Charges against Queensland Fire Department dropped over death of SES volunteer Merryl Dray

Charges have been dropped over the death of a Queensland SES volunteer who drowned in raging flood waters.

The funeral of Merryl Dray, who died while responding to a call for assistance from a family whose home was threatened by floodwater. Picture QFES

Charges have been dropped over the death of Queensland SES volunteer Merryl Dray, who drowned in raging flood waters while on her way to rescue a family in need.

Queensland Fire Department was facing a charge of failure to comply with health and safety duty over the 62-year-old’s death in 2022, but in a bombshell move on Monday the prosecution dropped the charge.

It followed a lengthy, two-year investigation by Office of Industrial Relations prosecutors into Ms Dray’s death after the car she was travelling in was pushed off the road and into a creek.

Ms Dray was volunteering at Lowood SES, which she joined in 2017, when a late night job came through on February 25, 2022.

A family in Coolana had made a desperate call for help as flood waters rose around their property.

Ms Dray responded with three of her colleagues, but on the way their car was pushed off the road by flash flooding.

Merryl Dray died during a flood response at Coolana in the Lockyer Valley in February, 2022.

Her colleagues managed to escape but Ms Dray was swept away and died.

A Workplace Health and Safety investigation commenced and the charge was laid against Queensland Fire Department – the former overarching body for SES – in March.

But at Ipswich Magistrates Court on Monday, the matter was mentioned and the charge was dismissed.

A Department of Justice spokeswoman confirmed prosecution provided no evidence to offer and the defendant was dismissed.

The Queensland Fire Department said Merryl would never be forgotten. Picture QFES

A spokeswoman for the Office of the Work Health and Safety prosecutor said the charge was dropped as there were no longer “reasonable prospects” of securing a conviction.

The Queensland Fire Department said Merryl would never be forgotten.

“The Queensland Fire Department (QFD) is aware that the independent Office of the Work Health and Safety Prosecutor has discontinued the matter related to the tragic death of State Emergency Service volunteer Merryl Dray,” the spokesman said.

“Merryl will never be forgotten by the QFD and the QFD remains committed to continuous improvement to ensure the health and safety of its staff and volunteer members.”

During Ms Dray’s funeral, former QFES Commissioner Greg Leach said they would learn from her death.

A State Emergency Service (SES) crew motors past a flood gauge on the swollen Balonne river in St George, southwestern Queensland. Photo: Dan Peled

“There will be learnings from this tragic incident that we will study to ensure that our doctrine, our training (and) our operational procedures are as good as they can be to minimise the possibility of a tragedy like this ever happening again,” Mr Leach said at the time.

Ms Dray found healing in the SES when she joined after the death of her son. Her family remembered her as a caring and brilliant mother, trustworthy and a dedicated volunteer.

Originally published as Charges against Queensland Fire Department dropped over death of SES volunteer Merryl Dray