A charge of industrial manslaughter against Western Meat Exporters and its sole director, Campbell McPhee, has been held over for mention in the Charleville Magistrates Court to December 8.
The charge was made under the Work Health and Safety Act 2011 in relation to an incident at Charleville in July 2019.
It is alleged a worker sustained fatal injuries at an abattoir operated by the defendant company.
Paramedics were called to the Western Meat Exporters goat and sheepmeat abattoir at Charleville at 1.08pm on July 29, 2019 after a worker, Lê Tuan Nha, also known as Jimmy Le, received critical injuries in a machinery incident.
The 46-year-old was pronounced dead at 3.10pm on that day.
The fine for industrial manslaughter by a corporation carries a maximum penalty of $10 million, and the maximum penalty for individuals is 20 years imprisonment.
The independent Work Health and Safety Prosecutor, Aaron Guilfoyle also charged Western Meat Exporters Pty Ltd and Mr McPhee with category 2 offences under the Work Health and Safety Act for breaching health and safety duties and exposing workers to a risk of serious injury or death.
The charges arise from the same incident and carry maximum penalties of a $1.5 million fine and $300,000 fine respectively.
The charges were set down for mention in the Charleville Magistrates Court last Wednesday, September 22.
According to the South West News, assistant Work Health and Safety prosecutor Aimee Sanderson, who was appearing by telephone on the day, told magistrate Peter Saggers a brief had been compiled and forwarded to Brisbane firm BT Lawyers, representing Western Meat Exporters.
She said it would also be sent promptly to lawyer Glen Cranny, of Gilshenan and Luton, representing McPhee.
The SW News report went on to say that Cranny, who also appeared by telephone, said his firm became involved in the case only the previous day and he was also acting as town agent for BT Lawyers, which was representing the corporate defendant.
He said he had to address an issue of potential conflict, and if resolved, he would need time to digest the sizeable brief.
The magistrate granted McPhee, who was present in court, bail on his own undertaking. He said he would not be required to appear at the next mention on December 8.
The other parties were granted leave to appear again by telephone.
At the time of the incident in 2019, Mr McPhee said they were cooperating fully with relevant authorities and would be making no further comment until the investigation was completed.
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Sally Gall
Based at Blackall, CW Qld, where I've raised a family, run Merino sheep and beef cattle, and helped develop a region - its history, tourism, education and communications. Get in touch at 0427 575 955 if you've got a story idea for me.
Based at Blackall, CW Qld, where I've raised a family, run Merino sheep and beef cattle, and helped develop a region - its history, tourism, education and communications. Get in touch at 0427 575 955 if you've got a story idea for me.
