Pineapple farmer Nathan Stevens pleads not guilty to workplace fatal charge

Alleged comments made by Lake Mary Pines’ former owner days before an electrocution accident may have been the warning needed to stop the death, a court has heard. UPDATES.

Lake Mary Pines owner Nathan Stevens (left) leaving Rockhampton Magistrate Court during the hearing where Workplace Health and Safety Queensland alleges Lake Mary Pine owner Nathan Stevens and his father, '"retired" former owner Colin Stevens, failed in their duties as employers to ensure workplace was electrically safety to work in.

Alleged comments made by Lake Mary Pines’ former owner two days before a tragic electrocution accident may have been the stark warning needed to prevent a worker’s death, a court has heard.

Each employee who worked for the Stevens’s at Lake Mary Pines on July 14, 2021, gave evidence in a Rockhampton Magistrates Court hearing this week after owner of the farm, Nathan Stevens, and his father Colin Stevens, both pleaded not guilty to one count each of failing to comply with a Category 2 electrical safety duty – expose an individual to a risk of death, or serious injury, or illness.

Six workers, including 25 year old Cody Smith, were electrocuted when a harvester either hit powerlines or came within close vicinity of them on Wednesday, July 14.

Mr Smith died after being electrocuted.

Cody Smith was killed in an industrial incident at a pineapple farm in Bungundarra on July 14, 2021. Picture: Facebook

Ian Page, Raymond Sheriff, Joshua Fritz, Simone Ronchi, Ryan Doak and Michela Valsecchi each gave evidence about what happened on the day of the accident, and an incident from two days prior.

Most of the workers that had been on the farm on July 12 and 14, 2021, claim they heard Colin Stevens say “we almost hit the powerline” on July 12, almost 48 hours prior to the harvester they were working with had electricity shoot through it and the attached boom, electrocuting Mr Smith in the chest.

Some also claimed to have heard farm owner Nathan say his father was a “silly old c –. Don’t know what he is talking about. Could fit two harvesters under it”.

Colin was driving the forklift to the harvester at the time and Nathan was walking in front of the boom.

Lake Mary Pines former owner Colin Stevens leaving Rockhampton courthouse after pleading not guilty to one count of failing to comply with a Category 2 electrical safety duty expose an individual to a risk of death, or serious injury, or illness. They were charged following an accident on July 14, 2021, where six workers, including 25-year-old Cody Smith, were electrocuted when a harvester either hit powerlines or came within close vicinity. His son and current owner of the farm, Nathan, has also entered a not guilty plea to the same charge for the same accident.

The court heard Josh Fritz, who was on the harvester sorting fruit with Michela Valsecchi, was asked by Nathan what his father said.

Some witnesses said Ian Page commented “we’ll light up like a Christmas tree” in response to Colin’s comment and then acted out being electrocuted.

Mr Page told the court he did this after trying to verbally explain Colin’s comment to Mr Ronchi who did not understand English well.

Cross examination on post accident meetings

Defence barrister Russell Pearce asked most of these witnesses about what they heard on July 12, if they attended a coffee meet up in Yeppoon two days after the accident, how many meet ups they attended with co-workers after the accident and before they gave their statements to the Workplace Health and Safety investigator.

He also asked them why they didn’t raise the comments Colin Stevens allegedly made on July 12 with police on July 14 when talking to them at the farm.

Mr Fritz said he was “full of adrenaline” at the time he was talking to police and “didn’t really think about that (July 12 comment)” at that time.

Mr Ronchi, when asked if he didn’t consider it “important” to tell the police about the July 12 comments, responded “no”.

Raymond Sheriff and Simone Ronchi leaving Rockhampton courthouse after giving evidence at the Workplace Health and Safety hearing where Lake Mary Pines owner Nathan Stevens and his father Colin both pleaded not guilty to one count each of failing to comply with a Category 2 electrical safety duty expose an individual to a risk of death, or serious injury, or illness. They were charged following an accident on July 14, 2021, where six workers, including 25-year-old Cody Smith, were electrocuted when a harvester either hit powerlines or came within close vicinity.

