Prominent businessman Nev Power will have to wait another two weeks to find out whether he will serve jail time after pleading guilty to two counts of breaching the state’s COVID-19 travel restrictions.
Prominent businessman Nev Power will have to wait another two weeks to find out whether he will serve jail time after pleading guilty to two counts of breaching the state’s COVID-19 travel restrictions.
Mr Power appeared in Perth Magistrates Court today alongside his 36-year-old son Nicholas Arthur Power on two counts of failing to comply with a direction under the state’s Emergency Management Act, after a third charge was dropped.
The court was told Mr Power had travelled to his family cattle station in regional Queensland in October last year, before being joined by his son - who arrived via a private helicopter.
But the pair failed to complete G2G passes before boarding the helicopter and crossing the Northern Territory and WA borders and arriving in Exmouth.
At the time of the trip, the state government had classified Queensland as a low risk state, with travellers required to obtain a G2G pass, quarantine for 14 days and wear a mask.
The prosecution said the pair spent one day at Exmouth's Mantarays Ningaloo Reach Resort, with CCTV footage capturing them moving freely around the resort without a mask.
But just over a week later, their failure to obtain a G2G pass prompted an investigation by WA Police, who then charged the pair.
Mr Power's company, Airpower Australia, was also charged over the incident.
Lawyer for the trio, Sam Vandongen, told the court this afternoon Mr Power was “dripping with remorse”, lodging 13 character references and submitting that the matter should be dealt with by way of fines - with no question as to Mr Power’s capacity to pay.
But Magistrate Elizabeth Woods indicated she was of the view the offense warranted a harsher penalty, stating it was clear she and Mr Power's lawyer had "contrasting views".
Mr Vandongen described Mr Power as a stickler for the law, revealing that stresses on his life at the time, including his relationship with his wife of 36 years and the inability to attend the funeral of a loved one due to travel restrictions, had led to the lapse in judgment.
He insisted Mr Power was not backing away from his wrongdoing, but said it was a decision made because he felt obliged to return to WA and fulfill his work and personal commitments in the state.
Mr Vandongen’s case hinged on the minimal risk he claimed Mr Power posed to the broader community, having been fully vaccinated and unlikely to have contracted COVID in the remote locations he visited.
But Magistrate Woods indicated she didn’t necessarily agree.
“Hindsight is a wonderful thing - they well could have been COVID positive, fortunately, clearly, they weren't,” she said.
“But he [Mr Power] couldn’t have known that, and he put people at risk.
“He passed through remote places where people are notoriously unvaccinated and are at risk.”
Regardless, Mr Vandongen submitted the pair had entered a plea of guilty at the first reasonable opportunity, were both genuinely remorseful and that the behaviour was out of character.
He also cautioned the Magistrate against imposing an immediate term of imprisonment, citing the adverse impact it could have on Mr Power’s ability to retain his numerous board roles.
In closing, the prosecution said the pair’s actions were willful and both parties would have known the consequences, saying it showed a blatant disregard for the requirements of a state emergency and posed a risk to the community.
Magistrate Woods opted not to sentence the pair today, with both Mr Power and his son expected to appear again for sentencing on February 24.
Mr Vandongen also sought a four-week adjournment for Airpower Australia, with that matter to be heard on March 11.
Mr Power spearheaded the federal government’s National COVID-19 Coordination Commission for one year, and chairs Perth Airport, the Royal Flying Doctor Service’s federation board, and the Foundation for the WA Museum.
However, Mr Power temporarily stepped away from his role with Perth Airport in the wake of the allegations.
The former boss of mining giant Fortescue Metals Group serves as the deputy chair of ASX-listed Strike Energy, as well as the board of APM Human Services International.
He is also a director of Genesis Minerals.
