The businessman who once spearheaded Australia's post-COVID task force and his son have both received suspended eight-month jail terms for breaching WA's strict border laws.
Neville Power admitted flying a helicopter into WA in October last year with his son Nicholas without having the necessary permission to enter the state.
The two men had come from their family's station near Mount Isa in north-west Queensland where they had been mustering cattle.
At the time Queensland was categorised as a low-risk state, meaning travellers to WA were required to quarantine for 14 days.
However, the men made no attempt to isolate when they landed at Exmouth, where they stayed at a resort for a night, and were recorded by CCTV cameras not wearing masks.
They flew to Perth the next day and again made no attempt to quarantine.
They were subsequently interviewed by police and charged with two counts of failing to comply with a direction — offences that carry a maximum penalty of 12 months' jail or a $50,000 fine.
Nev Power led a 'blameless, hard-working' life'
The father and son pleaded guilty two weeks ago, with their barrister Sam Vandongen SC arguing a fine was the appropriate penalty.
He highlighted the "blameless" lives the men had lived and their prior excellent character, describing them as "hard-working" and saying they had exercised a very bad lack of judgement.
Mr Vandongen said in Neville Power's case, "cognitive distortions" — an exaggerated or irrational thought pattern — had contributed to the offences.
That included a belief that because the cattle station in Queensland was isolated, he was in effect quarantining while he was there.
Mr Vandongen also submitted previous periods in quarantine after other trips had had an effect on Power, saying "a wrong decision was made by a person who ought to have known better."
A psychologist's report was presented to the court along with about a dozen character references, including one from Andrew Forrest of Fortescue Metals Group where Neville Power used to be the chief executive officer.
'Wilful blindness' to COVID obligations
However, the police prosecutor submitted a jail term was the appropriate sentence, saying given Neville Power's role on the COVID-19 taskforce, he had shown "wilful blindness to his obligations."
Deputy chief magistrate Elizabeth Woods described the breaches as "blatant", saying both men had shown "a significant lack of judgement that had the potential for very serious consequences in the community."
Ms Woods said Neville Power's offences were more serious because he had taken a commercial flight when he travelled to Queensland and had then spent time in a hotel, going to restaurants and shopping.
She said both men would have been aware of their obligations, particularly Power Senior given his former role as a COVID adviser.
'Foolish and disrespectful'
While a psychologist's report said Neville Power had found previous periods of COVID isolation tough, she believed both men had the view that "any time in quarantine was wasted time."
"[They believed] they were better getting back to work as soon as possible. They wanted to avoid another quarantine experience and justified that decision to themselves," she said.
"That puts this at upper end of seriousness of these cases.
However, Ms Woods said the men's crimes had not involved any blatant dishonesty and they had travelled from a place that was regarded as a low-risk state.
She also noted the men were of prior good character and unlikely to offend again.
Neither Power nor his son commented as they left the court.
At the time he committed the offences, Neville Power was the chairman of Perth Airport, but in a statement yesterday, it was announced he had resigned following his guilty pleas.
He was also chair of the Royal Flying Doctors Service, but resigned from that position earlier this month.
The men will now both have criminal records because their sentences involved a term of imprisonment, even though it was suspended, which rendered them ineligible to be granted spent conviction orders.
