Hay company found guilty at trial after workplace death of Bendigo father Harley Muir

An Australian hay manufacturer has been found guilty at trial of criminal negligence after claiming the workplace death of Bendigo dad Harley Muir was suicide.

Bendigo father Harley Muir died in a workplace incident at the Hay Australia Bridgewater plant on Monday Feburary 1, 2021. Picture: Facebook

A jury has convicted an Australian hay manufacturer of criminal negligence following the workplace death of a beloved Bendigo dad after the company claimed he took his own life.

Harley Muir, 29, was killed when he became entangled in a multibaler machine just before 12.30pm on February 1, 2021 owned by Hay Australia Victoria at the time in Bridgewater, near Bendigo.

Court documents revealed Mr Muir stepped on a guard rail and looked into the machine before the strapping arch moved and crushed him.

The company, at the time of the death, was called Hay Australia Victoria but was charged under the name 623452924HAV PTY LTD.

The bridgewater plant has since been purchased by Hay Australia, which has no relation to the court case.

Bendigo father Harley Muir died in a workplace incident at the Bridgewater plant on Monday Feburary 1, 2021. Picture: Facebook

Worksafe took the company to trial in Bendigo County Court following Mr Muir’s death, arguing the tragedy could have been avoided with the installation of a safety curtain.

The national hay exporter pleaded not guilty to failing to provide or maintain a safe working environment, arguing Mr Muir had taken his own life.

During closing statements on Thursday, crown prosecutor Peter Matthews SC said suicide was “not plausible”, arguing Mr Muir was “troubleshooting” the machine when he was killed.

“In the minutes before he was trapped ... he was concerned about something occurring with strappers 1 and 2. This was what was on his mind and that was clear,” he said.

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“He spent lots of time working on that machine and right at this very moment he was trying to fix a problem. That is not the state of mind of a person who’s reached a point of wanting to kill himself.”

Prosecutors also told the court Mr Muir had planned to go to lunch with his family that day and was “excited about being a father again”.

A jury will consider whether Harley Muir took his own life during a fatal workplace incident Picture: Facebook

In relation to the charge against the company, Mr Matthews said a “light curtain” should have been installed at that section of the machine beforehand which would have prevented the fatal incident.

But counsel for the defence Stephen Russell — representing 623452924HAV PTY LTD — submitted there was no need to install additional safety precautions in that particular area of the machine because “no one had ever been up there”.

“One thing we say is no one anticipated anyone would access that area in the way Mr Muir did,” he said,

“When we look at whether there was an existing risk, there’s no work to be done up there and nothing to see. There’s nothing to adjust up there and no controls.

“You’ve got to take account people doing something carelessly. But I don’t understand the law to be that you have to take protection to someone who may deliberately do something contrary to his training and so far outside what would be expected in the working area.”

Mr Russell submitted that the likelihood of an offence occuring where Mr Muir was killed

was “remote”.

Harley Muir, 29, suffered fatal injuries when he became entangled in machinery at the Bendigo Factory Picture: Schutz Industries.

It was also accepted by prosecutors that no one had been in that part of the factory before.

Mr Russell said CCTV footage — which had previously been played to the jury — showed Mr Muir “placing his head as far as he can” into the gap of the machine, while also describing Mr Muir as a “deeply troubled person”.

“There is evidence that we say supports suicide,” he said.

“He’d made previous attempts (on his life) and had had treatment for various mental health problems.

“It was a difficult thing for him to put his head in that area...he’s more than 6ft tall and would’ve had to get up on his toes to get in there.

“He’s not doing any looking at all, he’s placing his head as far as he can into the gap.”

The case was adjourned ahead of sentencing.