Company charged over death of Inpex worker, Carl Delaney, let off
ONE of the companies charged with breaching workplace laws and causing the death of Inpex worker Carl Delaney in 2017 has been let off
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- Companies charged over the death of Inpex worker Carl Delaney face court for the first time
- NT Worksafe has charged two companies over the death of Inpex worker Carl Delaney
ONE of the companies charged with breaching workplace laws and causing the death of Inpex worker Carl Delaney in 2017 has been let off.
Australian company Whittens Group and Japanese company Kawasaki Heavy Industries were both charged by NT WorkSafe after Mr Delaney died when he fell from scaffolding and was engulfed by perlite insulation dust in November 2017, causing him to suffocate.
NT WorkSafe alleged he was working alone and wearing an unsecured harness at the time and the two companies failed to maintain a safe system of work or provide supervision as required under workplace law.
Both companies argued for the charges against them to be dropped last month, saying the complaint issued by NT Worksafe’s lawyers was “defective”.
Counsel for both companies argued the complaint did not contain enough information to prove the charges, and that amendments to the complaint alleged an entirely new charge outside of the two-year statute of limitations.
Darwin Local Court Judge Tanya Fong Lim told the court on Thursday she decided to quash the charges against Kawasaki, but that the complaint against Whittens still stood.
“ I am of the view that the complaint and particulars against Kawasaki cannot be saved … the prejudice to the defendant in these circumstances was too great to allow,” she said.
However, she said the complaint against Whittens “discloses an offence known to law” but also required amendment.
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NT WorkSafe now have three weeks to amend their complaint and try to prosecute Whittens again.
The matter will return to court on November 1.
A date to settle costs is yet to be set.
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