Power avoids jail

High profile businessman Nev Power has narrowly avoided jail time after the eight-month sentence he was dealt for breaching the state’s strict COVID travel laws was wholly suspended.

Mr Power and his 36-year-old son Nicholas Arthur Power were sentenced in Perth Magistrates Court this afternoon after both pleading guilty to two counts of failing to comply with a direction under the state’s Emergency Management Act.

The case centered around a trip the two men took to the family cattle station in regional Queensland in October and their return to WA via Exmouth's Mantarays Ningaloo Reach Resort without completing a G2G pass, quarantine for 14 days and wearing a mask. 

In sentencing the pair, Magistrate Elizabeth Woods said the act was a deliberate, disrespectful and foolish choice by both parties, neither of whom had taken any precautions - with CCTV footage capturing them moving freely around the resort without a mask. 

Nicholas and Neville Power were each dealt an eight-month term of imprisonment suspended wholly for eight months.

That included an eight-month term for their failure to obtain the necessary G2G pass and five months for their failure to comply with quarantine requirements, to be served cumulatively.

In delivering her judgment, Magistrate Woods said both parties were well aware of the requirements under the state's COVID travel rules, highlighting Neville Power had spearheaded the federal government’s National COVID-19 Coordination Commission.

While acknowledging the pair had pleaded guilty at the earliest opportunity, were of good character, fully vaccinated and had visited a low risk area, Magistrate Woods said the offenses were serious and posed a threat to the wider community.

She also acknowledged the serious reputational damage Neville had endured in the wake of the lawsuit.

Magistrate Woods said the sentence took into account a psychological assessment she said attempted to explain why his actions were a product of stress in his personal and work life, rather than "out of arrogance" and a "disregard" for the law.

"Both Nicholas and Neville Power seem to have had the view that quarantine was wasted time, that their work was simply more important and that quarantine was unnecessary," she told the court.

"They justified this to themselves, despite it posing a risk to the community, which puts this at the upper end of seriousness.

"Mr Vandongen [the pair's lawyer] had suggested the matter could be dealt with by way of a fine, but that is not my view.

"These accused avoided the system completely and it shows a significant lack of judgment that has serious consequences for the community.

"I don't believe a fine or a community service order are appropriate and while I accept that a term of imprisonment is a last resort, my view is that’s the only appropriate penalty.

"There was no confusion on either of their part, their obligations were clear."

The court judgment comes one month after Mr Power shed a host of board roles, stepping down as chair of Perth Airport and took a leave of absence from ASX-listed companies Strike Energy and APM Human Services International, and the Foundation for the WA Museum.

He has also stepped down from the national board of the Royal Flying Doctors Service.

The pair’s lawyer Sam Vandongen previously told the court Mr Power was “dripping with remorse”, attributing his actions to stresses on his life at the time, including his relationship with his wife of 36 years and the inability to attend the funeral of a loved one due to travel restrictions.

He submitted the pair had entered a plea of guilty at the first reasonable opportunity and that their behaviour was out of character.

Mr Power's company, Airpower Australia, was also charged over the incident.

That matter is expected to be dealt with on March 30.