Ms Valsecchi told the court she could not recall what she said to police in 2021 as she was vomiting into a bag at the time and Nathan Stevens’ father-in-law had his hand on her shoulder, listening to the conversation.

She added she was shocked from the accident, “not in the right mind” and didn’t tell anyone about the July 12 comments later when she realised their importance because she was scared of what the Stevens’ would do to her if she did.

The court heard Mr Doak was driving the tractor that pulled the harvester, while Colin Stevens and Ms Valsecchi worked on the harvester and Nathan walked behind.

Five employees walked behind a boom – which is an armlike structure with a conveyor belt to take picked pineapples to the harvester machine – as the machines slowly moved forward through the pineapple patch.

The five employees behind the boom were Mr Page, Mr Sheriff, Mr Smith, Mr Fritz and Mr Ronchi.

Coffee meet up and post accident discussions

Mr Sheriff said he met up with Mr Fritz, Mr Ronchi, Ms Valsecchi and Mr Page at a coffee shop in Yeppoon two days after the accident.

“I wasn’t aware that it wasn’t allowed,” he said.

“We spoke about it because it was very traumatic and we just wanted to make sure that everyone was okay.”

Mr Sheriff said he assumed because they had all just gone through a traumatic experience, they were “entitled” to sit and talk about it with the people who were impacted.

Mr Page didn’t recall the coffee shop meeting, but also claimed he has memory issues since the accident.

Mr Ronchi and Ms Valsecchi could not recall what was said at the coffee shop meeting.

Mr Sheriff said he also pushed for the workers joint psychologist session in the days after the accident.

Mr Pearce asked about a meeting the farm owners organised for the Monday following the accident.

Mr Sheriff said workers had received an email to attend a “toolbox” meeting at the farm but the workers decided not to go because it was “just so insensitive”.

Powerline height deceptive from ground

A surveyor contracted by Workplace Health and Safety to measure distances at a fatal electrocution workplace accident shared his experience on viewing powerlines from the ground while giving evidence at the hearing on Wednesday, November 1.

The contractor, Don Hiron, worked for Finch Surveying at the time of the fatal accident.

Ergon Energy employee Greg Dan Exter, who was the work group leader at the Yeppoon depot at the time, explained to the court how an electrical safety officer inspecting a pole on an adjacent property that connected to the pole near the incident and found the neighbouring pole to be leaning and had a snapped stay wire.

He explained a stay wire was used to support and counteract the force of an electrical wire pulling in the opposite direction.

The court had heard the previous day from Workplace Health and Safety investigator Natalie Hitchcock who investigated the incident.

She said she saw the snapped stay wire dangling halfway down the pole and the other part still attached to a rod in the ground and there was a gap next to the leaning pole with water in it.

The court heard the stay wire was blackened and disintegrated at the ends.

Workplace Health and Safety prosecutor Sophie Harburg said a metallurgical expert tested the broken stay wire and concluded it would have taken 2.5 years for the corrosion to reach the catastrophic end.

Police at the scene of the Wednesday, July 14, 2021 pineapple farm death. The incident occurred at Lake Mary Pines in Bungundarra.

Mr Hiron was the last witness called by Ms Harburg during the hearing, which ran for three days.

He was taken through his report and diagrams he created for Workplace Health and Safety’s investigation into the accident.

During cross examination by defence barrister Russell Pearce, Mr Hiron pointed out the lowest point of the electrical line was not above a path and the machinery would have also had clearance issues in the next path they were due to take after they completed picking in the row the electrocution occurred.

Mr Pearce asked Mr Hiron if one was to look along the electricity line from the shed which was in an area lower than were the incident power pole was located, it would create an illusion as to the distancing of wires as it disappears into the distance due to “the fact the ground rises up before it drops away”.

“From that position … it looks like there is a very deep sag in the line,” Mr Pearce said.

