Danny O’Brien Racing pleads not guilty to failing to provide a safe workplace over Connewarre fatality

Melbourne Cup-winning horse trainer Danny O’Brien is fighting a charge related to the death of a stable worker, who was killed when he was hit by a car near Thirteenth Beach.

Danny O'Brien. (Photo by Reg Ryan/Racing Photos via Getty Images)

Celebrated horse trainer Danny O’Brien Racing is fighting a charge over the death of a stable worker, who was killed when he was hit by a car near Thirteenth Beach.

Melbourne Cup winner O’Brien faced the County Court in Geelong on Monday, where he pleaded not guilty on behalf of his company – O’Brien Thoroughbreds, operating as O’Brien Racing – to allegedly failing to provide and maintain a working environment that was safe and without risk to the health of employees. 

O’Brien’s defence said the accident was related to a driver using cannabis and was not a workplace issue.

The scene of the fatal collision on Thirteenth Beach. Picture: Alan Barber

On March 9, 2020, riders from the O’Brien stable were on Thirteenth Beach Rd in Connewarre just before sunrise to take horses out for training.

The court heard one of the workers, a Japanese national, was crossing the road on a horse when he was struck by the car and died as a result of significant head injuries.

Crown prosecutor Megan Tittensor KC said the road was “very dark, almost pitch black” at the time of the incident.

Danny O'Brien outside court on Monday.

Ms Tittensor said the prosecution’s case was that Mr O’Brien’s company failed to provide employees with high-visibility gear to prevent serious accidents or death. 

Ms Tittensor said the company was breaching its duty to look after its employees by failing to have an appropriate system in place to look after their safety.

This included the failure to use appropriate traffic-management measures as well as high-visibility clothing.

Paramedics talk to witnesses at the accident scene. Picture: Alan Barber

In her opening address to the jury, she said employers must do all they can to eliminate risk to workers, and if they cannot eliminate those risks, they should do all they can to reduce them.

A few weeks after the incident, Mr O’Brien told a WorkSafe inspector he had no formal system for crossing the road and employees were informed verbally about what actions they should take, the court heard.

Mr O’Brien’s defence counsel, barrister Damien Sheales, said his client had found himself in court because of the actions of a driver.

Mr Sheales said O’Brien wasn’t on trial for the death of his employee, and said the driver, who tested positive to cannabis, was to blame.

“A road accident is being turned into a workplace issue when it is no such thing” he said.

The trial continues.

Originally published as Danny O’Brien Racing pleads not guilty to failing to provide a safe workplace over Connewarre fatality