Manslaughter case launched in NT
NT WorkSafe has charged a construction company with the territory’s first case of industrial manslaughter.
The Northern Territory's work safety watchdog launched the prosecution over the death of a worker in a remote Aboriginal community two years ago.
The 50-year-old man was killed after a chain allegedly failed during a towing operation in Maningrida, about 370 kilometres east of Darwin.
“The worker was operating an excavator to tow another excavator, which had broken down,” NT WorkSafe said at the time.
“The chain was attached to the chassis (frame) of the broken-down excavator and to the quick clamp of the other excavator.
“The chain, [allegedly] broke [and] recoiled, striking the worker who was sitting in the excavator cabin.”
NT WorkSafe this week announced it had charged Darwin-based construction company Kalidonis NT Pty Ltd over the incident.
“This is the first time a prosecution for industrial manslaughter has been brought since the introduction of the offence in the Northern Territory,” NT WorkSafe said.
The company faces a maximum penalty of more than $10.3 million if found guilty.
The watchdog is also looking at two alternative charges over the fatal incident, including reckless conduct and failing to comply with a health and safety duty, which carry penalties of $3 million and $1.5 million respectively.
The company's sole director Theofilos Kalidonis has also been charged over the fatal incident. He faces a charge of reckless conduct, which attracts a maximum penalty of five years in prison and/or a fine of $600,000, and an alternative charge of failing to comply with a health and safety duty, which has a maximum penalty of $300,000.
Mr Kalidonis and his company have also been charged with failing to comply with a health and safety duty over a separate alleged incident involving the same worker eight days before he was killed.
The charges should be heard before the Darwin Local Court in May.