Two Sydney-based tree loppers who twice breached lockdown orders to work in the Lower Hunter have been fined. A third member of the group who was unable to speak English was placed on a good behaviour bond after a magistrate found he was not capable of properly understanding the law.
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Michael Moresi, 37, from Whalan, and Velly Mapesone, 25, from Leumeah, previously pleaded guilty to not complying with a noticed direction and not ensuring true and accurate information was provided to Service NSW.
Police arrested the men on September 9 in Cardiff following reports that tree loppers from Sydney were operating in the area.
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They had received fines a week earlier for breaching public health orders by leaving their homes in local government areas of concern to work in the Lower Hunter.
The court heard the men, who were employed by a family business, were working on a residential property and had no intention of participating in non-work-related activities.
Their solicitor Jack Dunn told Toronto Local Court on Tuesday that the men had only been motivated to provide for their families.
"It's not like they were at a party or a football match, they were earning money for their families," he said.
But Magistrate Peter Barnett told the men that they had put their own interests before the community.
"They are putting their desire to earn money over and above the safety of the community by deliberately ignoring rules that were designed to protect the community from the virus," he said.
"They deliberately came back to the area to work despite being told not to a week earlier."
Moresi was convicted and fined $2000 for each offence.
Mapesone was fined $1750 for each offence.
A third member of the group, Muagututia Pesa, 57, from Colyton, also pleaded guilty to the same charges.
The court heard that Pesa, who required a Samoan interpreter, had been living with his 'brothers' in the Samoan community while on a working visa.
Mr Barnett found that someone had put an incorrectly completed permit application "under his nose to sign", which he did.
"It was almost like being in the military. He was following orders and doesn't make the work decisions," he said.
Mr Pesa was not convicted and placed on a 12 month conditional release order.
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