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A Darwin construction company has been found guilty of two charges laid by NT WorkSafe over the violent death of an employee at a remote Northern Territory construction site.
Paul Leach, 50, was fatally struck and killed on March 20, 2020 after a chain snapped and recoiled while he was trying to retrieve a bogged excavator in Maningrida, about 500 kilometres east of Darwin.
In the lead up to his death, the court heard Mr Leach had attempted to pull the bogged excavator using chains on two occasions, without authorisation.
NT WorkSafe had initially charged Kalidonis NT Pty Ltd with industrial manslaughter over the incident — the first prosecution of its kind in the territory — but withdrew the charge last year.
On Friday in Darwin Local Court, Judge Ben O'Loughlin found Kalidonis NT guilty of two counts of failing to comply with a health and safety duty in relation to Mr Leach's death.
Paul Leach had years of experience operating excavators. (Supplied: Kimberly Leach)
He told the court there were two key elements to consider:
- Did the defendant fail to ensure, so far as reasonably practicable, the health and safety of the workers?
- If so, did the failure expose individuals to a risk of death or serious injury or illness?
Lawyers representing Kalidonis NT had previously argued Mr Leach took risks that endangered himself and that his death was therefore not the company's fault.
However, Judge O'Loughlin told the court: "This is not the case of 2020 hindsight".
Paul Leach used to work on-site with his son Jeremy. (Supplied: Kimberly Leach)
He said the same chains used by Mr Leach had snapped while trying to tow the excavator on February 15 and again around March 11 or 12, before his death on March 20.
In his written judgement, Judge O'Loughlin said the company had other methods available to eliminate or mitigate the risks of an accident on-site.
"Steps to remove the chain from the site could have been taken," he wrote.
"It would have been reasonable to warn staff that there would be severe consequences, including termination, if this occurred again."
He said Kalidonis NT "did not provide Mr Leach and other workers with adequate training on towing", nor did they provide adequate training on safe work method statements.
"I find the defendant's breaches were a substantial or significant cause of the risk of serious injury or death to Mr Leach and other workers," Judge O'Loughlin wrote.
The matter will return to Darwin Local Court in November for sentencing submissions.