withdrawn by the Crown Solicitor's Office because of delegation problems but before a replacement complaint was lodged the statute of limitation period had expired.

Outcome Summary withdrawn
Conviction Date 16 Dec 1998
Court Perth Court of Petty Sessions
Fine Nil
Costs Nil
Charge Number Not applicable