Director accused of trying to delay workplace death trial
ONE of the directors of a Coast company charged with reckless conduct after an employee fell from a roof and died has been accused of attempting to delay his trial, a court has heard.
Directors Gary William Lavin and Peter Raymond Lavin, and the companies Multi-Run Roofing and Lavin Constructions were due to go to trial next Monday over the death of roofer Whareheepa Te Amo.
The 62-year-old was one of five roofers working at the Lake McDonald worksite in July 2014 when he fell almost six metres to his death.
During a mention of the case in Maroochydore District Court this morning, the court heard Gary Lavin had applied for Legal Aid on September 6 despite previously maintaining he would defend himself.
Lavin Constructions was in charge of the site, while Multi-Run Roofing was contracted to fit roof sheeting on an industrial shed.
Workplace Health and Safety Queensland allege Mr Te Amo wasn't wearing protective equipment at the time of the fall and was standing several metres in front of two scissor lifts which were being used for fall protection.
The defendants have been charged with four counts of reckless conduct which will be the first work safety law Category 1 offences to be tried in Queensland.
Lawyer Tom O'Shea today represented Mr Lavin to apply for an adjournment until his client could obtain further legal representation.
Prosecutor Michael Copley told the court the "inference" was open that Mr Lavin had made the application at a late stage to "frustrate the proceedings".
He further argued the case should not be adjourned.
A Legal Aid representative said it was unlikely Mr Lavin's application would be processed in time for the trial to begin.
Judge Gary Long ordered the matter to be mentioned again on September 18 when Mr O'Shea will be able to make an application for an adjournment.
The maximum penalty for the offences is a fine of up to $3 million for a company and a fine of up to $600,000 and five years' jail for a director.