Carborough Downs Brad Duxbury Fatality Prosecution. Three and a half years and now back to square one. RSHQ a Low Reliability Organization

The seemingly endless list of failures by the RSHQ to hold anyone in Senior Mine Management accountable for fatalities and grievous bodily injury at Queensland Coal Mines continues.

The fiasco that has been the legal actions against Carborough Downs Management defies comprehension.

It is now over three and a half years since Mr Duxbury lost his life and no one from senior management has been held to account and will not be for some time yet

On the 10 of May 2023, ICQ President Justice Peter Davis issued a decision some 29 pages in length.

https://archive.sclqld.org.au/qjudgment/2023/ICQ23-005.pdf

In part it states

Orders

In relation to each of the appeals, it is appropriate to:
1. allow the appeal;
2. set aside the orders made in the Industrial Magistrates Court at Mackay on 21 February 2022;
3. remit the complaint to the Industrial Magistrates Court at Mackay to be heard and determined according to law

Justice Davis found there was “no reason” why the Acting Magistrate Mr. Kennedy “could not have exercised his jurisdiction as an industrial magistrate”.

Further, Justice Davis found because the industrial Magistrate‘s jurisdiction “ousts that of the magistrates court” Mr Kennedy, who had been acting as a magistrate, should not have dismissed the case.

How on earth did the OHS Work Health and Safety Prosecutor, RSHQ and the Acting Magistrate get this all so wrong?

Fair dinkum, it is like it is all part of an old Three Stooges episode where they all run around in circles and then point at each other saying “How were we to know we were all made fools of?”

It is cold comfort for Mr Duxbury’s family, friends and workmates that Industrial Court President Davis has had to give the Three Stooges the old face slap and eye gouge treatment, and send them back to the start line.

It is now over 18 months since the Acting Magistrate heard the argument to dismiss the case and any future court date has not yet been set.

Justice delayed is justice denied