Miner's public nuisance conviction overturned by court
A BLACKWATER miner who picketed in protest at BMA's stalled wage negotiations last year has had his public nuisance conviction overturned on appeal.
Glenn Ross Mackie was arrested and charged by police after he allegedly threw an object at a car passing through a picket line 21km from the BMA mine site at 5.15am on March 29.
He was convicted in the Blackwater Magistrates Court on July 26, and soon after lost his job at the mine.
Mackie was among a crowd of 70 protestors lining both sides of the road.
His accusers claimed to have known him for four years and were insistent it was Mackie who threw something at their car before putting his hands over his face and stepping back behind two freestanding flags bearing the CFMEU logo and a pineapple.
Mackie denied he was the culprit, as did several other protesters in their witness statements.
CFMEU district president Steve Smyth said the union welcomed the court decision.
"We are glad Glenn appealed. All the way along he has denied any wrongdoing," Mr Smyth said.
"Obviously we are looking at our options now, but we are disappointed BHP at the time took the decision they did.
"Our member was clear he didn't do anything wrong."
District court appeal Judge Fleur Kingham said the conviction had rested on the magistrate accepting the evidence of his accusers over that of Mackie.
"Even accepting that (his accusers) honestly believed they had correctly identified Mr Mackie, I would have a reasonable doubt that was so on the totality of the evidence," Judge Kingham said.