Titan Plant Hire in court over fatal Darwin workplace incident

The loved ones of a worker who was crushed by an industrial bucket at a Darwin business have waited years for answers.

THE loved ones of a worker who was crushed by an industrial bucket at a Darwin plant hire company have waited three years for answers.

Titan Plant Hire was charged with criminal recklessness over a fatal industrial incident at Wishart in 2019, where a 30-year-old man was crushed by a bucket.

On Wednesday representatives for the Wishart business and NT WorkSafe appeared before Judge Alan Woodcock at Darwin Local Court.

Titan Plant Hire was charged with reckless conduct risking death and failure to comply with their health and safety duty.

The company’s director and an excavator operator were also charged with reckless conduct.

WorkSafe has previously said the 30-year-old, who the family did not wish to name, drove to the business in a flatbed trailer to hire an excavator on April 29.

The machinery was fitted with a large excavator bucket, with two smaller unrestrained buckets and a ripper inside.

The excavator operator, Kim Murray allegedly could not see the 30-year-old as the worker helped guide the hired equipment.

Mr Murray, a qualified and experienced plant operator, was at the helm when the smaller excavator bucket dislodged and hit the man, fatally crushing him.

Police investigate a scene at a Berrimah Worksite on Monday evening. PICTURE Will Zwar

The company, its director Jason Frank Madalena, and the excavator operator Murray were charged by WorkSafe in May 2021.

NT WorkSafe alleged that Titan Plant Hire knew, or should have known it was extremely hazardous to allow workers to work near a moving mobile plant.

It also alleged the plant did not have a safe system to keep workers and other visitors separated from moving machinery, did not provide an induction into the workplace or systematically check the qualifications, or supervise workers as they loaded plants.

Police investigate a scene at a Berrimah Worksite on Monday evening. PICTURE Will Zwar

Company director Madalena faces two charges for failing to exercise its due diligence, allowing Titan Plant Hire to breach its duties.

Mr Murray was initially charged, but his case was withdrawn in October 2021.

A spokesman said NT WorkSafe was provided medical evidence that Mr Murray was dying and withdrew the charges against him.

Mr Murray has since passed away.

“It is standard practice for charges against an individual to be withdrawn, if the individual charged has died,” NT WorkSafe said.

If found guilty, Titan Plant Hire faces a maximum combined penalty of $6 million.

Madalena’s charges carry a maximum combined penalty of $1.2 million or five years prison or both.

The matter will return to Darwin Local Court on July 13.

The NT News originally published that Mr Murray still faced active charges. Those charges were dropped in October 2021.