Nathan Stevens’ not guilty verdict for fatal electrocution overturned

The owners of a Central Queensland farm have been delivered a blow this morning in an appeal decision by a District Court judge.

Lake Mary Pines owner Nathan Stevens (left) leaving Rockhampton Magistrate Court during the hearing where Workplace Health and Safety Queensland alleges Lake Mary Pine owner Nathan Stevens and his father, '"retired" former owner Colin Stevens, failed in their duties as employers to ensure workplace was electrically safety to work in.

The owner of a Central Queensland farm has been delivered a blow this morning in an appeal decision by a District Court judge.

Nathan Luke Stevens was initially found not guilty in March 2024 by Rockhampton Magistrate Cameron Press of allegedly failing to comply with electrical safety duties after Cody Smith, 25, died after being electrocuted while picking fruit at Lake Mary Pines at Bungundarra on July 14, 2021.

Six others were also electrocuted, including Nathan Stevens.

His father, Colin Stevens, who is retired but still helps out on the farm, was standing on the 4.6 metre-tall harvester driven by Ryan Doak when it struck a 12,500 voltage powerline and the current ran down the boom (an arm-like attachment) which workers loaded with pineapples as they moved through the wet rain-drizzled patch.

Michela Valsecchi worked on the harvester and Nathan walked behind.

Cody Smith was killed in an industrial incident at a pineapple farm in Bungundarra on July 14. Picture: Facebook

Five employees (Ian Page, Raymond Sheriff, Cody Smith, Joshua Fritz and Simone Ronchi) walked behind the boom as the machines slowly moved forward through the pineapple patch.

Each employee who worked for the Stevens’ at Lake Mary Pines on July 14, 2021, gave evidence in a Rockhampton Magistrates Court hearing in November 2023 after Nathan and Colin Stevens both pleaded not guilty to one count each of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness.

Most of the workers that had been on the farm on July 12 and 14, 2021, claim they heard Colin Stevens say “we almost hit the powerline” on July 12, almost 48 hours before the harvester had electricity shoot through it and the attached boom, electrocuting Mr Smith in the chest.

Some also claimed to have heard farm owner Nathan say his father was a “silly old c***. Don’t know what he is talking about. Could fit two harvesters under it”.

Mr Press found both not guilty.

Workplace Health and Safety prosecutors appealed Mr Press’ decision and a hearing was held in the Rockhampton District Court on January 24.

Judge Jeff Clarke on February 28 upheld Mr Press’ not guilty verdict for Colin Stevens but found Nathan Stevens guilty.

In his findings, Judge Clarke stated Mr Press erred in finding a comment made by Colin on July 12, 2021 was not admissible against Nathan Stevens.

Lake Mary Pines former owner Colin Stevens leaving Rockhampton courthouse after pleading not guilty to one count of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness. They were charged following an accident on July 14, 2021, where six workers, including 25-year-old Cody Smith, were electrocuted when a harvester either hit power lines or came within close vicinity. His son and current owner of the farm, Nathan, has also entered a not guilty plea to the same charge for the same accident.

He also ruled the magistrate had erred in finding the prosecution had not excluded the possibility the power pole and power line had moved after July 12, 2021.

Judge Clarke stated Mr Press also erred in his finding that the prosecution had to prove beyond a reasonable doubt that Nathan Stevens had knowledge or awareness of the danger of the powerline in order to prove his breach his electrical safety duty to which he pleaded not guilty.

He further stated Mr Press then erred in finding Nathan Stevens not guilty on the basis that the prosecution had not proven that point beyond a reasonable doubt.

“I expect it is commonplace that trustees of a family trust operating a business take little to no active role in the work or service being conducted by the business,” Judge Clarke stated in the published decision.

“I also expect that a past manager or person conducting a family farming operation would be inclined to keep some connection with the business, and even continue to assist, including by giving directions to workers.

“Notwithstanding their legal obligations, I am not persuaded that means they must relinquish their title as trustee, lest they be held accountable as a person conducting the business.

“I note the third trustee was not prosecuted for this offence.

“I am satisfied that Colin Stevens was not ‘solely’ a worker, by reference to the definition in the Act, nonetheless I am not prepared to find beyond reasonable doubt that he was a person conducting the business or undertaking, at the relevant time.”

It is for that reason Judge Clarke dismissed the appeal against Colin Stevens’ not guilty verdict.

He stated that the comment Colin made to Nathan on July 12 about almost hitting the powerline alerted Nathan to the risk and he should have acted “to ascertain the height of the powerline, made sure that the harvester was not being used and that workers were not within the exclusion zone, and arrange for the power supplier to de-energise the line”.

“In failing to do any of those things, he has failed to discharge his duty,” Judge Clarke wrote.

Nathan Stevens’ matter has been adjourned for mention on April 4.