Mr Hiron agreed with that suggestion.

“They are very deceiving,” he said.

Mr Hiron said even when he looks at powerlines and thinks they are low, when he measures them, sometimes they aren’t actually as low as they appear.

“Unless the powerline is going to hit your windscreen, you would not know it is low,” he said.

Nathan and Colin Stevens talking to police

Earlier, the court heard from multiple farm employees about what happened that catastrophic day, and body worn footage of what Nathan and Colin Stevens told police the day of the accident was shown.

Lake Mary Pines owner Nathan Stevens (left) leaving Rockhampton Magistrate Court during the hearing where Workplace Health and Safety Queensland alleges Lake Mary Pine owner Nathan Stevens and his father, "retired" former owner Colin Stevens, failed in their duties as employers to ensure workplace was electrically safety to work in.

The court heard Ryan Doak was driving the tractor that pulled the harvester, while Colin Stevens and Michela Valsecchi worked on the harvester and Nathan walked behind.

Five employees walked behind a boom – which is an armlike structure with a conveyor belt to take picked pineapples to the harvester machine – as the machines slowly moved forward through the pineapple patch.

The five employees behind the boom were Ian Page, Raymond Sheriff, Cody Smith, Joshua Fritz and Simone Ronchi.

Body worn footage from Queensland Police Service officers at the scene played in court showed Nathan Stevens telling police only those who were on the ground were electrocuted.

He said he wasn’t touching the machines and felt he got “quite whacked” while another worker told him they were touching the boom and didn’t feel the hit too badly.

Mr Page had previously worked as a fisherman and had worked at Lake Mary Pines in Bungundarra for three weeks prior to the electrocution accident.

Ian Page gave evidence at a magistrates court hearing where his former employers Nathan and Colin Stevens have both pleaded not guilty to one count each of failing to comply with a Category 2 electrical safety duty expose an individual to a risk of death, or serious injury, or illness. The charge was laid following the fatal electrocution of Cody Smith and five co-workers, including Nathan, at the Lake Mary Pines pineapple farm on July 14, 2021.

He took the stand in the hearing and described what he recalled from that fatal day – July 14, 2021 – along with what took place two days later – or about 48 hours prior to the electrocution accident.

“I thought I was being attacked by aliens or something from outer space,” Mr Page said.

“I didn’t understand that I was being electrocuted.

“All I could feel was a pulsing inside my brain as if my whole head was going to explode for what felt like an eternity but was only a few seconds.”

Mr Sheriff, who has worked on pineapple farms since he was a child due to his parents owning one, said he saw the impact on Cody, 25.

He said Cody was standing close to the boom.

“This bolt hit him (Cody) in the chest and there was smoke I assumed, could have (been) vapour, and he just went stiff as a board and fell face first,” Mr Sheriff said.

“Within 10 to 20 seconds (after that), I heard Colin Stevens say ‘we’ve hit the f---ing powerline’.

“I looked up and could see the powerline resting on top of the harvester, the apex of the harvester.”

Nathan Stevens, in the body worn footage, told police it had been drizzling rain all morning, until just before emergency services arrived, and explained it was the type of drizzle that resulted in water running off his hat.

The court heard Mr Fritz called emergency services and carried out CPR on Cody after he was pulled out of the pineapple patch by Mr Ronchi and Mr Page.

Nathan Stevens said this was because Mr Fritz had more training and experience in safety and first aid.

He said he rang his best mate, who worked for Ergon Energy, as this took place and his mate advised that anyone on the machines needed to stay on the machines until it was deemed safe to move.

In other body worn footage video played in court, Colin Stevens told police there were safety checks undertaken on their 340 acres of pineapple patches land the year prior to the incident and the power pole and electric line was “fine”.

The hearing has been adjourned to January 12 for closing submissions by both prosecution and defence teams.

Originally published as Pineapple farmer Nathan Stevens pleads not guilty to workplace fatal charge