Court proceedings against a man accused of obstructing a Rural Fire Service volunteer in the Gold Coast hinterland, which allegedly resulted in serious injuries, have been adjourned.
Ashley James Barrett, 51, pleaded not guilty in Southport Magistrates Court on Tuesday to one count of obstruction of persons performing functions under the Fire and Emergency Services Act.
Queensland Fire and Emergency Services prosecutor Susan Anderson told the court Mr Barrett obstructed Lower Beechmont Rural Fire Service volunteer Dean Cording in December 7, 2020, while Mr Cording was trying to extinguish an illegal burnoff.
Ms Anderson said Mr Barrett admitted to burning vegetation at his Lower Beechmont property during a total fire ban and that he pushed Mr Cording down an embankment.
She said Mr Cording suffered a fractured pelvis as a result of the fall and was attempting to enter the property to extinguish the burn-off.
In testimony, QFES manager of operational capability Clinton James Neumann said it was "the most serious incident requiring medical attention I've dealt with".
RFS not authorised, court hears
Defence counsel said Rural Fire Service volunteers were not employed and therefore were not considered authorised officers under the Fire and Emergency Services Act, meaning Mr Cording did not have the authority to enter the property.
Under the Act, the Queensland Fire and Emergency Services commissioner must notify Rural Fire Service brigades as to which area they are responsible for and under what circumstances they are responsible for preventing and fighting fires.
The defence said there was no evidence before the court that the commissioner had provided that notification to the Lower Beechmont brigade.
Ms Anderson requested an adjournment to gather more information or documentation, but it was denied by Magistrate Jane Bentley.
Ms Anderson said Lower Beechmont volunteers had been in communication with the Queensland Fire and Emergency Services' fire communications system and had been directed to respond.
She said the volunteers also arrived at the scene in a Rural Fire Service vehicle, were wearing personal protective gear and had received official training.
Ms Bentley adjourned her decision to a later date.
