A Mackay court has heard fuel theft in BHP mines is widespread and the temptation “just too strong” after a small-business owner of “otherwise good character” was slapped with criminal charges.
Phillip James Bundesen had no criminal history and was otherwise considered a person of good character, Mackay Magistrates Court heard but the “culture” at BHP’s Peak Downs Mine led him to steal fuel worth thousands.
His barrister Joshua Morris told the court the 31-year-old Mackay man was co-operating with a BHP ethics investigation and already had $3935.80 restitution in his solicitor’s trust account.
“My instructions, however, is that fuel theft on a mine site is effectively endemic,” Mr Morris said.
“Mr Bundesen provided information helpful to the BHP Ethics team to reduce the theft of fuel more generally on work sites.
“(So) he has co-operated with BHP (as well as) police and made admissions.
“He’s actually still working at a BHP mine site, albeit at a different mine.”
The road sign on the Peak Downs Highway showing directions to the Peak Downs Mine, Dysart, Clermont and Moranbah. Picture: Tara Miko
The court heard Bundesen had completed several apprenticeships, owned his own mine equipment hire business and was subcontracted by another to work at Peak Downs.
Mr Morris said this meant Bundesen’s offending was not classed as stealing “as a servant or employee” and he instead charged with the less serious count of fraud.
Bundesen pleaded guilty in Mackay Magistrates Court to the fraud charge along with stealing and possessing tainted property.
Magistrate Bronwyn Hartigan said she had “no doubt” Bundesen was remorseful, particularly given his offering of about $4000 compensation to BHP when he was not the only offender.
“You have shown significant remorse for your actions,” Ms Hartigan said.
“You are not a servant of that company or an employee … but there’s still a breach of trust.
“I’m very surprised somebody like you, who’s well educated for what you do (and) runs your own business would do something like this.
“It appears that because it is so endemic the temptation was just too strong.
“I doubt you will ever do this again.”
Ms Hartigan said it was a serious offence, but placed Bundesen on a good behaviour bond due to his lack of criminal history and proactive co-operation.
She ordered the $3935.80 in the trust be paid to BMA Peak Downs Mine and no conviction was recorded.