Lyons Construction guilty over CBD hoarding collapse on Moorabool St

A respected Geelong construction company has admitted responsibility for a hoarding collapse on a CBD footpath that saw a man narrowly escape being crushed.

Lyons Construction has been found guilty over the collapse of hoarding on one of its constructions sites on Moorabool St on December 28, 2022. Photos: Shaun Viljoen.

One of Geelong’s most respected construction companies has escaped conviction over a hoarding collapse that saw a pedestrian narrowly avoid being crushed as he walked along a CBD footpath.

EJ Lyons and Sons Pty Ltd, better known as Lyons Construction, faced the Geelong Magistrates Court on Thursday on serious charges after the “horrendous” near-miss on December 28, 2022.

The court heard the group was guilty of failing to ensure persons were not exposed to risk after almost 20 metres of temporary barriers collapsed onto a Moorabool St footpath on December 28.

A CCTV video of the incident was played in court and illustrated how close a man came to probable death or serious injury.

The collapse damaged cars with one pedestrian lucky to avoid injury. Photos: Shaun Viljoen.

The footage showed the hoarding fell almost seven seconds after he had walked past it.

The prosecution argued it was “a matter of good fortune” he was not killed.

The court heard another four pedestrians had walked along the same footpath, in between Ryrie St and Myers St, in the six minutes prior to the collapse.

Lyons Construction managing director, Steve Lyons, and his grandfather and company chair, Norm Lyons, both appeared in court and had displayed genuine remorse over the incident, according to their defence counsel.

The site, at 181 Moorabool St, was a multimillion dollar three-level project for developer Up Property.

The prosecution said that “on at least two occasions” Lyons Construction had been put on notice about the lack of compliance regarding the hoarding.

The company plead guilty to the failure but argued their contribution to the Geelong community over 96 years should be taken into consideration before sentencing.

Steve Lyons, Kevin Lyons and Norm Lyons celebrating Lyons Construction’s 95th year in business in 2024. Picture: Alan Barber.

They said any recorded conviction would have major financial consequences on future business, largely government-based contracts, as it would need to be disclosed.

The prosecution said a conviction would be adequate despite the economic consequences it would have on the prominent company.

The court also heard about the devastating case involving a Melbourne sign company who erected an advertising hoarding on a wall on Swanston St.

The board and part of the brick wall fell and killed three people in 2013.

Magistrate Kimberley Swadesir said she accepted the fact Lyons Construction was alerted to the risk of the barriers.

“I find it clear that the company knew of the issue but for whatever reason no steps were taken to address the issue,” she said.

Ms Swadesir said the construction site was in a busy area in Geelong and over the Christmas period.

“The concern of the risk is incredibly high and you can see by the footage there could have been a horrendous outcome,” she said.

“Many, many people were moving during that period.”

Ms Swadesir said a discount had been given for the guilty plea before handing down a $25,000 fine without conviction.

Originally published as Lyons Construction guilty over CBD hoarding collapse on Moorabool St