A Queensland bus company boss has expressed his remorse for failing in his workplace health and safety obligations to two young mechanics killed in a traffic crash on the Sunshine Coast.
A sentencing hearing has revealed it would have cost Tony Hopkins’ company CDC South East Queensland $660 to tow a broken-down bus from the side of Nambour Connection Road at Woombye in April 2022.
The Maroochydore Magistrates Court heard the move could have potentially prevented the deaths of employees Aaron Pitt, 25, and Lleyton Bartlett, 22.
Instead, the company asked the pair to fix the bus on the roadside, where they were struck and fatally injured by a BMW.
The BMW driver, Kelly Renee Liddicoat, was earlier this year sentenced to six-and-a-half years’ jail after a jury convicted her of dangerous driving causing death while adversely affected by prescription medications.
CDC South East Queensland Pty Ltd faced Maroochydore Magistrates Court this morning, after pleading guilty to one charge of failure to comply with health and safety duty.
‘Catastrophic consequences’ of safety gaps
Prosecutor Sarah Lio-Willie argued the company was liable for the lack of a safe operation procedure to conduct roadside repairs, and for exposing its workers to the foreseeable risk of being struck by a passing car.
“That foreseeable event did occur and with catastrophic consequences,” Ms Lio-Willie said.
Ms Lio-Willie said “simple steps” could have been taken to avoid the risk, including the “small cost” of $660 to tow the bus back to the depot.
Defence barrister Ben McMillan said the company had relevant workplace safety systems in place and had been independently audited prior to the crash.
But he said the incident had “revealed a gap in those systems”.
Acting Magistrate Anna Smith agreed with the prosecution that the risk the two workers could be hit by a passing vehicle was “very much foreseeable”.
Ms Smith acknowledged CEO Mr Hopkins had shown remorse, insight and rehabilitation by pleading guilty to the charge at the earliest opportunity, providing support to the victims’ families and adopting measures after the incident aimed at preventing it happening again.
She also acknowledged the company had no previous criminal convictions, and that Ms Liddicoat’s actions were “the greatest contributor” to the men’s deaths.
But she said the consequences of the company’s workplace safety failings, outlined in a victim impact statement provided by Mr Bartlett’s parents, had to be taken into account.
“I’ve read many, many victim impact statements over the years, that’s the most heartbreaking one I’ve read,” she said.
“Those poor families. There’s nothing, no penalty that can even go anywhere near compensating.
“But hopefully penalties that can be imposed will stop other families having to go through that.”
Hopes of industry change
The company was ordered to pay a $180,000 fine, plus $1,600 in court fees, with no conviction recorded.
The court heard the maximum penalty for the offence in Queensland is a $1.5 million fine.
After the sentencing, Aaron Pitt’s father Rob Pitt said the company should have done more to keep its workers safe.
“If CDC had a stringent roadside breakdown safety procedure for their mechanics, our dear son Aaron and Darren and Lisa Bartlett’s son Lleyton would still be here with us,” Mr Pitt said.
“I hope changes are made in the industry to ensure no family ever has to suffer the immense pain we have.”
Outside court, Mr Hopkins said there were “a lot of extenuating circumstances that contributed to the event” but that the company was “very remorseful about it happening”.
“There are no winners here, I feel sorry for the families. That loss can never be overcome,” the CEO said.
“They both lost sons — that’s a terrible thing.
“We are remorseful, we regret it, and the steps we put in place, we hope that they will lead to an incident like this never happening again.”
Source: ABC News
