The Supreme Court of WA has handed down its judgment in Robertson v HWE Mining Pty Ltd [2014] WASC 11 (23 January 2014), granting the Department of Mines and Petroleum (DMP) leave to appeal the decision of the Perth Magistrate’s Court which acquitted HWE Mining Pty Ltd of the charge of failing to provide and maintain a safe work environment in breach of the Mines Safety and Inspection Act 1994 (WA).  A HWE apprentice was fatally injured in 2008 when the light vehicle he was driving at BHP Billiton’s Yandi Mine was struck and crushed by a haul truck at an intersection in the pit area.  The Supreme Court found that in light of the tasks undertaken by drivers and the risk of serious injury, the Magistrate should have determined whether a stop sign was a suitable measure to mitigate the risk.  The DMP is also pursuing a prosecution against BHP Billiton in relation to the same incident.