Sydney-based tree loppers plead guilty to COVID breach in Lake Macquarie

But Magistrate Peter Barnett said he could not sentence the men today because it was unclear how they broke the law in relation the second of two charges against each of them, of providing false information.

Their solicitor, Jack Dunn, who appeared via AVL along with the three men, said the issue was to do with the information the men provided to Services NSW, but could not clarify to Mr Barnett's satisfaction exactly what that was.

Police arrested four men, 42-year-old Kings Sione, 57-year-old Muagututia Pesa, 37-year-old Michael Moresi, and 25-year-old Velly Mapesone, on September 9 in Cardiff following reports that tree loppers from Sydney were operating in the area.

They were charged for not complying with noticed direction and not ensure true and accurate information provided to Service NSW.

The charges against Mr Sione were officially withdrawn and dismissed in Toronto Local Court on Tuesday after Mr Dunn made representations to police on his behalf, while the other three men pleaded guilty to both offences.

The offenders had received fines just a week earlier, on September 2, for breaching public health orders, the court heard.

"What do I make of the fact that ... seven days earlier they're told 'You're here in breach of the public health orders, you are not allowed outside of your LGA to work, your work doesn't permit you to come outside the area, here's an $1100 fine, and then they're back seven days later in breach of the same orders," Mr Barnett asked.

Mr Dunn said there was some confusion between the men who reapplied to Services NSW for a permit to work in the area. "The facts do reflect the fact they spoke about issues with their work permit."

Mr Barnett said the men had been put on notice and it was their obligation to know exactly what it was they could and could not do, as it was everybody's business to know, and if they could come to Cardiff to "cut down trees or prune trees or whatever was happening with the trees" which has put them in breach of the orders.

"What I don't understand is where in the facts is there anything relevant to 'not ensure accurate information was provided to Services NSW'.

The matter was adjourned to November 16.

The court heard that the supervisor who was in charge of the team that day did not live in an LGA of concern. Half of the company did live in LGAs of concern and the other half didn't, and there was a dilemma logistically and geographically regarding that, Mr Dunn said.

"It does explain why they travelled 177km from Sydney up to Cardiff on the 2^nd of September."

The penalties issued on that day were for breaching coronavirus public health orders that were in place to limit the chance of COVID-19 spreading further into regional areas. Police had received a of a tip-off to Crime Stoppers from a member of the community.

The owners of the company were fined $5000 for giving false information to Service NSW in order to get a permit to travel out of Greater Sydney for work.

Police say that one of the co-owners did not have a permit to leave Greater Sydney and five of the employees had not had a COVID-19 test as is required by the public health orders.

The men admit to returning to the area a week later, and spoke with police again who once again received a tip-off from a member of the community that the tree loppers form Sydney were back at it.

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