Pipeline prosecution delayed

By Kath Gannaway
GLENBURN cattle breeder Don Lawson will have to wait six weeks for any further action on his private-trespass prosecution of Melbourne Water staff working on the North-South Pipeline project.
The matter was adjourned at Seymour Court on Thursday after Melbourne Water lodged an application with the Office of Public Prosecutions requesting it to take over the prosecution.
Mr Lawson has an interest in the family company Lawson Angus, which runs cattle on leased land at Glenburn and is arguing that that interest gives him custodial rights over the land.
Mr Lawson’s barrister, Serge Petrovich, accused the Sugarloaf Pipeline Alliance of using a technicality to deprive Mr Lawson of his day in court.
Describing the move to bring in the OPP as cowardly, he said that under section 22 of the Public Prosecutions Act the Director of Public Prosecutions was given the power to take control of any prosecution and withdraw the charges.
“Generally this section is used when you get someone who wants to charge the Queen for breaching the Magna Carta, or someone wanting to secede from the Commonwealth – not a legitimate test of law such as in this case,” he said.
“If Melbourne Water and the Government are so confident they’re acting lawfully why are they trying to use a technicality to avoid a court hearing, to avoid scrutiny?” he said.
But Melbourne Water defends its right to call in the OPP saying its advice is that the charges are flawed and the case would be a waste of the court’s time.
Mr Petrovich told The Mail he would call on the Director of Public Prosecutions, Jeremy Rapke, QC, to refuse Melbourne Water’s application.