Mine deaths inquest back after ruling

COURT action that has stalled an inquest into the deaths of three miners in Queenstown has ended, with the Supreme Court ruling seven documents relating to one of the deaths be received as evidence.

Coroner Simon Cooper is investigating the January 2014 death of Michael Welsh, 53, who died in a mud rush at the Copper Mines of Tasmania Mt Lyell mine.

The inquest is also examining the December 2013 deaths of Alistair Lucas, 25, and Craig Gleeson, 45, who died after a platform they were working on in the mine collapsed.

The inquest into the three deaths has been on hold pending the Full Court decision which was handed down yesterday. The court ruled Mr Cooper should receive documents mining consultant John Webber commissioned and took into account in writing his report relating to Mr Welsh’s death.

Copper Mines of Tasmania had argued it would be denied procedural fairness if Mr Webber’s report, the seven “source documents” and oral evidence from Mr Webber was received.

Justice Stephen Estcourt previously ruled the source documents could not be received by Mr Cooper, but he did not prohibit Mr Cooper receiving Mr Webber’s own report or his oral evidence.

The State Government appealed against that decision, arguing the seven documents should also be received by Mr Cooper.

“Their contents might well be able to assist the coroner in discharging his duty to investigate how the death of Mr Welsh occurred,” Chief Justice Alan Blow said in the decision handed down yesterday.

“It may be that the contents of one or more documents will be so significant that his duty of procedural fairness will require him to call the author or authors to give oral evidence for the purposes of cross examination. He has not ruled that out.”

Copper Mines of Tasmania also appealed against Justice Estcourt’s ruling, arguing all of Mr Webber’s evidence be prohibited. That appeal was lost.

The company was convicted and fined $225,000 in 2016 for failing to provide a safe workplace over the deaths of Mr Lucas and Mr Gleeson.

The company pleaded not guilty to the same charge in relation to Mr Welsh’s death and the case was dropped after evidence from Mr Webber was disallowed.

The inquest will resume on a date to be fixed.