Defence in court over soldiers’ crocodile mauling

By Cheryl Goodenough

September 15, 2023

crocodile
Australian saltwater crocodile. (slowmotiongli/Adobe)

The Department of Defence has been handed a 7,000-page brief of evidence after being taken to court over two soldiers being mauled in a crocodile attack.

It will be required to enter a plea in three months after being charged last month with breaching federal work health and safety laws after the men were attacked by a 2.5-metre crocodile in far north Queensland.

During a short mention in Brisbane Magistrates Court on Friday, the department’s lawyer Jackson Inglis said the parties had agreed to an adjournment until December.

He said a 7,000-page brief was received last week.

The Amy was ordered to make submissions by November 10, with prosecutors to reply by December 8.

The matter will be mentioned again on December 15, with Defence to enter a plea on that day.

The Darwin-based army personnel were transporting a landing craft from Darwin to Townsville for maintenance in August 2021.

The soldiers, a private in his 20s and a corporal in his early 30s, were given permission to go fishing at the Cape York Peninsula community of Portland Road in a defence inflatable Zodiac, the federal workers’ compensation body and safety regulator Comcare said earlier.

The coastal fishing village is about 750km north of Cairns and is known for its croc-infested waters.

“After anchoring the boat, the men went swimming and were almost immediately attacked by a 2.5m saltwater crocodile,” Comcare said.

“The crocodile dragged one of the soldiers underwater and mauled him while his colleague fought off the animal, allowing the men to escape to the Zodiac.”

Both soldiers suffered significant injuries including bite and claw wounds and were airlifted to Cairns hospital.

The Department of Defence is charged under the Work Health and Safety Act 2011 for allegedly failing to provide a safe workplace or properly train its workers by implementing policies prohibiting personnel from entering crocodile-infested waters unless there was an operational or safety reason to do so.

It is further alleged Defence failed to conduct a risk assessment or provide a detailed safety briefing about the risk of crocodile attack when entering water.

The charge carries a maximum penalty of $1.5 million.

Australian Associated Press

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