Court hears about delays in Lake Mary Pines death case

A court has heard an update in the case of three charged over the death of worker Cody Smith at a Capricorn Coast pineapple farm.

Cody Smith was killed in an industrial incident at Lake Mary Pines on Ingrey Road, Bungundarra, on July 14, 2021. Picture: Facebook.

A court has heard the reason for further delays in the case of two men and a company charged over the death of worker Cody Smith at a Capricorn Coast pineapple farm in 2021.

Mr Smith, 25, died after a harvester struck power lines at Lake Mary Pines on Ingrey Road, Bungundarra, on July 14, 2021.

Those charged under the Electrical Safety Act 2002 are Colin Martin Stevens, Nathan Luke Stevens and Ergon Energy Corporation Limited.

All three have been charged with failing to comply with a Category 2 electrical safety duty - expose an individual to a risk of death, or serious injury, or illness.

Work Health and Safety is prosecuting the matters.

The three charged had their matters mentioned in Yeppoon Magistrates Court on Thursday, April 13.

None of them were required to appear.

The court heard that ideally, Magistrate Grace Kahlert would have got the legal representatives in these matters on a conference call but that was not possible in the Yeppoon court.

The court was told that Work Health and Safety had requested a two-month adjournment.

Ms Kahlert first spoke via phone to a solicitor from Butler McDermott Lawyers, the firm representing Colin Martin Stevens and Nathan Luke Stevens.

Ms Kahlert noted Butler McDermott Lawyers had also requested a two-month adjournment, having sent correspondence on April 6 seeking that.

The solicitor for Butler McDermott Lawyers said the two months was sufficient because there was “quite a bundle of material” that had been requested from the prosecutor.

Ms Kahlert adjourned the matters of Colin Martin Stevens and Nathan Luke Stevens to June 8.

The magistrate then spoke to the Work Health and Safety prosecutor via phone, advising her of that adjournment.

Ms Kahlert told the prosecutor the adjournment would also apply to Ergon Energy Corporation Limited, and the magistrate said Colin Martin Stevens and Nathan Luke Stevens were permitted to remain at large.

Originally published as Court hears about delays in Lake Mary Pines death case