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Criminal proceedings against Linc Energy in doubt

Wednesday, 7 Sep 2016 11:23:18 | Sharnie Kim

Criminal proceedings against failed resources company Linc Energy are in doubt after liquidators indicated they would seek to not answer environmental harm charges.

The company faces five counts of wilfully and unlawfully causing serious environmental harm at its Hopeland underground coal gasification plant on Queensland's western Darling Downs.

Linc Energy is accused of contaminating large swathes of prime cropping land in the area.

A Queensland Government-commissioned study found soil near the facility had been permanently acidified.

The prosecution today presented an indictment against Linc Energy in Brisbane's District Court.

Ralph Devlin QC, representing the Department of Public Prosecutions, said the company intended to plead not guilty, meaning the matter would proceed to trial.

"Obviously, the key question in Your Honour's mind that you may have satisfied yourself is about whether there is a public interest in so proceeding," he said.

"The DPP, those who instruct me, have considered that matter and determined the indictment should proceed."

Linc liquidators to invoke Corporations Act

However, lawyers for Linc Energy's liquidators told the court they would be making an application to the Supreme Court under the Corporations Act.

Linc Energy were placed into liquidation earlier this year, with estimated debts of about $300 million.

The offences allegedly happened between 2007 and 2013.

Barrister Craig Wilkins, acting for the liquidators, said it would apply for directions from the Supreme Court at a later date.

"The basis for seeking those directions is a submission that the liquidators lack power to cause the company to defend the prosecution," Mr Wilkins said.

"A very similar application was made successfully by the liquidators of Linc in relation to search warrant proceedings in the Supreme Court."

The matter was adjourned until October 19.

The ABC has sought clarification from Queensland's Environment Department as to whether it is still considering charges against Linc executives.



 

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