Ark Tribe Trial - Adjourned Again
On Thursday, Ark Tribe's trial heard all the evidence from key witnesses and will now be adjourned until September 13.
Magistrate David Whittle will receive written and oral submissions on the day. He’ll announce his findings after that on a later date to be determined.
Ark’s lawyers throughout the three day hearing have continually objected to the evidence brought forward, maintaining the case is not only unlawful and illegal but outside of the powers of the ABCC.
It was also revealed during the course of proceedings, that Australian Building and Construction Commission (ABCC) inspector Seamus Flynn admitted he had no evidence that Ark Tribe even attended the union meeting in question. Yet the ABCC’s coercive powers were used anyway.
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Day two of the trial on Wednesday saw Ark's defence lawyers test whether the ABCC inspectors had the authority to investigate and use coercive powers.
Ark's lawyers argued that the persons who conducted the investigation lacked the proper authority therefore he should not be convicted.
Michael Abbott, QC, for Ark, said “the law required investigators to believe, on reasonable grounds a unionist could assist a hearing before requiring them to attend.”
The key witness’s testimony was frequently interrupted as Federal prosecutors objected to questions asked by Ark’s lawyer. He had to leave the court several times as counsel argued points of law.
Ark Tribe, a 47-year-old construction worker who has been allegedly accused of failing to attend an interrogation by the Construction Star Chamber for the ABCC, faces a possible six months imprisonment as a result.
