The 79-year-old farmer accused of murdering environmental compliance officer Glen Turner has been fined $140,000 for illegal land clearing, an offence his alleged victim had investigated.
Ian Robert Turnbull has been charged with murdering Mr Turner on the evening of July 29 by ambushing him on a country road and shooting him multiple times with a rifle.
He is also accused of holding Robert Strange, Mr Turner's fellow compliance officer at the Office of Environment and Heritage, and taking him with the intention of committing a serious indictable offence.
In the Land and Environment Court on Friday Mr Turnbull was fined $140,000 for bulldozing more than 3000 trees on properties owned by his son Grant and grandson Cory at Croppa Creek, near Moree, in northern NSW.
He was also ordered to pay the OEH's legal and investigation costs, estimated to be about $172,000.
The clearing took place between November 1, 2011, and January 18, 2012. While Mr Turnbull did not own the two properties, the judgment reveals he had a financial interest in his grandson's property as he mortgaged his own farm, Yambin, some 15 kilometres away, as security against Cory's bank loan. Further, some of the profits from cropping intended to take place on the farms could flow to him.
The judgment shows Mr Turner discovered the illegal land clearing on December 12, 2011. In January and February 2012 Mr Turner conducted inspections of the property, including aerial flyovers.
On February 15, 2012, he told Mr Turnbull he intended to issue a stop work order in the near future to stop him clearing native vegetation on the property.
The OEH alleged Mr Turnbull then arranged for a staff of six, including himself, to continue the clearing as quickly as possible before the order was issued. This was to allow the growing of crops in the cleared areas.
"The defendant flagrantly disregarded the consequences of his actions, by continuing clearing, in the knowledge that he was likely to soon receive a stop work order," Justice Terry Sheahan said.
During a sentence hearing in March, Mr Turnbull's lawyer said he was a "man of good character" who had no prior convictions.
However, Justice Sheahan said Mr Turnbull is an experienced farmer who owns numerous properties and is seen as a leader in his community. Although he pleaded guilty, he has not shown any contrition or remorse and has failed to acknowledge any damage done to the environment as a result of his clearing, Justice Sheahan said.
The level of environmental harm caused was substantial and is likely to have disturbed a koala population as well as other endangered native species, he said.
Justice Sheahan said the penalty had to be high enough to deter others from clearing native vegetation, "particularly in this area, where unlawful clearing appears to have been an ongoing concern for the community".
Chief Executive of the Office of Environment and Heritage Terry Bailey said the sentence was a reminder that native vegetation laws must be taken seriously.
Mr Turnbull is due to appear in Moree Local Court next week for mention on the murder charge.
