Kalidonis NT Pty Ltd director Theofilos Kalidonis cleared of charges three years after Maningrida workplace fatality

The safety watchdog has dropped charges against the director of one of the Territory’s biggest construction companies ahead of a major workplace fatality trial.

The director of one of the Territory’s biggest construction companies has been cleared of all wrongdoing three years after one of his workers was killed in a horror worksite tragedy.

Kalidonis NT Pty Ltd became the first company in the Territory to be charged with industrial manslaughter, after the NT became the third place in Australia to legislate the offence in 2019 after Queensland and the Australian Capital Territory.

The landmark charge was laid after a 50-year-old worker at Maningrida was killed while allegedly trying to drag out a 36-tonne broken machine with a recently vandalised excavator.

Kalidonis NT Pty Ltd director Theofilos Kalidonis was cleared of failing to comply with their health and safety duty three years after a 50-year-old worker was killed at a Maningrida worksite.

WorkSafe alleged a heavy metal chain broke and snapped backwards and struck him in the excavator cabin.

The safety watchdog has alleged the protective cabin glass was missing due to vandals, 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.

However in March, three years after the workplace fatality, prosecutors dropped the industrial manslaughter charge against the company.

Theofilos Kalidonis and his company Kalidonis NT Pty Ltd both faced the lesser charge of failing to comply with their health and safety duty, but on Thursday WorkSafe announced new changes to the case.

WorkSafe barrister Paul Crean told Darwin Local Court the safety watchdog was dropping all charges against Mr Kalidonis, but a trial against his company was expected to proceed next year on the alleged failure to comply charge.

Defence lawyer Luke Officer and Kalidonis NT Pty Ltd director Theofilos Kalidonis leaving Darwin Local Court.

Kalidonis’s lawyer Luke Officer said a trial hearing had been set for April 15, with a case management inquiry to be held the month before.

The maximum penalty for a company failing to comply with its health and safety duty is $1.5m — 85 per cent less than the maximum penalty for industrial manslaughter which carries a $10.2m fine.

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.