Bradley Hardwick mine death: Charges dropped against senior mine workers

Prosecution has made a legal decision that has changed the course of a Queensland mine death case – and the mining union is now asking why.

Work Health and Safety prosecutors have decided not to pursue charges against two senior mine workers over the catastrophic death of Bradley Hardwick at a Central Queensland mine, in a move that has left the mining union asking why.

The father of two was crushed to death by the grader he had been operating after its braking system allegedly failed on February 20, 2019 at Moranbah North underground coal mine.

He had stopped the grader on a travel road and stepped off the machine, when it rolled tragically striking the father of two before also colliding with a drift runner carrying a number of other workers.

The Hardwick family – Lisa, Bradley, Cooper and Isabella.

On February 14, 2020 coal mine operator Anglo Coal (Moranbah North Management) Pty Ltd, site senior executive Paul Stephan and maintenance and engineering manager Steven Schwarz were charged over the Mr Hardwick’s death and grievous bodily harm injuries to four workers.

However charges have now been dropped against Mr Stephen and Mr Schwarz after WHS prosecutors determined “there were no reasonable prospects of securing convictions” against the two, who were going to defend the allegations in a four-week trial later this year.

CFMEU Queensland president Stephen Smyth said it was an “even harder slap in the face” following the decision not to prosecute over the Grosvenor Mine blast where five workers were seriously injured and called on the prosecution to please explain.

An Office of the Work Health and Safety Prosecutor spokesman said on April 7, 2022 an industrial magistrate listed all matters for a joint four-week trial to begin later this year.

Mr Hardwick was operating a grader at Anglo American Moranbah North mine when he was crushed to death. Picture: Tara Miko

“In light of that listing, the acting Work Health and Safety Prosecutor Mr David Gore reviewed the strength of the evidence against each of the defendants,” the spokesman said.

Mr Gore concluded there “remained reasonable prospects of securing a conviction” against Anglo Coal, however on July 8 he “directed the charges against Mr Stephen and Mr Schwarz be discontinued.

But Mr Smyth said the mining giant was just a “faceless corporation”.

“The industry is being left in the dark about why no one is being held accountable for incidents that result in the loss of life in the coal mining industry,” he said.

CFMEU Queensland president Stephen Smyth

In mid 2020, Queensland parliament passed legislation introducing industrial manslaughter as an offence into all resources laws including mining and quarrying.

“Even with the beefed-up legislation … it just does nothing,” Mr Smyth said.

Anglo is charged with breaching its obligation to ensure the risk to coal mine workers while at the mine is at an acceptable level, including providing and maintaining a safe workplace in that it failed to ensure the mine developed and implemented a system for testing the grader’s park brake independently of the service brakes.

Mr Stephan and Mr Schwarz were charged over allegations they failed to ensure the mine developed and implemented a system for testing the grader’s park brake independently of the service brakes.

The spokesman said the discontinuation of these charges would be effected before an industrial magistrate in Brisbane later this month and the trial against Anglo would go ahead later this year.

Mr Hardwick is one of three workers killed at Moranbah North underground mine.

Gavin Feltwell, 59, died when a four-tonne load shifted and fell while he was dismantling conveyor equipment about 10pm on March 25, 2022.

Jason Blee, 33, died on April 9, 2007 from crush injuries when he was trapped between a shuttle car and the rib.

This publication contacted Anglo Coal for comment, but the company declined as the matter was still before the courts.