I had a look at that VCAT decision and it makes interesting reading.
The police lawyer used the expression "asleep at the wheel" (para 122) in relation to Danny and the judge summed up by saying "with some hesitation" that he thought it was not unreasonable for Trimble to have placed reliance on Danny (para 138).
Even so, the judge said of Trimble's testimony: "His evidence was most unusual. He professed an almost entire lack of memory of any specifics, indeed he seemed somewhat unwell when he gave his evidence. His vision seemed to be impaired. He told me, at one stage, that he could see ‘three of me’. The tenor of his evidence was that he legitimately relied on Mr Micovski as a director and nominee to manage the venue and that his reliance with a relatively hands off attitude as managing director remained appropriate despite the service of a written warning on all directors in 2008." (paras 136 and 137).
As the judge says, the law made no provision under the specified section for fining Trimble. It was disqualification or nothing, so he fined the company instead and let Danny off because he had already endured a de facto disqualification.
Draw your own conclusions and remember who is still running PPN.
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I had a look at that VCAT decision and it makes interesting...
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