A court has thrown out a charge against a man accused of tricking a Canberra home owner into believing their house contained deadly Mr Fluffy asbestos.
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Garry John Miller, 54, faced court in May after police alleged he produced paperwork that implied asbestos had been found at the property.
Mr Miller, of Deakin, pleaded not guilty to a single charge of producing a false or misleading document. He appeared in the ACT Magistrates Court for a brief hearing on Monday.
Prosecutors said the home's owners asked Mr Miller, who had been listed as a licensed asbestos assessor on a government website, to prepare an asbestos assessment report to identify any contamination at their Duffy home in 2013.
The court heard Mr Miller's report stated there was Mr Fluffy asbestos found in the home, when in fact there was no asbestos present.
His report spoke generally of the risks involved, but it did not cover how those risks could be managed, and did not meet all the criteria to be considered an asbestos assessment report under ACT law following a change in regulations in 2015.
Mr Miller's lawyers argued the change in legislation since the report was produced meant the alleged offence could not be made out.
Magistrate Bernadette Boss dismissed the charge. She awarded Mr Miller costs.
