Nod for Mt Lyell deaths probe

A CORONIAL inquiry into the deaths of three Mount Lyell mine workers can recommence after getting a High Court nod to comb through a “woefully inadequate” report into the tragedies.

Copper Mines of Tasmania lodged an appeal with the nation’s highest court following a June decision by the full court of Tasmania’s Supreme Court, which allowed the inquest to examine documents produced by consultant John Webber.

But late last week, High Court judges Michelle Gordon and James Edelman said CMT had not identified any reason to doubt the correctness of the Tasmanian court’s decision, dismissing the company’s application for leave to appeal.

The inquest, which began in April last year but was put on indefinite hold while CMT pursued its appeal options, can now recommence, although a new date has not yet been set.

A government spokesperson said the Justice Department was unable to comment on the appeal dismissal, saying the matter was now for the coroner.

The June decision allowed Mr Webber’s evidence to be considered by Coroner Simon Cooper.

Mr Webber, a first-time expert witness, was engaged by the Tasmanian Government to prepare materials not only for the inquest but also to prosecute CMT over the death of Michael Welsh, who died in a mudslide at the mine in 2014.

The criminal charges were dropped after Mr Webber’s report was deemed inadmissable by the Magistrates Court.

Mr Webber was due to give evidence at the inquest on April 27 last year, but CMT appealed to Tasmania’s full court of the Supreme Court, arguing that allowing him to do so would deny the company procedural fairness.

But Chief Justice Alan Blow, Justice Robert Pearce and Acting Justice Shane Marshall said the coroner should not be constrained in his investigation, even if the evidence was “poorly presented”.

“It may well be that thorough and appropriate crossexamination of Mr Webber will be a difficult and timeconsuming exercise,” the judges said in June.

“But a man has died, and there is a witness who may well be able to provide very useful evidence as to the circumstances, and as to appropriate precautions to avoid future deaths.”

The inquest will also examine the 2013 deaths, following a platform collapse, of Alistair Lucas and Craig Gleeson.

CMT did not respond to the Mercury’s requests for comment.