Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3:

1. Robert John Tucker (the defendant) has pleaded not guilty to an offence that as a person with a work health and safety duty imposed by s 28 Work Health and Safety Act 2011 (the Act), that he failed to comply with that duty and thereby exposed Matthew Richens to a risk of death or serious injury, contrary to s 32 of the Act.

2. On 24 May 2021 the defendant and Mr Richens were working at the West Wyalong Quarry operated by Regional Quarries Australia Pty Ltd (RQA) situated on Wargin Road, West Wyalong, New South Wales (the Quarry). On the morning of the incident, the defendant was the driver of a white Nissan 4WD Utility registration number BQ 77 YP (the vehicle) and was ferrying workers from the workshop near the front entrance of the Quarry to the area where a new crush plant (the NCP) was being constructed, which was opposite the existing or old crush plant (the OCP). At about 7.05am, the defendant drove Mr Richens to the NCP, where Mr Richens was going to perform welding work at the OCP. When they arrived at the NCP, Mr Richens alighted from the passenger seat of the vehicle and walked about 10m to the left towards the OCP before crouching down to pick up a number of items that had been left on the ground in the area between the OCP and the NCP. The defendant alighted from the driver's seat of the vehicle and spoke to other workers about starting a forklift that was parked immediately under an overhead conveyor which was part of the NCP. The defendant got back into the vehicle to drive back to the workshop to retrieve a set of jumper leads. He performed a U-turn in the vehicle by turning to the left to head back in the opposite direction to that which the vehicle had been facing. After travelling about 10m, the vehicle collided with Mr Richens who was still in a crouching position with his back to the vehicle. The front of the vehicle hit Mr Richens in the back and continued to drive over Mr Richens who went under the vehicle. The defendant stopped the vehicle after a short distance. Mr Richens stood up and walked a few steps before hunching over and then collapsing to the ground. Emergency services attended, but Mr Richens died at the scene from his injuries.

Issues

3. The defendant admitted that he owed a duty pursuant to s 28 of the Act. The issues in the case are:

1) Did the defendant fail to comply with his health and safety duty by failing to take the steps particularised in [21] of the Summons? (Element 2)

2) Did the defendant's failures expose Mr Richens to a risk of death or serious injury? (Element 3)

Summary of conclusion

4. For the reasons that follow, I am satisfied beyond reasonable doubt that the prosecution has proved the elements of the offence. It follows that I will find the defendant guilty.

The Evidence 5. The evidence consisted of the tender of documents and oral evidence from the following witnesses:

1) Mitchell Cassidy, a welder employed by RQA who worked in the workshop at the Quarry and reported to the defendant.

2) Brett Hunter, an electrical contractor employed by JLE Electrical (JLE) to work on the construction of the NCP.

3) Belinda Wheatley, the OCP operator employed by RQA.

4) David Faul, an electrical contractor engaged by JLE to supervise the JLE workers at the Quarry.

5) Gary Connell, the statutory mine manager for the Quarry at the time of the incident.

6) Andrew Apolony, the Operations Manager of the Quarry.

7) Aiden English, an apprentice electrician employed by JLE.

8) Jason Gill, an investigator employed by the Resources Regulator.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197335b0a78ac7a617e2ccf2)

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