Case against MSF Sugar over Brett Quinn death thrown out of court

A Cairns magistrate has dismissed the Work Health and Safety prosecutor’s case against MSF Sugar over the heartbreaking death of a mill worker near Little Musgrave in 2019.

49-year-old Brett Quinn was electrocuted as he drove a crane while building new cane rail for MSF Sugar.

A Cairns magistrate has dismissed the Work Health and Safety prosecutor’s case against MSF Sugar over the heartbreaking death of a mill worker near Little Musgrave in 2019.

On Thursday morning magistrate Michael Dalton accepted an application from MSF Sugar’s defence team that the company had “no case to answer” in relation to MSF Sugar worker Brett Quinn.

Mr Quinn, 49, died while working on a crane as part of a project to build cane rail extensions that either touched or came too close to overhead powerlines in July 2019.

“A no case to answer” outcomes means the defendant is acquited without having to present a defence.

It comes after Mr Dalton said in court on Wednesday the prosecutor’s bid to prosecute the second charge had “serious problems”, as the prosecutors had not sufficiently detailed their argument to cover the fact the death occurred when Mr Quinn had veered off the work site.

In court on Wednesday, the prosecution attempted to back-pedal and change their case to cover liability for off-site risk assessments.

MSF employee Brett Quinn was electrocuted on July 28 2019 while working as a dogman at Little Mulgrave South of Cairns. PICTURE: ANNA ROGERS

Mr Dalton rejected their application stating it would prejudice the defence and the changes “should have been done before day three of the trial”.

“You only tried to change it after you realised the deficiencies of your case once the defence made their opening arguments,” Mr Dalton said.

Emergency service personnel attend an accident that killed Brett Quinn at Little Mulgrave in 2019. PICTURE: ANNA ROGERS

MSF Sugar already successfully had an industrial manslaughter charge over the incident thrown out of court in April.

Queensland’s independent Work Health and Safety Prosecutor, Aaron Guilfoyle, had charged MSF Sugar with industrial manslaughter and for “breaching an electrical safety duty and exposing multiple workers to a risk of serious injury or death” in 2021 following a Workplace Health and Safety investigation into Mr Quinn’s death.

In April, the industrial manslaughter charge did not make it to trial after MSF Sugar successfully argued Mr Quinn’s decision to deviate from the company’s safe work method was “entirely” his own.

MSF Sugar’s general counsel Brad Egerton told the Cairns Post: “Today’s ruling constitutes the end of the enforcement proceedings that were brought against the company in relation to this tragic incident.”

“The company remains committed to ensuring the safety of its workers”.

The Work Health and Safety prosecutor have been contacted for comment.

Originally published as Case against MSF Sugar over Brett Quinn death thrown out of court