Theofilos Kalidonis’s company charged with industrial manslaughter over Maningrida death

A major player in the NT’s construction sector has become the first company to face court over industrial manslaughter charges.

A TITAN of the Territory’s construction sector has become the first company to face court over industrial manslaughter charges.

Theofilos Kalidonis and his company Kalidonis NT Pty Ltd were charged in relation to the death of a 50-year-old worker in Maningrida on March 20, 2020.

Kalidonis NT Pty Ltd was charged with industrial manslaughter, reckless conduct risking death and failure to comply with his health and safety duties.

As the company’s sole director, Kalidonis faced two additional charges of reckless conduct risking death and failure to comply with his health and safety duties.

Barrister Mark Thomas, representing Kalidonis and his company, appeared in Darwin Local Court on Wednesday asking for an eight-week adjournment to the landmark case.

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.

NT WorkSafe has previously alleged the 50-year-old worker was driving an excavator to tow out a second broken excavator, weighing 36-tonnes.

The safety watchdog said a chain was attached from the quick clamp of the 50-year-old’s machine to the chassis of the damaged excavator.

As he pulled on the chain it snapped, striking the 50-year-old who was seated in the excavator cabin.

Theofilos Kalidonis and his company Kalidonis NT Pty Ltd have been charged over the death of a 50-year-old worker at Maningrida on March 20, 2020.

A June report from NT WorkSafe alleged a risk assessment was not completed and a safe work procedure was not developed for the recovery of a broken down excavator.

It alleged the chain used may have not been suitable for towing and there were signs of wear and damage, while the quick clamp was also raised to the height of the cabin.

NT WorkSafe alleged the excavator had been vandalised, with the protective cabin glass missing during the fatal incident.

The company faces one charge of industrial manslaughter which has a maximum penalty of $10.2m if found guilty.

Industrial manslaughter legislation passed parliament in September 2019, making the NT the third Australian jurisdiction to pass such laws joining the ACT and Queensland.

Two alternative charges against the company of reckless conduct risking death and failure to comply with their health and safety duties could result in maximum penalties between $1.5m and $3m.

If found guilty of reckless conduct, Kalidonis could also face a maximum penalty of $600,000 and five years in prison, while a guilty finding for failing his health and safety duties could end in a $300,000 fine.

Both Kalidonis and his company also faced charges relating to an incident eight days before the 50-year-old was killed.

On Wednesday, Judge Alan Woodcock adjourned the case to August 31 for a preliminary examination mention to assess if the case will proceed to the Supreme Court.

Originally published as Theofilos Kalidonis’s company charged with industrial manslaughter over Maningrida death