A ‘misfit, pest’ but not guilty
ABSOLUTELY a pest, absolutely a misfit, definitely annoying – and not guilty.
This is how a Gold Coast magistrate has described a CFMEU member before finding him not guilty of two counts of attempting to obstruct a Commonwealth public official.
Glazier Daniel Wilson, 38, was acquitted following a day-long hearing in the Southport Magistrates Court on Tuesday.
Wilson was singled out by then-prime minister Malcolm Turnbull as a reason to reintroduce the Australian Building and Construction Commission watchdog during the 2016 Federal election.
Prosecutors unsuccessfully alleged Wilson obstructed Fair Work Building and Construction inspectors Kenneth Fitzjohn and Graeme Littlejohn during an audit of The Star Gold Coast casino redevelopment in Broadbeach on November 16, 2016.
The court was told Wilson, a health and safety representative, “burst into a room” during a meeting with FWBC inspectors and a project manager.
Wilson told the project manager there had been an industrial incident involving a concrete pump which had been resolved.
Parts of the interaction were recorded on mobile phones held by inspectors who claimed it prompted them to cancel their audit.
Witness and complainant Fitzjohn claimed workers on site had called out to Wilson saying “Get ’em Dan, go get ’em” earlier in the day.
Fitzjohn also claimed Wilson called out to his group ‘Why don’t you go upset Grocon”, which was said to be in reference to bitter disputes between the construction company and the CFMEU.
Defence barrister Timothy Ryan, instructed by Hall Payne Lawyers, said Wilson did not know the inspectors were public officials until he was told in the site office.
Mr Ryan said his client could not be convicted of the offence even if he was acting pedantic, loud or rude.
In the witness box Wilson said he was militant in enforcing safety on worksites, at one point choking back tears.
Magistrate Pamela Dowse said the prosecution had not proved charges beyond a reasonable doubt.
In delivering her not guilty verdict, Ms Dowse said the investigation left a little bit to be desired and gave Wilson a verbal volley for his behaviour.
“It does not appear to me that Mr Wilson has interrupted the meeting to hinder the meeting,” Ms Dowse said.
“He is definitely interrupting the meeting, he is absolutely a pest, absolutely a misfit, with respect to the job, and he was definitely annoying them.”
HE IS ABSOLUTELY A PEST, ABSOLUTELY A MISFIT, WITH RESPECT TO THE JOB, AND HE WAS DEFINITELY ANNOYING