Charges Withdrawn in Abalone Trafficking Case

Prosecutors have withdrawn all charges against seven men, including six native title claimants, in a significant abalone trafficking case on the New South Wales south coast. The charges, which carried a maximum penalty of 10 years imprisonment, were withdrawn 11 days into the trial at Nowra Local Court.

NSW Police has been ordered to pay over $1.89 million in defence costs.

The government is now facing scrutiny regarding why the case proceeded despite legal advice suggesting its likely failure.

Surveillance Operation and Charges Laid

State authorities, including NSW Police and fisheries compliance officers from the Department of Primary Industries and Regional Development (DPIRD), conducted surveillance on Keith Nye, Cain Bollard, Brent Wellington, Richard Schofield, John Henry Carriage, John Nathan Carriage, and Denzel Carriage. This operation took place from September 2023 to February 2024.

Following the surveillance, the men were charged in January and February 2024 with multiple counts of illegally trafficking abalone and operating as a criminal gang. All defendants pleaded not guilty to the charges.

The Crucial Issue of Non-Disclosure

Subpoenaed documents revealed that a fundamental issue had been known since March 2024, nearly two years before the trial commenced. NSW Fisheries and police prosecutors were informed at that time that evidence crucial for a potential not guilty verdict was confidential. This critical evidence stemmed from south coast native title claim negotiations and, as a result, could not be presented in court.

Prior Legal Advice

Emails further indicate that DPIRD and police had received advice from the Crown Solicitor's Office (CSO) regarding the prosecution of native title holders as early as November 2023. A subsequent email from the CSO in March 2024 specifically noted that prosecutors would...