Ergon Energy in court for fatal industrial incident at Lake Mary Pines

Two men involved in an industrial incident at a Queensland farm that saw several people electrocuted have shared how they desperately tried to save their mate before he died as a major power firm faces a huge fine.

Cody Smith was killed in an industrial incident on July 14, 2021 at Lake Mary Pines in Bungundarra. Picture: Aden Stokes

Two men involved in an industrial incident at a Capricorn Coast pineapple farm that saw several people electrocuted have shared how they performed CPR on their co-worker who died, as a major electrical company faces a massive fine.

Ergon Energy Corporation Limited was sentenced in Rockhampton Magistrates Court this week for a single charge of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness.

A guilty plea was entered by the company’s solicitor, Mr Murdoch.

Work Health and Safety prosecutor Sophie Harburg said a number of workers at Lake Mary Pines in Bungundarra were using a harvester to pick pineapples on July 14, 2021 in a field spanned by an overhead power line.

Cody Smith.

Ms Harburg said the power line ordinarily sat at about 7.8m above the ground, but on July 14, 2021 the power line sat about 4.52m.

She said the top of the harvester sat about 4.36m high and that it either contacted or came very close to the overhead power line and workers Nathan Stevens, Joshua Fritz, Simone Ronchi, Ian Page and Raymond Sheriff received electric shocks and were taken to hospital.

She said Cody Smith, 25, was electrocuted and died.

‘NO ONE REACHED OUT TO SEE IF I WAS OKAY’

Mr Sheriff read his victim impact statement to the court and said since the incident he was not the person he once was.

“To be suddenly confronted with a near-death experience has damaged me physically, mentally and spiritually and I feel with each passing day I lose a little more of my former self,” he said.

He said he now must go through life “with a completely new and unwanted set of rules, trying to deal with PTSD, depression, survivors guilt, anxiety, panic attacks, physical pain, mood swings, fatigue, exhaustion, anger, bitterness and social isolation”.

Raymond Sheriff leaving Rockhampton Courthouse on September 7, 2023. Picture: Aden Stokes

“I now find myself requiring several medications and therapies to keep me from going under,” Mr Sheriff said.

“One of the most devastating aspects of this whole incident is the total lack of care and compassion for my welfare after the incident.

“No one reached out to see if I was okay and I am extremely disappointed and bitter as a result.”

Ms Harburg said in Mr Page’s victim impact statement he spoke of having to drag Mr Smith away before performing CPR on him.

Police tape at the scene on July 14, 2021 at Lake Mary Pines in Bungundarra.

She said he suffered ongoing muscle pain and altered sensation, as well as joint pain in both hips and shoulders.

Ms Harburg said he had nightmares, experienced distressing, intrusive memories and lived a more restrictive life due to anxiety and panic attacks.

She said he felt upset and sometimes guilty.

“He says ‘my life has been turned upside down, I wish Cody was still here and the whole thing never happened’,” Ms Harburg said.

Ms Harburg said Mr Fritz stated in his victim impact statement Mr Smith was not only his co-worker, but also his best friend.

“He was involved in an attempt to resuscitate him after the event which was not successful,” she said.

She said he was socially withdrawn and experienced nightmares, flashbacks and intrusive memories.

Ms Harburg said he was diagnosed with post electric shock syndrome and experienced ongoing shoulder pain.

Police officers at the scene on July 14, 2021 at Lake Mary Pines in Bungundarra.

“He says there are days he experiences difficulty getting out of bed due to pain,” she said.

“He says he is concerned he will never be able to return to full time employment.”

Ms Harburg said in Mr Ronchi’s victim impact statement he described being electrocuted as a terrifying experience.

She said he experienced nightmares and ongoing issue with his right wrist.

“He says his life will never be the same,” she said.

Ms Harburg said Ms Valsecchi was diagnosed with post traumatic stress disorder and in her victim impact statement described what happened as completely changing her life.

“She feels she is no longer the same person she used to be,” she said.

“She describes anxiety, fear and expecting the worst to happen as being constantly with her.”

STAY WIRE ATTACHING TO THE POLE HAD BROKEN

Ms Harburg said investigations identified the power line dropped in height due to a broken stay wire attaching to the pole, which was seen to be on a slight lean on July 14, 2021.

“One of the two stay wires attaching to this pole had corroded over time and had broken,” she said.

“The precise date when that stay wire broke is not known.

“The worst of that corrosion had occurred underneath a stay guard which is sheath that attaches over the top of the stay wire.”

She said prior to the incident on September 10, 2020 the pole had been inspected by an asset inspector on behalf of Ergon Energy and corrosion on the stay wire attaching to the pole was noted.

“No structural defects were recorded, only surface rust,” she said.

“There is no issue with that inspection and that result in accordance with the policy that was in effect at that time.

Work Health and Safety prosecutor Sophie Harburg (right) leaving Rockhampton Courthouse on September 7, 2023.

“The issue is that inspection process did not require an inspection of the stay wire underneath the stay guard.”

She said Ergon Energy could have rendered the power line electrically safe by ensuring the routine visual inspection of the entire length of the stay wires, including the portion obscured by the guard.

“That wasn’t done,” she said.

“That was in contravention of the defendant’s duty and that failure exposed the farm workers to a risk of death or serious injury.”

She submitted Ergon Energy be fined between $300,000 to $400,000.

Mr Murdoch said his client extended its deepest sympathies to Mr Smith’s family and to the other workers who were injured or who witnessed the incident.

The court heard after the incident at Lake Mary Pines Ergon Energy had implemented routine inspections of stay wires under stay guards when inspecting poles.

Ergon Energy Corporation Limited solicitor, Mr Murdoch (right), leaving Rockhampton Courthouse on September 7, 2023. Picture: Aden Stokes

Mr Murdoch said his client was also taking active steps to bring to the attention of the farmers the risks and what they should be doing to manage risks.

It was also heard in court two days prior to the incident on July 12, 2021 workers at Lake Mary Pines were working underneath the power line in a different area of the pineapple field and allegedly saw the power line was in proximity to the harvester.

Mr Murdoch said no notification had been given to his client and that had his client been notified the matter, they would have been remedied swiftly.

He submitted the fine suggested by the prosecution was excessive.

Magistrate Philippa Beckinsale adjourned the matter to October 20, where she is expected to hand down a sentence.

Colin Martin Stevens and Nathan Luke Stevens are also facing a charge of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness.

The court heard their matter was to go to trial on October 31, 2023.