The wound is still deep for the Leach family more than four years on from the sudden death of Paul Leach, and almost two weeks after his employer was found responsible for his death, with his family remembering him as the bravest man they ever knew, with a heart of gold.
The 50-year-old, with over 20 years experience in the construction industry, was attempting to pull a bogged excavator out of mud flats on a Maningrida worksite on March 20, 2020, when the chain he was using snapped and recoiled, hitting Mr Leach in the head while he was sitting in the cabin of another excavator.
In the Darwin Local Court on August 23, Judge Ben O’Loughlin found his employer, Kalidonis NT, responsible for Mr Leach’s death, concluding the company had not utilised inexpensive methods available that would have eliminated or mitigated the risks of an accident on site, and did not provide its workers with adequate training in towing, nor adequate training on safe work methods.
Judge O’Loughlin found there was a “very real and obvious risk” the chains could have snapped because the same chains had snapped trying pull the excavator out two times before.
The NT News reported the court heard Mr Kalidonis told workers he would be drafting new rules, while suggesting that if anyone was going to “disrespect” him by breaking them, they would have to leave the company. The judge said Mr Kalidonis appeared to be more upset about “disrespect” rather than safety and the change was “about costs, not safety”.
Kalidonis NT was initially charged with industrial manslaughter – the first charge of its kind in the Northern Territory – and reckless conduct that risked death or injury, but those charges were dropped in 2023, and instead the company was found guilty of failing to comply with a health and safety duty.
The company faces a fine of up to $1.5 million, with sentencing scheduled for November.
NT WorkSafe also charged the company’s sole director Theofilos Kalidonis with two counts of failing to comply with a health and safety duty, but those charges were later dropped.
The Leach family said in a statement that Mr Leach was a brother to three, father of five, and grandfather of one, and was always working to make sure he provided a roof over his family’s heads, and that they lived a comfortable life with all the toys, fun and opportunities he didn’t have growing up.
“We would like our Dad to be remembered as a courageous man, with a heart of gold, definitely one of a kind, a legend,” the Leach family said.
“The bravest man we’ve ever known, he always gave 110 per cent in everything he did, and had great pride in his work and his achievements throughout his life.
“He worked since he was 14 years old, first learning how to operate a grader, which he mastered quite quickly.
“He was the life of the party, the one with all the jokes – a real comedian and always loved having a laugh, and was the family rock, and an amazing operator.
“He would give the shirt off his back to help anyone in need; whether it be a stranger, family, friends or colleagues. He was loyal to the core, even though sometimes it didn’t always go in his favour.”
While pleased justice was served, the Leach family said it was a lengthy legal process, and the four years had dragged on.
“Not only did we lose our Dad, but we had to continue to endure the pain of reliving the accident all over again,” the Leach family said.
“A lot of the things that were brought to light in court we already knew. It’s sad to see the lengths people go to save themselves, even when the life of a mate and employee is lost.
“Karma always comes back around and the truth always comes to light. We are glad our father has finally gotten justice; this does not bring him back, but it hopefully ensures that no other family has to go through what we’ve been through.
“Until we meet again Dad, gone but not forgotten.”
Well done to the NT Work, Health & Safety Committee who are finally bringing justice to innocent lives lost due to lazy, profit driven Darwin businesses who have got away with criminal behaviour in the past. Greek surnames seem to act with entitlement, Australians need to continue to hold them to account.