Blenners lawyer pledges rigorous defence of new charges
TMR doing important job but is wrong about the company, he says
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Blenners charges were flawed, lawyer says
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The lawyer handling Blenners Transport’s defence against new charges from the Queensland Department of Transport and Main Roads (TMR) has vowed as robust a defence of them as there was of the originals.
Matthew Smith of law firm Sparke Helmore Lawyers was guarded as to what it was about the original charges that led to them being dropped.
"The charges were fundamentally flawed and should never have been brought," Smith says.
"They were in a position where the charges would have been knocked out by the court, or by application by Blenners, or they were going to offer no evidence and let the charges be dismissed."
The latter course was the outcome, he says, and "the charges as drafted had no chance of success".
Smith was unable to comment on the present charges or why they were spread for hearing across the state.
"What I can say about them is that they will be rigorously defended," he says.
Despite the time that has elapsed in the case, the lawyer noted that trucking safety was a legitimate concern of government.
"TMR has a very difficult job," he says.
"Certainly, chain of responsibility regulation is very important and it’s supported by the whole industry and it’s certainly supported by Blenners Transport.
"Often TMR get it right but, in this case, they got it very wrong. And that’s why those charges were dropped."
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