Yarra Valley Park Lane Holiday Park not responsible for death of camper Ben Murphy, despite tree maintenance failures, court hears

A Yarra Valley caravan park knew there was a “real likelihood” of tree branches falling on campsites when a Knoxfield father was crushed to death, despite not being responsible for his death.

The holiday park was found guilty of a workplace safety breach on Friday. Picture: Supplied.

A Yarra Valley caravan park has been slapped with a hefty fine after it was investigated over safety breaches in the wake of a Knoxfield being killed by a falling tree.

Yarra Valley Park Lane Holiday Park Pty Ltd was found guilty of a single charge under the Occupational Health and Safety Act in a jury trial in August.

The company was charged after the death of Ben Murphy on March 13, 2021, after it failed to ensure, so far that it was reasonably practicable, the workplace was safe and without risks to health.

Knoxfield dad Ben Murphy, 44, died after he was crushed by a falling tree branch at the park. Picture: Supplied.

Mr Murphy was camping at the Big4 Yarra Valley Park Lane Holiday Park when a 6m branch fell on his tent, killing him just before 6am.

He was remembered as a “top bloke” by devastated family and friends.

Judge Peter Rozen said the holiday park did not cause the death of Mr Murphy and he was “not a victim” in the legal definition for this case.

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Rather, the holiday park was found guilty on the basis that it failed to have trees checked regularly by an arborist.

The court found it was “reasonably practicable” for an arborist to assess the site annually.

“There was a real likelihood of the risk (of branches falling) eventuating,” he said.

“It did eventuate and with tragic consequences.”

The court heard the holiday park had several large tree branches which hung over campsites. Picture: Supplied.

After Mr Murphy’s death the caravan park engaged an arborist who found 187 trees in the park required remedial work to mitigate the risk of falling branches.

Many of these trees hung over campsites — 85 were found to need mitigation work in the next 12 months but none were found to be an immediate risk.

The court heard the branch that fell on Mr Murphy was not directly hanging over his tent, but hit him due to the way it fell.

Judge Rozen said if there had been an assessment of that tree it would have been unlikely to have been flagged as unsafe.

Yarra Valley Park Lane Holiday Park was convicted and fined $475,000 for the safety breach.

The maximum penalty for this charge is more than $1.4m.