Waste shredder death: Gisborne trial adjourned to September 4

ME Jukes and Son Ltd, Gisborne.

A WorkSafe NZ prosecution relating to the 2022 death of a Gisborne worker who became trapped in a waste shredder has again been adjourned – this time to September 4.

The judge-alone trial, which began at Gisborne District Court before Judge Warren Cathcart in late June, involves Gisborne company ME Jukes & Son defending a charge brought against it by WorkSafe after the death of employee Maurice Dooling in April 2022.

Dooling, 47, was operating a waste shredder at the company’s Stanley Rd premises when his legs became entangled in the machine.

He was freed but later pronounced dead.

The trial was earlier adjourned after four days of evidence to allow time for further submissions from defence and prosecution lawyers.

Defence lawyer Daniel Robinson and WorkSafe’s lawyer Tim Mackenzie appeared in court by AVL on Friday (it was noted Robinson’s fellow defence lawyer Edwin Boshier was occupied with other work).

Judge Cathcart was present in the courtroom, as were parties to the trial.

Mackenzie told the judge he was still reading a 64-page submission he had received late from the defence. He was not able to progress the matter on Friday, but noted he could submit information in writing or at another hearing.

The judge adjourned the matter to September 4. He said it was “highly likely” he would reserve his decision.

WorkSafe has said the PCBU (Person Conducting a Business or Undertaking) failed to comply with its duty, which exposed an individual to the risk of death or serious injury or serious illness.

ME Jukes & Son pleaded not guilty to a charge under sections 36(1)(a), 48(1) and (2) (C) of the Health and Safety at Work Act 2015.

Mackenzie had submitted it was reasonably practicable for the company to have ensured its construction waste shredder was adequately guarded by a perimeter guard with interlocked access.

Interlocked access means the machine would automatically shut down when the access point was opened.

Boshier and Robinson, of Auckland law firm Duncan Cotterill, submitted that administrative controls, such as company rules and safety training, and existing safety measures were sufficient to protect workers from the risk of death or serious injury in foreseeable circumstances.

The offence of failing to comply with a duty that exposes an individual or individuals to risk of death or serious injury or serious illness carries a maximum fine of $1.5 million.