Cape grazier cleared

A CAPE York grazier in a landmark trial has been found not guilty after being the first to be charged with alleged criminal breaches of the Aboriginal Cultural Heritage Act.

In the Cairns District Court, Kingvale Station owner Scott Alexander Harris pleaded not guilty to charges that related to land clearing at two sites without undertaking reasonable and practical measures to ensure no harm came to sites of Aboriginal cultural heritage.

The offence at the station north of Cooktown allegedly took place between January 22 and May 13, 2016.

During the final day of the trial Judge Julie Dick instructed the jury to return a notguilty verdict as charges could not be proved beyond reasonable doubt.

“It’s a circumstantial case … there is a reasonably competing hypothesis consistent with innocence and I have to come to the conclusion that the Crown cannot prove the case beyond a reasonable doubt,” she said.

“You won’t be retired to consider your verdict, instead (I’m) directing that you must return a verdict of not-guilty of the offence which will be read out to you,” Judge Dick said.

Queensland Parks and Wildlife Service alleged no study or survey of the land had been undertaken by Mr Harris.

“But they can only speak within their knowledge,” Judge Dick said.

The court found Mr Harris had obtained a permit from the Cape York Land Council, evidence from Aboriginal elder Michael Ross was out of date, mail addressed to the accused had gone to an incorrect address and one of the parties giving evidence – the Olkola Aboriginal Corporation – was set up in December 2017 after the date of the alleged offence.

“So there were problems with it,” Judge Dick said.

Despite the failure to carry out studies, undertake database searches or consult with traditional land owners – which could have been interpreted as “reasonable and practical measures” to conserve Aboriginal heritage – Mr Harris was excused by Judge Dick and walked from the courtroom.

Judge Dick praised the Crown’s legal team for a gutsy prosecution of the law but a clumsy Aboriginal Cultural Heritage Act meant she was forced to remove a possible conviction of Mr Harris as an option for the jury.

Judge Dick’s ruling concludes a long-running legal battle which began in 2018.