No jail for EPA attack
A South Australian waste removalist has avoided jail after assaulting two EPA workers.
An SA company has been fined $49,000 for illegally storing more than 17 tonnes of asbestos, and a waste removalist convicted of assaulting two environment protection officers received a suspended sentence.
The Environmental, Resources and Development Court was told removalist Gavin Piller snatched a camera and audio recorder from an SA Environment Protection Authority (EPA) workers.
Evidence suggested Mr Piller “lost the plot” and grabbed one of the officers by the shirt, pushing him to the ground and punching him in the head.
Mr Piller was reportedly pulled off the officer and grabbed a piece of wood before he was disarmed from behind.
Judge Paul Muscat said Mr Piller's behaviour was “unprovoked”.
“[It was] totally out of order and inexcusable in every respect, and nor was it the first time he's been unable to control his behaviour,” Judge Muscat said.
EPA officers were documenting the contents of two skip bins that contained wrapped and unwrapped asbestos on April 3, 2018 at Largs Bay when they were abused and attacked.
One of the EPA officers has since sought a transfer to a role that involves less involvement with the public.
Mr Piller's company, GP and Sons, had a history of complaints dating back around 5 years. In 2015, the EPA attended one of the company's sites to discuss a large amount of dust causing an environmental nuisance.
Even at that time, Mr Piller's behaviour was described as “abusive, insulting and threatening”.
“It's not as if Gavin Piller comes before this court with an unblemished character,” Judge Muscat said.
Mr Piller was convicted of two counts of assaulting an EPA officer, using abusive language and two counts of hindering an EPA officer.
His 12-month jail sentence was suspended, with the court imposing a $500 good behaviour bond and a $2,100 fine.
“In my view this assaultive conduct is so serious the only penalty that can be justified is imprisonment,” Judge Muscat said.
“Despite the seriousness of the assault I am satisfied good reason exists to suspend the sentence on the basis of Gavin Piller's guilty plea and his reformed character as demonstrated by his hard working and charitable qualities over the past 36 years.”
GP and Sons pleaded guilty to illegally stockpiling seven tonnes of asbestos at its Wingfield depot, and a further 10 tonnes at its Largs Bay depot.
Judge Muscat said the company showed a blatant disregard for its responsibilities under the Environmental Protection Act and “exposed the community and its own employees”.
The company was fined $49,000.
The EPA says the matter will send a strong message to “anyone attempting to intimidate or assault EPA officers during the course of their duties”.
“This type of illegal activity will not be tolerated — it risks both harm to the environment and the community, and damages confidence for investment and fair play for legitimate waste operators,” EPA chief Tony Circelli said.
Mr Piller has written a letter of apology addressed to the court, the EPA and its officers, expressing regret and accepting “full responsibility for his poor and unacceptable behaviour”.