Darwin-based construction firm Kalidonis NT has been convicted in the Darwin Local Court on two counts of breaching health and safety obligations over the death of Paul Leach while he was trying to retrieve a bogged excavator using chains on a construction site in Maningrida, it has been reported.

NT WorkSafe had initially charged the company with industrial manslaughter over Mr Leach’s March 20, 2020 death, which was the first prosecution of its kind in the territory, but the authority withdrew the charge last year.

Leach, 50, died when he was hit by a chain, after it snapped while he was using it to pull out a bogged excavator at a construction site at Maningrida, which is about 500 km east of Darwin.

The ABC reported that it was raised in that court that on February 15, and again on March 11 or 12, Mr Leach had tried to un-bog the machine using the same chains, doing so without official permission on both occasions.

Judge Ben O’Loughlin ruled that Kalidonis NT was guilty on two charges of not adhering to health and safety responsibilities over Mr Leach’s death, saying he had needed to consider if the defendant failed to ensure, so far as reasonably practicable, the health and safety of Mr Leach, and if so, did the failure expose individuals to a risk of death or serious injury or illness?

The ABC reported Kalidonis NT lawyers had previously said that Mr Leach put himself at risk, so the death was not the company’s fault.

“We cannot judge this situation with the benefit of hindsight from 2020,” Judge O’Loughlin was reported to have said.

“Steps to remove the chain from the site could have been taken. It would have been reasonable to warn staff that there would be severe consequences, including termination if this occurred again.”

Judge O’Loughlin said Kalidonis NT did not adequately train Mr Leach and other workers in towing, nor did they provide adequate training on safe work methods.

“I find the defendant’s breaches were a substantial or significant cause of the risk of serious injury or death to Mr Leach and other workers.”

Sentencing submissions will be given to the court in November