Titan Plant Hire and managing director Jason Madalena plead guilty over the death of Dwayne Beaumont at work
A Darwin equipment hire company and its managing director have pleaded guilty following the workplace death of Dwayne Beaumont almost four years ago.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
Titan Plant Hire and managing director Jason Madalena pleaded guilty in Darwin Local Court on Friday to charges relating to the death of worker Dwayne Beaumont, who died at work in April 2019.
Mr Beaumont, 30, was crushed by an unrestrained excavator bucket while he and another worker were loading the heavy piece of machinery onto a flatbed truck.
Titan Plant Hire was charged with failure to comply with health and safety, while Mr Madalena was charged with failure in due diligence.
The court heard that prior to the incident Mr Beaumont had raised concerns with Mr Madalena surrounding his lack of experience and training in loading the heavy piece of machinery on his own.
As a result Kim Murray, a qualified and experienced plant operator, was called in to lend assistance to Mr Beaumont, however he was not provided instruction on the safety guidelines.
The pair drove to the business in a flatbed trailer to load the excavator which was fitted with a large bucket, and carried two smaller unrestrained buckets and a ripper inside.
During the loading process a loud bang was heard from the excavator followed by yells from Mr Murray to call an ambulance.
The excavator pilot alleged at the time he could not see the victim who was helping guide the hired equipment.
The company and Mr Madalena were both charged in May, 2021, with another initial charge of criminal recklessness later withdrawn.
NT Worksafe’s lawyer Duncan McConnel told the court the defendants had failed to ensure a safe system was in place for the operation.
“The defendant failed to ensure that there was a safe system of work in place for the operation, loading and transportation of heavy machinery and or equipment,” he said.
“Beaumont had no qualifications or experience as a spotter suitable for loading the excavator.
“This is not workers or employees doing what is expected of them, this is the managing director and the company itself not implementing the system that it had described.”
Charges were initially brought against Mr Murray, however they were later withdrawn due to his ailing health.
He has since passed away.
Mr Beaumont’s partner Bailey Robson and older sister Rebecca Beaumont read victim impact statements to the court describing the pain of the life lost.
“We intended to be together for our whole lives, we intended to have a family and our own home,” Ms Robson said.
“He should be here doing all the things that we had planned, and he should be here watching his nieces and nephews grow up and teaching them how to fish.
“I wake up every morning wishing it was different, and I wish he could wake up with me.
“The NT way of she’ll be right mate and the lack of safety procedures and duty of care has left us without Dwayne, we now have to live life without him and are the ones living a life sentence.”
Outside court Ms Beaumont said reading the statements in court felt like doing some justice for her brother.
“We had delayed in writing our victim impact statements for a long time because of the emotion that brings up,” she said.
“But to finally write it and read it, in front of the judge and defence was pretty overwhelming, but it was a good feeling and felt like we’re getting a bit of justice for Dwayne.”
Also gathered in court was Mr Beaumont’s parents Gary and Marcia, and Dwayne’s sister Rachel.
The matter will return for sentencing next week.
The maximum penalties for the charges would see Titan Plant Hire fined $1.5m, while Mr Madalena could be fined up to $300,000.
Man charged with DV murder kept in court cells due to ‘safety risk’
Days after a woman was found dead in the Red Centre – allegedly beaten to death – a man has been charged, but he was kept from the public eye for his first court date. Find out why.
Anger after second Alice Springs woman allegedly killed in weeks
The Territory’s Domestic Violence minister failed to respond to questions as Alice Springs mourns the loss of the second woman allegedly killed since the start of the year.