Kalidonis NT Pty Ltd cleared of Maningrida industrial manslaughter charge

Prosecutors have dropped the first ever industrial manslaughter charge in the NT, withdrawing allegations against one of the Territory’s biggest construction companies.

Theofilos Kalidonis and his company Kalidonis NT Pty Ltd were charged over the death of a 50-year-old worker at Maningrida on March 20, 2020.

The first-ever charge of industrial manslaughter in the Territory has been dropped, leaving a titan of the construction industry facing minor work safety violations over a fatal incident.

Kalidonis NT Pty Ltd last year became the first company in the Territory to face the new workplace safety charge, over a workplace fatality in Maningrida on March 20, 2020.

The company initially faced three workplace safety charges, with the most severe manslaughter charge carrying a potential fine of up to $10.2m over the death of a 50-year-old worker.

As the company’s sole director, Theofilos Kalidonis faced two additional charges of reckless conduct risking death and failure to comply with his health and safety duties.

However, on Monday prosecutor Chrissy McConnel told Judge Ben O’Loughlin that WorkSafe would be withdrawing the industrial manslaughter charge.

Ms McConnel said prosecutors would also no longer be pursuing two other serious allegations, also dropping charges of reckless conduct causing death against Mr Kalidonis and his company.

Theofilos Kalidonis and his company initially faced five workplace safety charges in relation to a fatal incident at Maningrida.

Three years after the workplace death only two charges remain, with Kalidonis and his company each facing a charge of failing to comply with his health and safety duty.

The maximum penalty for this charge is a $300,000 fine for an individual and $1.5m for a company.

Kalidonis is one of the biggest construction companies in the Northern Territory, with projects including government tenders for remote housing, the Darwin Waterfront wave pool and Palmerston Water Park.

NT WorkSafe has previously alleged the 50-year-old worker, who was driving a recently vandalised excavator, was using a damaged chain to drag a broken 36-tonne machine when the fatal incident occurred.

It was alleged the worker was trying to tow out a second broken excavator from the Maningrida worksite when a chain snapped, recoiled, and struck him in the excavator cabin.

WorkSafe previously alleged the protective cabin glass was missing due to vandalism, the chain was damaged and unsuitable for towing, a risk assessment was not completed and a safe work procedure was not developed for the recovery of a broken down excavator.

Mr O’Loughlin adjourned the two remaining charges for a hearing on April 24.

Industrial manslaughter legislation passed the NT parliament in September 2019, making the Territory the third Australian jurisdiction to pass such laws joining the ACT and Queensland.

Since the legislation passed three years ago only one other company has been charged with industrial manslaughter, with Rainbow Beach Constructions contractor Craig Williams due for a first mention appearance on March 28.