THE man accused of murdering an environmental compliance officer has been ordered to pay hundreds of thousands of dollars in costs after being convicted of illegal land clearing, the very offence his alleged victim had investigated.
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Ian Robert Turnbull remains in jail, accused of murdering 51-year-old Office of Environment and Heritage (OEH) compliance officer, Glen Turner, but will fight for his release, lodging a bid for Supreme Court bail.
On Friday, the issue at the heart of the alleged murder was back in the Land and Environment Court in Sydney, as the 79-year-old farmer was convicted of bulldozing more than 3000 trees on properties owned by his son Grant and grandson Cory at Croppa Creek.
Justice Terry Sheahan said Turnbull had "not shown any genuine contrition or remorse" for his offending beyond pleading guilty.
"The defendant flagrantly disregarded the consequences of his actions, by continuing clearing, in the knowledge that he was likely to soon receive a stop work order," Justice Sheahan said.
He was fined $140,000 for the land clearing, after receiving a small discount for pleading guilty, and also ordered to pay the OEH's legal and investigation costs, estimated to be about $172,000.
In his judgement, Justice Sheahan said because Turnbull was "a leader in his sector", specific and general deterrence was needed in his penalty.
"It must be substantial enough to deter others, as well as himself, from clearing native vegetation, particularly in this area, where unlawful clearing appears to have been an ongoing concern for the community," the judgement read.
The clearing took place between November 1, 2011 and January 18, 2012. While Turnbull did not own the two properties, the judgment reveals he had a financial interest in his grandson's property as he mortgaged his own farm, “Yambin”, 15 kilometres away, as security against Cory's bank loan.
Further, some of the profits from cropping intended to take place on the farms, would flow to him.
The judgment shows Mr Turner discovered the illegal land clearing on December 12, 2011. In January and February 2012, Mr Turner conducted inspections of the property, including aerial flyovers.
On February 15, 2012 he told Turnbull he intended to issue a stop work order in the near future to stop him clearing native vegetation on the property.
The OEH alleged Turnbull then arranged for a staff of six, including himself, to continue the clearing as quickly as possible before the order was issued. This was to allow the growing of crops in the cleared areas.
During a sentence hearing in March, Turnbull's lawyer said he was a "man of good character" who had "no prior convictions" and was "devastated" by the charge.
However, Justice Sheahan said in his judgement, there was no evidence produced to show "that Ian has taken responsibility for his actions, or acknowledged any damage done to the environment as a result of his clearing".
The level of environmental harm caused was substantial and is likely to have disturbed a koala population as well as other endangered native species, he said.
Turnbull appeared in Moree Local Court yesterday for mention on the murder charge, and his case was adjourned until November 17. - Breanna Chillingworth and Louise Hall