SA Police failed to fix faulty freezer before employee Debra Summers worker froze to death, court told

A walk-in freezer at an SA Police training facility wasn’t checked, and a faulty lock subsequently not fixed, in the years before a worker was trapped inside and froze to death, a court shas heard.

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SA Police failed to carry out required routine maintenance checks on a walk-in freezer and subsequently did not fix a faulty lock in the years before a worker became trapped inside and froze to death, the Industrial Court has heard.

Prosecutor Jeff Powell told the court Debra Summers’ death could have been prevented if SA Police had fixed the emergency release on an industrial freezer at its Echunga training ground.

Mrs Summers worked as a part-time cook and cleaner for SA Police when she died from hypothermia after becoming trapped in a walk-in freezer during a shift on October 4, 2016.

SA Police has pleaded guilty to failing to provide a safe workplace.

Charges against the Department of Planning, Transport and Infrastructure for failing to comply with health safety laws are expected to be dropped once an enforceable undertaking — a legally binding agreement on specific activities that must be undertaken — is finalised.

Mr Powell told the court Mrs Summers’ death was avoidable, describing the issues with the freezer as being “foreseeable and obvious”.

He said “multiple failings” by SA Police contributed to Mrs Summers’ death.

“There existed a document known as a technical data schedule … that specified the type of servicing and the type of work to be performed on this particular … walk-in freezer over time and during its use,” he said.

Debra Summers died from hypothermia after becoming trapped in a walk-in freezer at the SA Police Echunga training facility on October 4, 2016.

“The document had been created and specified that on a six-monthly basis this was the sort of item that ought to have been serviced in specific ways and those ways are mentioned in the document.

“They include among other things a six-monthly check of the emergency releases, so this is a document that existed within government … and had it been adhered to, in our submission, in all likelihood the precise consequences here would have been avoided.”

Mr Powell also said witness statements by employees at the training facility showed staff were concerned about the freezer.

“They talked amongst themselves about what to do in case one of (them) became trapped,” he said.

“This was a situation that persisted over years and certainly existed from the centre of 2012 when that freezer door was replaced and there was a replacement of the emergency door release.”

Mr Powell asked the case be heard by a judge, who has authority to issue fines of up to $1.5 million, rather than a magistrate, who can only issue fines of up to $300,000.

The request was granted and a hearing date for submissions is expected to be set on Friday.

Francis Nelson QC, for SA Police, told the court the force had accepted responsibility for the tragedy.

“From the minute it was brought to their attention they have conducted themselves as they should,” she said.

“They've not only acknowledged responsibility to the family, they have acknowledged it publicly and they have undertaken extensive and massive steps to ensure that nothing like happens ever again.”

Mrs Summers’ partner Kym Stanton and adult children Stevie, Chloe and Michael Summers were in court for the hearing.

It was revealed in court that $506,307.26 in compensation had been paid to Mr Stanton and he was also receiving ongoing, weekly dependency payments since March, 2017.

Police Commissioner Grant Stevens was also in court and spoke to media after the hearing.

“We came here today hoping that we could finalise the matter and probably speak a little bit more freely but at this point in time it’s only appropriate that I reiterate that we are deeply regretful about the incident and that we unreservedly apologise to the family for the loss of Debra Summers,” he said.