Toodyay landholder Tony Maddox fought back tears before heading into WA’s Supreme Court to appeal a criminal conviction for building a culvert on his private land on Friday.
Maddox, a former real estate agent, was convicted under the Aboriginal Land Heritage Act 1972 last year after he was charged and fined $2000 for repairing an existing creek crossing on his property, without knowing part of his land had been designated a site of cultural significance.
Flanked by Central Wheatbelt MLA and shadow agriculture minister Lachlan Hunter and Pastoralists and Graziers Association director Tony Seabrook, Maddox was visibly upset by “two years of turmoil” when speaking to media outside the courthouse.
He reiterated that if his appeal in WA’s highest court was unsuccessful, he would take the fight to Australia’s High Court.
“I lost faith in the judicial system at the last hearing . . . I’ve appealed because I believe I haven’t done anything wrong,” Maddox said.
The appeal was heard over the course of Friday, with Justice Craig Bydder expected to hand down his decision at a later date.
As revealed in Countryman earlier this month, Maddox has since spent more than $140,000 in legal fees to fight his conviction.
Mr Seabrook said the conviction was the result of “spurious regulation”, and he was confident the Supreme Court would throw it out.
“There are farmers all over the State who would very easily be charged with what Tony’s been charged for,” he said.
Mr Seabrook said Maddox had been “vindictively” picked on, and had experienced adverse health effects and stress as a result of the investigation and appeal.
“Having Tony step forward to challenge this legislation, he’s doing it on behalf of every landholder in Western Australia,” he said.
During court proceedings last year, the State Government’s Department of Planning, Lands and Heritage admitted it did not notify landowners when areas of their properties were mapped and declared heritage sites.
The department also acknowledged its mapping was not accurate or complete, despite hundreds of restricted zones already being designated across private farms, residential blocks, industrial facilities, and commercial areas, with more added regularly.
Mr Hunter said Maddox had been “disgracefully” treated under the Act, and issued a warning that all landholders — not just farmers and pastoralists — should be concerned with the outcome of the appeal.
“Mr Maddox has had his personal finances almost destroyed, his health almost destroyed, and every single farmer in Western Australia should be concerned — not only for Mr Maddox — but for their own welfare and their own livelihoods,” he said.
“Today’s outcome, whether it be today or in the coming weeks, should concern every single private landholder in Western Australia — not just primary producers, but people in their own backyards.”
Maddox was previously represented by former attorney-general turned barrister Christian Porter, but he had to withdraw because of other trial commitments.
The case has garnered sympathy from farmers across the State who, at the time of writing, have donated more than $80,000 towards Mr Maddox’s legal fees believing he has been unfairly charged.
Under the Act it is prohibited to excavate, destroy, conceal or alter Aboriginal Heritage sites, including the Avon River which partly lies on Mr Maddox’s property.
However, he said he was not informed the creek was protected under the heritage laws.
The Noongar people associate the site with the Wagyl, also known as the Rainbow Serpent.
See the full article at Countryman: https://www.countryman.com.au/countryman/news/toodyay-landholder-tony-maddox-fronts-court-for-aboriginal-land-heritage-act-1972-appeal-c-21698181
