Landmark outcome after truck driver fatality sees directors handed suspended jail sentences
Queensland’s first industrial manslaughter case has ended with Brisbane Auto Recycling fined $3 million and its directors convicted and handed suspended jail sentences.
The company, along with Asadulla Hussaini, 25, and Mohammad Ali Jan Karimi, 23, were found to have been negligent in causing the death of 58-year-old contractor Barry James Willis.
Both pleaded guilty to reckless conduct and were given 10-month suspended sentences.
The Brisbane Disctrict Court heard on May 17, 2019, Willis was fatally struck by a forklift while operating at the premises.
He had parked a tilt tray truck after delivering a van and was then loading tyres onto the tray when struck by another worker, Mohammad Yaqubi.
Despite attempting to provide a version of events placing responsibility on Willis, including that he had fallen from the truck, CCTV footage during investigations showed otherwise.
“Despite having initially attempted to deflect responsibility in a somewhat inept manner Mr Hussaini and Mr Karimi have cooperated with the investigators, entered early pleas of guilty and they are clearly remorseful,” Judge Rafter says.
How this first industrial manslaughter prosecution was announced last year, here
Yaqubi was also found to be inexperienced, unlicensed, and there was no sufficient assessment of his competency to operate a forklift.
He was charged with dangerous operation of a vehicle causing death.
The directors were found to have failed to control the interaction of mobile plant and workers at the workplace, failed to effectively separate pedestrian workers and mobile plant, and failed to effectively supervise operators of moving plant and workers.
Despite operating the business since 2016, there was no safety system in place other than workers being verbally told to be safe and to look after themselves.
The incident was also not immediately reported to Work Health and Safety Queensland because the directors “didn’t really know about such matters”.
Judge Rafter suspended the prison terms for 20 months on account of their cooperation, clean record, remorse and personal circumstances.
As Hazara refugees from Afghanistan, who fled violence and abduction at a young age, the men risked deportation if their sentences were more than a year.
The maximum company fine for industrial manslaughter is $10 million.