A former Blackwater coal miner was charged with public nuisance offences during the ongoing BMA strikes last year has had his conviction overturned.
Glenn Ross Mackie was initially arrested when it was alleged that he threw something at a car passing through the coal strike picket line at the Blackwater mine on 29 March last year, according to CQ News.
He was convicted and lost his job at the mine, where unions and management had been heatedly negotiating for 18 months.
At the time Mackie denied he was the culprit, stating that he was amongst around 70 other workers lining the road.
His accusers state that Mackie had definitely thrown something at their car before stepping behind flags emblazoned with the CFMEU logo.
However this has now been overturned.
The district court judge said the evidence rested solely on the word of the accusers over Mackie.
"Even accepting that (his accusers) honestly believed they had correctly identified Mr Mackie, I would have a reasonable doubt that was so on the totality of the evidence," Judge Kingham said.
The announcement was welcomed by the CFMEU.
"We are glad Glenn appealed. All the way along he has denied any wrongdoing," CFMEU district president Steve Smyth told CQ News.
"Obviously we are looking at our options now, but we are disappointed BHP at the time took the decision they did.
"Our member was clear he didn't do anything wrong."
During this some period of industrial action, another coal miner was fired for allegedly calling a non-union employee a "scab c**t" during picketing.
Ex-Norwich Park miner Walter Meacle was accused of abusing non-union worker Trevor Loader during strike action.
Meacle is accused of yelling "scab c**t" at Loader and jumping a barrier to give him "the finger".
After investigating the incident BMA terminated Meacle's employment, but he and the Construction, Forestry, Mining, and Energy Union deny the event took place.