Camper killed by tree branch at Big 4 Yarra Valley Park Lane Holiday Park ‘not a straight forward case’, court hears

A tree branch that landed on a tent in the Yarra Valley, killing a much-loved father, “was not directly above the tent” when it fell, a court has heard.

Ben Murphy was killed at Yarra Valley Holiday park when a tree branch fell on his tent.

A tree branch that fell on a tent and killed a much-loved Knoxfield father did not fall in a straight line and instead did a “pirouette” before its fatal impact, a court has heard.

Ben Murphy, 44, was camping at the Big 4 Yarra Valley Park Lane Holiday Park when the 6m branch fell on his tent in March last year.

The holiday park directors have since been charged over Mr Murphy’s death, but the company’s lawyers on Thursday argued “it’s not a straightforward case”.

Lawyer Stephen Russell, for Yarra Valley Park Lane, said the location of the tree and path the branch took will all be live issues at the committal hearing slated for March next year.

“The branch that came from the tree was not directly above the tent,” Mr Russell said.

“It was some distance away and has done some type of pirouette and come down,” he said.

Mr Murphy was the only occupant in the tent shortly before 6am on March 13 and was remembered as a “top bloke” by devastated family and friends.

Scoresby Football and Netball Club paid tribute to Mr Murphy following his death, saying he was a big part of the club’s junior program.

“A well-loved great bloke,” the club posted on Facebook.

“We pass our sincere condolences to his loving family and many friends.”

Yarra Valley Park Lane Holiday Park Pty Ltd was in May this year charged with two counts of failing to ensure the workplace was safe and without risks to health, following an investigation by WorkSafe.

WorkSafe alleges the company failed to take reasonable measures to reduce the risk of that branch falling and also to reduce the risk of other branches falling and causing serious injury or death.

The case will return to court in March for a three-day contested committal, where a magistrate will determine if there is sufficient evidence to send the matter to trial.