Nine drums of waste were found in a tidal lagoon near Yeppoon in October 2019.
Nine drums of waste were found in a tidal lagoon near Yeppoon in October 2019.

‘Dumped’ drums court case set to proceed to hearing

The court case involving two men accused of dumping drums in a Capricorn Coast lagoon is likely to proceed to a hearing in Rockhampton.

Last year Eric Karl Davis, 41, and Jason Lee Atkins, 38, were charged with wilfully causing material environmental harm, following a Department of Environment and Science investigation.

The Department charged Mr Davis and Mr Atkins following an investigation into the October 2019 discovery of nine drums allegedly dumped in a lagoon near Corio Bay Fish Habitat Reserve Road, at Farnborough.

The case involving Mr Davis and Mr Atkins, both of whom have not been required to enter a plea, has been mentioned numerous times in Yeppoon Magistrates Court.

The latest mention was on Thursday when Mr Atkins appeared in court, represented by a duty lawyer.

Mr Davis was not required to be present and he was represented by solicitor Brandon Selic.

Mr Selic told Magistrate Cameron Press that both he, and the prosecutor for the Department of Environment and Science, had come to the conclusion the matter could be dealt with at a Magistrates Court hearing.

Mr Press said that hearing would likely be at Rockhampton.

The court heard Mr Atkins’ legal aid application had been stalled because he had not received a copy of a brief.

On that basis, a further adjournment was sought.

Magistrate Press told Mr Atkins he had to follow up the legal aid application quickly.

“Because it’s not assisting by the matter dragging out,” Mr Press said.

“The onus is on you to move swiftly now because you should have that brief imminently.”

Mr Press adjourned the matter to April 1 when it is due to be mentioned again in Yeppoon Magistrates Court.

“It will be reviewed that day, and hopefully, a date of hearing can then be set in Rockhampton,” Mr Press said.

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