The family of Adelaide man Peter Howard has asked for an inquest into his death to be called off, after concerns were raised about the potential impact of a coronial finding on compensation already paid to his wife.
WARNING: This article discusses issues which may distress some readers.
Peter Howard died in a car fire outside the Orora fibre packaging plant in Athol Park, in Adelaide's north-west, in August 2018.
He purchased fuel the morning of his death, and his car exploded in the street a short time later.
In opening submissions, the Coroner's Court heard Mr Howard kept diaries for close to two decades, detailing incidents of workplace bullying at the company.
Those incidents included being "screamed at" by co-workers, being called names, spoken to in a sarcastic manner, having machinery interfered with and being repeatedly poked in the ribs.
Mr Howard's family members said they believed his unexpected death had been a suicide, but the inquest heard the court would not be proceeding under that "assumption".
Council assisting the Coroner, Peter Longson, told the inquest a finding that the death was not a suicide could potentially jeopardise a payment already made to Mr Howard's wife under the Return to Work Act.
"From Mrs Howard's perspective … I cannot see the continuation of this inquest being of any benefit to the family, and there is a real possibility that Your Honour may make a finding that takes back from the position that they're currently in," he told the inquest on Tuesday.
On Wednesday morning, the Howard family's lawyer Andrea Madeley made an application to have the inquest called off.
Ms Madeley told the inquest the family had found the suggestion that Mr Howard "may have intended to harm … others" as "offensive" and "purely speculative."
"Having Peter Howard painted in [this] light is simply unbearable," she said.
"[The] family and Mrs Howard maintain the fact that his sudden death was a suicide … and was directly linked to his employment.
"The fight for justice … has simply proven to be too much for them to endure."
The inquest previously heard the family had not been able to secure funding to engage a senior barrister to represent them in the matter.
SafeWork SA Investigations
In a statement released at the beginning of the proceedings, Orora Ltd said it took its "responsibilities for the health, safety and wellbeing of our people extremely seriously."
SafeWork SA investigated Mr Howard's death and determined to not take action against the company.
Counsel for Mr Howard's employer Orora on Wednesday told the inquest there had been no evidence "of systemic bullying in the workplace" and that it was "a question for the court whether to cease the inquest".
Deputy Coroner Ian White said it was a "unique" situation, and that he was "wary of the distress" caused to the family.
"I am sorry that, for Mrs Howard and Mr Howard's siblings and Mr Howard's sons, that this has taken a course that was completely not predicted," His Honour said.
"My mind is not closed to anything … [and] is always guided by the evidence.
"None of this is pre-set to go in a certain way."
His Honour adjourned the inquest until Friday afternoon, at which point he is expected to confirm whether it will continue or be called off.
