Mitchell John Hazzard sentenced for workplace safety breach in Bundaberg Magistrates Court

A popular Bundaberg churchgoer and footballer has fronted court after he failed to act when a defenceless disabled man in his care fell from his bed and suffered horrific injuries.

Mitchell John Hazzard (inset) was caring for 25-year-old non-verbal disabled man Eden Camac when he realised a failure to raise the bed rail had caused him to fall on the floor

He was responsible for caring for a man who couldn’t speak or help himself but instead, a popular community identity made a choice which would leave his patient to suffer for 10 long hours.

Bundaberg footballer and coach Mitchell John Hazzard was caring for 25-year-old non-verbal disabled man Eden Camac when he realised a failure to raise the bed rail had caused him to fall on the floor.

Rather than report the incident or carry out necessary checks, he simply put Eden back to bed – a decision which would leave him suffering the pain of four untreated fractures, two to his pelvis and two in his legs.

The harrowing details of the October 2018 incident were read out in Bundaberg Magistrates Court where Hazzard pleaded guilty to one charge of failure to comply with a health and safety duty that exposes a person to risk of death or serious injury.

The court heard Eden had Wolf-Hirschhorn syndrome, was non-verbal and required intense care.

His bed rail and been lowered and floor he landed on, hard.

Looking at photos which showed the distance Eden had fallen, Magistrate Andrew Moloney said he had a hard time understanding how Mr Hazzard could not have performed any checks or mentioned it to any other care workers.

“I’m failing to understand what he did – nothing,” Magistrate Moloney said.

“There’s more to the matter I think.”

Eden spent 10 hours in pain before another carer realised he was injured and called an ambulance.

As a result, he required surgery and extensive rehabilitation and treatment including intubation and blood transfusions.

Families for both the defendant and victim watched the court proceedings.

There was discussion regarding penalties and the maximum fine available to the court for that charge was said to be $150,000.

Barrister Simon Fisher presented a signed affidavit to the court, explaining Hazzard’s financial situation as a sole provider for his family and how his credit card, After Pay and Zip Pay debt combined with living costs would make it hard for him to pay any significant fine.

Prosecutor Robert Watson questioned the lack of documentation such as bank statements to justify that claim.

“How can Your Honour rely on that?” he asked Magistrate Moloney, who told him he could challenge the evidence put forward if he wanted to.

“I think I’m going to have to,” Mr Watson replied.

Hazzard was asked to take an oath on the witness stand where he was cross-examined regarding his financial situation.

He said he had bank statements at home but had not be told to include them with his submission.

In sentencing, Magistrate Moloney said Hazzard had breached his duty of care but otherwise had an excellent character, noting several personal references tended to the court.

Mr Fisher said Hazzard accepted he was the one responsible for Mr Camac’s injuries and was “truly remorseful”.

“My client doesn’t shy away from the fact that Mr Camac was injured,” he said.

Hazard, who coaches the Gin Gin Hawks football team, is no longer employed in the same industry and the court heard he had no intention of returning to care work.

For the workplace safety breach, Hazzard was ordered to pay a fine of $15,000, deferred to SPER.

In addition, he must pay $1104.10 in costs.

No conviction was recorded.