Darwin equipment hire firm Territory Plant Hire and its parent company Titan Plant Hire failed in their duty to prevent the death of a worker in 2019, Darwin Local Court has been told.
Yesterday, Titan Plant Hire and its managing director Jason Madalena pleaded guilty over the workpace death of Dwayne Beaumont, 30, in Darwin.
Mr Beaumont and a colleague were loading an excavator onto a truck at a work site in the suburb of Tivendale in April 2019 when one of the excavator's buckets — which was housed in its main bucket – became dislodged, fell and struck Mr Beaumont.
He died before ambulances arrived.
Charges against Titan Plant Hire and Mr Madalena describe their failure to provide a thorough site induction or supervision of Mr Beaumont, who expressed concerns prior to his death that he did not have the necessary training to "spot" – or guide – the excavator into place for transport.
NT Worksafe's lawyer Duncan McConnel told the court yesterday that Territory Plant Hire's work health and safety plan had amounted to "lip service".
"This is not workers or employees doing what is expected of them, this is the managing director and the company itself not implementing the system that it had described in its [work health and safety] plan," he said.
According to Mr McConnel, the maximum penalty for an offence of this nature is $1.5 million for a corporate entity and $300,000 for an individual.
Loved ones share statements
Fighting back tears, Mr Beaumont's former partner Bailey Robson and his sister Rebecca read aloud to the court a pair of brief, but heartfelt witness statements.
Ms Robson said she was still rebuilding her life without Mr Beaumont.
"Life moves on and really doesn't allow you to stop," she said.
"I wake up every morning wishing it was different, and I wish he could wake up with me.
"I miss my partner in crime, I miss all the small things we take for granted – the kisses goodbye, the little inside jokes – and our future."
Mr Beaumont's sister Rebecca reflected on the cruelty of her parents having to bury their son.
"My parents, Gary and Marcia, they got to experience the ultimate loss in life – the loss of a child, and their youngest child, their only son," she said.
Gathered outside the Darwin Local Court, Ms Beaumont said the reading of the family's statement was a small win.
"To read it in court, in front of the judge and the defence, was pretty overwhelming but it was a good feeling and felt like we're getting a bit of justice for Dwayne, which is what he deserves," she said.
The matter will return for sentencing next week.
