Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 3) [2014] NSWLEC 79

Land and Environment Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 3) [2014] NSWLEC 79 Hearing dates: 16 - 18 June 2014 Decision date: 18 June 2014 Jurisdiction: Class 5 Before: Craig J Decision: 1. Stand over the trial part-heard to Thursday 3 July 2014 at 9.15am for directions and to fix a date for hearing. 2. I note the offer of the Prosecutor to approach the Law Society of New South Wales to indicate the desirability of providing assistance to the Defendants in the further conduct of this trial. Catchwords: PRACTICE AND PROCEDURE - application by prosecutor for adjournment of trial - trial already commenced -self-represented defendant - evidence appeared not to have been read or understood by defendant - limited capacity to read English - potential for trial to miscarry - not a fair trial - adjournment granted Legislation Cited: Criminal Procedure Act 1986 (NSW)

Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Environment Protection Authority v Sydney Drum Machinery Pty Ltd [2014] NSWLEC 10

Environment Protection Authority v Sydney Drum Machinery Pty Ltd (No 2) [2014] NSWLEC 78 Category: Procedural and other rulings Parties: 5007-5009 of 2013 Environment Protection Authority (Prosecutor) Sydney Drum Machinery Pty Ltd Defendant)

50010-50012 of 2013 Environment Protection Authority (Prosecutor) Imad Osman-Kerim (Defendant) Representation: J Giles with S Lees (Prosecutor) Self represented (Defendant) Legal Department, Environment Protection Authority (Prosecutor) Self represented (Defendant) File Number(s): 50007 - 50012 of 2013