A West -Australian man has been found guilty of breaking the Aboriginal Heritage Act of the State for building a bridge on his own property without requesting approval.
Tony Maddox, 72, had imprisoned for nine months and built a fine of $ 20,000 after he had disrupted the 'Rainbow Serpent' associated with the Kreek on his property in TOODYAY, 85 km northwest of Perth, after a concrete bridge had built it.
Instead, when Mr. Maddox appeared in Perth Magistrates Court on Monday, he received a fine of $ 2,000, he received an expenditure and ordered $ 5,000 in costs.
Although the result was not as serious as it could have been, Mr. Maddox told the ABC that he was 'crushed' and found the decision 'rather incredible'.
The Ministry of Planning, Lands and Heritage said that the Bridge Waugul was disturbed – a rainbow snake centrally in the mythology of the Noongar people – after Mr Maddox had removed a large amount of sludge from the creek.
The act he was charged for prohibits the excavation, destruction, concealment or change of Aboriginal heritage sites.
Mr. Maddox, who took a lot of time from his work as a broker to fight the indictment, said he did not know that the heritage laws on the creek were applicable and claimed that no indigenous elderly people had sent their concern about him.
But magistrate Andrew Matthews did not accept this defense and said that although the works did not cause significant damage, the site had been changed.
Tony Maddox (photo) could have been imprisoned for nine months and fined $ 20,000 after he had disturbed a 'Rainbow Serpent' with the construction of a concrete bridge
Public Prosecutor Lorraine Allen said that the State hoped that the case would prevent people from destroying or changing Aboriginal heritage. ”
Maddox said that the legal struggle “helled hell out of me like a person.”
'I have literally not worked all year round, I've been fighting this for a year. This simply destroys your heart. Destroys your head, destroy your soul, “he told Sky News last year.
“And what's the result? The result is a lot of money. For what … there is nothing in the action that tells them that they have the power to ask me to remove the intersection. '
The Creek Crossing is the only access point to its property, with the work that is being carried out to prevent erosion caused by heavy rain and floods.
Maddox said he had discussed the concrete bridge with local Aboriginal elderly since it was built, and they had not submitted any complaints.
“It's pretty incredible,” he said.
'I don't understand the harshness of the Department of Planning, Lands and Heritage.
The Department of Planning, Lands and Heritage said that the bridge (photo) Waugul was disturbed – a rainbow snake centrally in the mythology of the Noongar people
'Why wouldn't they just say instead:' You broke our act, we are aware that you knew nothing about it, let's inform you and tell you about it. '' '
“I have had more education from our local elderly people than from the department.”
Maddox said that the case had required a considerable mental and financial toll, including 'an enormous amount of expenditures on my part to achieve this phase with a lawyer and a lawyer who works for me'.
He bought the 14 -hectare building in 2013 and installed a diver over the Kreek the following year, and then built a house there in 2019.
After the original intersection was damaged by floods in 2020, he had a builder concrete and removed the rubble.
Mr. Maddox told the court that the trial had created a 'nature reserve' at home for 120 ducks because of the water in which he merged.
