In January, PubTIC reported that Emanuel Brian Dillon, director of two Western Australian pubs, dodged a bullet to stay in business.
He copped $140K in fines for what police allege were more than 2,700 breaches of the Liquor Act between 2019 and 2021.
Following a complaint from police in 2021, Western Australia’s Liquor Commission launched an investigation into allegations Dillon was not ‘a fit and proper person’, with his Spinifex Hotel and Boab Inn, both in the Kimberley region, accused of being the source of alcohol trafficked to dry communities.
Now, the WA Supreme Court has quashed these fines, following an appeal.
The appeal was made on the basis that Dillion and his hotels were denied fairness during the procedure, as one of the three liquor commission members was not present at the hearings, although they assisted in making the final decision.
“At the very least, the appellants were deprived of the opportunity to be heard as to the process by which the new member would familiarise himself with the matter, and as to how the appellants could address any particular concerns that the new member held regarding their response to the complaints,” Justice Stephen Lemonis said in his ruling.
The penalties were handed down last December, and a relieved Dillion says he is now happy to move on after the two-year saga.
“I’ve got family and friends, and it’s been a really hard, emotional toll,” he told the ABC.
While the fines were quashed, Dillion spent more than $150K in legal costs.
Still, his problems may not be over, as Justice Lemonis directed that the original police complaint be returned to the liquor commission for reconsideration by a different panel of members.
A decision on a separate action against Spinifex Holdings is also due later this year, for the forfeiture of illegal gains made in 2020 during COVID-19 restrictions.
