WorkSafe appeal succeeds - original decisions stand

WorkSafe has successfully appealed a reduction in penalties against a Malaga hoist and crane company and two of its Directors.

D & G Hoists & Cranes Pty Ltd was fined $90,000 and Directors David Patrick Majella Keating and Luigi Vincenzo Decesare fined $45,000 each in March 2011 over the 2007 death of 22-year-old rigger Luke Aaron Murrie.

The two Directors appealed the penalty against the company and their own fines and convictions. The appeal resulted in a reduction in all fines but no change to the conviction of the Directors.

WorkSafe’s appeal against this outcome succeeded today when the Court of Appeal restored the original penalties and ordered the company and Directors to pay costs for both the original court case and the appeals.

WorkSafe WA Commissioner Lex McCulloch said today's result was an important one for a number of reasons.

"This has obviously been extremely tough for the Murrie family – not only did they lose a son, but they’ve also had to witness this lengthy process of appeals," Mr McCulloch said.

"Nothing will bring the young man back, but I'm confident that today's decision will at least in some way provide closure for his family.

"The result is also important in terms of sending the message to everyone that employers must provide and maintain safe workplaces for workers.

"Today's result is a tribute to the hard work of the staff at WorkSafe, and a further reminder that the bottom line is that everyone has the right to return home safe and healthy at the end of a day's work."

Media contact:
Caroline De Vaney
9327 8744 or 0408 927563 (media enquiries only)
Follow @WorkSafeWA on Twitter.

Media release
23 Apr 2013

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