Rea in court over grading
GRAZIER Allen Rea faces two charges for the same action of digging up a road, a court heard yesterday.
Mr Rea was charged last year by the Rockhampton Regional Council with trespass and altering a road without authorisation.
He has claimed he used a grader to fix a section of Stanage Bay Road when his request for council to repair the road was ignored.
Yesterday defence lawyer Tom Polley said the charges were “duplicitous” because they both alleged the same act – digging up the road. Mr Polley said Mr Rea couldn't therefore be convicted on both charges.
He also said the court documents had been filed by council chief executive Evan Pardon in his personal capacity when they should have been brought by the Rockhampton Regional Council.
Tony Arnold, representing the council, said Mr Pardon's complaint was valid because as an employee of the council he could file a complaint on his own behalf.
Mr Arnold said the grading of the road gave rise to a number of offences of which digging up the road and then changing the “structure” of the road were two distinct parts.
Mr Rea said the council was wasting ratepayers' money on its prosecution of him.
“Rockhampton Regional Council does not encourage self help and terrorises well-meaning landowners who want to repair flood damage that council cannot afford to undertake,” he said.
Magistrate John McGrath reserved his decision.