- Charge dropped against engineer in Catanzariti workplace death case
- By Christopher Knaus
- 10/05/2016 Make a Comment
- Contributed by: Sol ( 7 articles in 2016 )
Mr Catanzariti was working on the Dockside development complex in Kingston in July 2012 when a 39-metre boom from a concrete-pouring machine collapsed and hit and killed him.
The boom had recently been inspected, and a WorkSafe investigation eventually resulted in charges against maintenance company Schwing Australia and NSW engineer Phillip James O'Rourke.
The case - one of three relating to worksite deaths in late 2011 and 2012 - is currently proceeding in the ACT Industrial Court, where pleas of not guilty have been entered. A date has been set for hearing in late August.
The company and Mr O'Rourke were to face two charges each.
But prosecutor Sara Gul said one of the charges was to be withdrawn against Mr O'Rourke, following negotiations with defence lawyers.
The charges are the most serious of their type to be laid under nationally harmonised occupational safety laws.
Schwing Australia faces a maximum penalty of $3 million, and Mr O'Rourke faces a fine of up to $300,000 and a maximum of five years' imprisonment.
Two other cases were also mentioned in the Industrial Court on Tuesday.
The prosecution of Iqon and Nexus Electrical - involving a worker who was resuscitated after receiving an electric shock at the Canberra Hospital redevelopment - was also set down for hearing in August.
The case against Quality Bakers Australia Pty Ltd, which owns the Buttercup Bakery, was also mentioned briefly but adjourned until May, to allow a possible resolution by enforceable undertaking.
The prosecution of the commercial bakery relates to alleged failings that saw a customer hit by a prime mover while picking up stale bread.
The boom had recently been inspected, and a WorkSafe investigation eventually resulted in charges against maintenance company Schwing Australia and NSW engineer Phillip James O'Rourke.
The case - one of three relating to worksite deaths in late 2011 and 2012 - is currently proceeding in the ACT Industrial Court, where pleas of not guilty have been entered. A date has been set for hearing in late August.
The company and Mr O'Rourke were to face two charges each.
But prosecutor Sara Gul said one of the charges was to be withdrawn against Mr O'Rourke, following negotiations with defence lawyers.
The charges are the most serious of their type to be laid under nationally harmonised occupational safety laws.
Schwing Australia faces a maximum penalty of $3 million, and Mr O'Rourke faces a fine of up to $300,000 and a maximum of five years' imprisonment.
Two other cases were also mentioned in the Industrial Court on Tuesday.
The prosecution of Iqon and Nexus Electrical - involving a worker who was resuscitated after receiving an electric shock at the Canberra Hospital redevelopment - was also set down for hearing in August.
The case against Quality Bakers Australia Pty Ltd, which owns the Buttercup Bakery, was also mentioned briefly but adjourned until May, to allow a possible resolution by enforceable undertaking.
The prosecution of the commercial bakery relates to alleged failings that saw a customer hit by a prime mover while picking up stale bread.
Source: https://www.canberratimes.com.au/act-news/charge-dropped-against-engineer-in-catanzariti-workplace-death-case-20150407-1mft83.html


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