Jeffrey Owen guilty, jailed over Noel Ormes’ death

History was made in Gympie District Court on Friday morning, when a businessman was the first individual to be convicted of industrial manslaughter after his friend of 20 years was crushed at his business.

History was made in Gympie District Court on Friday morning, when business owner Jeffrey Owen was found guilty of industrial manslaughter.

A Queensland Industrial Relations spokesperson told the Gympie Times Owen was the first individual in the country to be convicted of the charge, which commenced under the workplace health and safety act in 2017 in the wake of the deaths of four people at theme park Dreamworld the year before.

The jury took four hours across Thursday and Friday to reach the guilty verdict.

Owen, 67, was supported by half a dozen people in the public gallery, who were teary while his sentence was being handed down.

Owen, who owns Owen’s Electrical Motor Rewind on Tozer St, was charged with industrial manslaughter after 60-year-old Gympie man Noel Ormes was crushed by a falling generator on July 3, 2019.

The court heard the crux of the matter came down to Owen’s negligence as an employer which caused Mr Ormes’ death.

It was not implied Owen had any intention of harming Mr Ormes.

The court previously heard the generator was too heavy for the forklift, which was rated to lift no more than 2.7 tonnes.

The generator itself weighed three tonnes, the court heard.

Noel Ormes died at Owen’s Electrical Motor Rewind (pictured) in July 2019, after he was crushed by a falling generator.

CCTV footage from the morning the accident happened showed the rear of the forklift lift off the ground while carrying the generator.

The man helping Owen and Mr Ormes had jumped on the back of the forklift to act as a counterweight after Owen, who was operating the forklift, had left the vehicle unattended.

He and Mr Ormes were placing wooden pallets down to rest the generator on at the time.

Judge Glen Cash said Mr Ormes had put himself at risk by moving out of sight and behind the generator while doing this.

Then, the generator slipped from the tines of the forklift, rolled on to its side and landed on Mr Ormes, crushing his pelvis and legs.

Judge Cash described the incident as “inevitable”.

Owen and the other man moved the generator off Mr Ormes and called 000, but he died from his injuries despite Owen performing CPR on Mr Ormes.

The court heard Noel Ormes (pictured) was a volunteer worker at Owen’s Electrical Motor Rewind, and had been friends with Jeffrey Owen for 20 years. Photo Tanya Easterby / The Gympie Times

The court previously heard no safety procedures were in place prior to Mr Ormes’ death, but were immediately put into effect afterwards.

Owen had assisted with investigations, but pleaded not guilty to industrial manslaughter on Tuesday, March 22.

Judge Cash said Owen and Mr Ormes had been friends for 20 years, and they saw each other almost everyday at the Tozer St business where Mr Ormes volunteered.

“It is also to be noted your involvement … has weighed heavily upon you in the time since,” he said.

“Since Mr Ormes’ death, each day you have attended work you have been reminded of these events.”

He said Owen was deeply remorseful over the accident.

Owen was sentenced to five years behind bars, but will only serve 18 months before the rest of his sentence is suspended.

A conviction was recorded.

Jeffrey Owen was supported by seven people in the public gallery on Friday morning when the verdict was delivered, including his son and wife.