Yarra Valley Park Lane Holiday Park Pty Ltd court trial begins after death of camper Ben Murphy
A jury set to determine whether a Yarra Valley caravan park could have foreseen the risk of a tree limb falling on a holidayer began the trial by visiting the Healesville site.
Outer East
Don't miss out on the headlines from Outer East. Followed categories will be added to My News.
The trial for a Yarra Valley company has begun with the jury visiting the campsite and tree where a Knoxfield father was crushed to death by a falling tree.
Yarra Valley Park Lane Holiday Park Pty Ltd pleaded not guilty to a single charge under the Occupational Health and Safety Act.
The company was charged after an incident on March 13, 2021, after they allegedly failed to ensure, so far that it was reasonably practicable, the workplace was safe and without risks to health.
Knoxfield dad Ben Murphy, 44, was camping at the Big4 Yarra Valley Park Lane Holiday Park when the 6m branch fell on his tent, killing him.
Mr Murphy was alone in the tent when the tree limb fell just before 6am on March 13.
He was remembered as a “top bloke” by devastated family and friends following his death.
Judge Peter Rozen said the trial was not over the death of Mr Murphy but rather whether the holiday park could “reasonably foresee” the danger of the large tree limb.
The trial, which began in the County Court of Victoria on Monday, is set to last for three weeks.
The jury will be tasked with determining whether it was reasonably practicable, and the industry standard, for an arborist to make annual visits to the holiday park to assess and manage trees.
On Tuesday, the jury visited campsite 93, where the tree limb fell.
Judge Rozen instructed the jury to look at the tree, the area of the campsite and the proximity of the tree to the nearby creek.
He also warned the jury the area had changed since the 2021 accident.
Victorian aged care homes: Who meets and fails key targets
Victorian aged care residents are not getting the care they are entitled to, as providers reveal the extreme lengths they’re using to hire staff. Search and see the list.
Vic suburbs that downsizers are flocking to revealed
Experts believe some of the state’s towns could see home prices surge from next year after Baby Boomers gain access to their superannuation. SEE THE DOWNSIZER HOTSPOTS.