Any reference to CASACIR or its directors, shareholders, owners or operators relates to pre-14 February 2024 when the company was sold. In no way can anything said relate to the company or its new owners, operators, directors, and shareholders after that sale.
Man X swore at the 2010 tribunal (with the approval and authorisation of man Y and CASACIR) that all the perimeter posts met the requirement of being painted white, of having the work authority number clearly identified on each of them, and that each can be clearly seen from the one next to it: “The boundary had been marked with posts that have been painted white for the top portion and [the] WA number had been attached on a board. The posts on either side are clearly visible from each post”. In fact, the question was asked under cross-examination at the tribunal: “Have you stood at each post and looked to see that the next post is visible?” and, under oath, man X answered “Yes”. However, in reality, many of the posts were not visible from each other – for example, from the ones on either side of the gate at the end of Palmer Road you cannot see the ones further away; there was no corner post in the north-east corner; looking west from the one near the dirty dam you could not see the next over the hill, there were a number on Pearce Road that you would have to be able to see around corners and through hills; etc. So, to say that he could see every post from the next means that he must have had x-ray vision (to be able to see through trees, hills and around bends), and the answer is a lie under oath. Further, in relation to the internal stage boundaries, man X swore to the 2010 tribunal that “The boundary of the final extraction area (Stage 1) has been marked by star pickets that are painted yellow”, yet council and DPI had to subsequently go and make a determination as to where stage 1 ended and stage 2 commenced. If the site had been pegged, then such a determination by the authorities would not have been necessary. This constitutes misleading and deceptive conduct as well as lying under oath.