Last updated 18:20, May 21 2018
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Jason Newton pictured with his son, Hunter. Newton died after being crushed while at work in Christchurch.
Jason Newton pictured with his son, Hunter. Newton died after being crushed while at work in Christchurch.
Jason Newton's family brought a cherished memento to an inquest into his death – a photo with the words "my last xmas together with my daddy".
Newton, 36, died in February 2016 when he was crushed by a truck tailgate ramp at his Christchurch workplace, Forklifts NZ.
Family members placed placards around the courtroom with various photos of Newton, his family and his friends at the inquest before Coroner Marcus Elliot at the Christchurch District Court on Monday. One was a sign featuring a picture of Newton with his son, Hunter, on what was their final Christmas together.
From left, Jason Newton's father, Peter Newton, and wife, Paula Newton.
Another sign said: "WorkSafe NZ fine the company and the worker for not keeping a safe workplace. Pay my family for my death."
WorkSafe inspector Christian Bell said the truck was taken to Forklifts NZ on February 11 for servicing as part of a six-monthly certificate of compliance.
Jason Newton's family and friends outside court.
An inspection found the hydraulic ram used to raise and lower the ramp was leaking and needed servicing.
Staff removed the ram and there was some discussion between Newton and one of his colleagues, who has interim name suppression on health grounds, about how they were going to go about the work.
In an interview with WorkSafe the colleague said he asked Newton if they needed a forklift.
Jason Newton, 36, died when a truck tailgate ramp crushed him at his Christchurch workplace, Forklifts NZ, in February 2016. Family took placards of pictures of him to a coroner's inquest into his death.
"Mr Newton said he didn't believe one was required and told him to put a second strop on the ramp and that would suffice."
Newton then removed the piston from the ram and it was sent away for servicing.
Bell said the following day, Newton began to install the piston back on the truck. The ramp was secured with three strops that were tied to the main body at the truck's deck.
Jason Newton died in a workplace accident involving a truck at Forklifts NZ in Hornby in 2016.
"At some point there was I believe miscommunication between Mr Newton and [the colleague] and the passenger's side strop was released. [The colleague] then went to walk around the front of truck to undo the second strop, however, the second strop released by itself and the rear ramp came down, striking Mr Newton on the head."
Bell said it appeared the strop had not been done up properly.
Former director and branch manager Allen Mawhinney later told the inquest Newton was a "hardworking employee with a good work ethic".
Mawhinney said he returned to Forklifts NZ about 4pm on the day of the incident, after spending time with clients, and heard a yell less than two minutes later.
"I saw someone grabbing the side of the ramp, I helped lift it and saw Jason lying on the ground ... I still wake at night seeing that, it was quite vivid."
Newton's wife, Paula Newton, who sat at the front of the courtroom with a framed photo of her husband, asked Mawhinney if stress was high around the workshop.
"Sometimes, depending on what was going on," he replied.
Newton said her husband would call her 50 times a day and told her stress there was a lot of stress at the business.
Constable Kieran Palmer said police found there was no criminal liability for Jason Newton's death.
When he arrived at the scene, Newton was lying on his back and paramedics were trying to revive him. Palmer said it was clear Newton's colleagues "were in shock and had gone through a very traumatic situation, they were all comforting each other".
Bell said following a report into Newton's death, it was decided no charge would be made under the Health and Safety Act.
Newton's wife reported concerns to police several months after his death and the file was reviewed. Police confirmed there was still insufficient evidence to charge anyone.
In an interview four months after her husband's death, Newton said it had been "hell on earth" waiting to find out what went wrong.
"If anyone needs to know the truth it's myself. If the accident was as cut and dry – and it should have been – then the truth should have been out there. As the months have gone on I start questioning things ... what am I supposed to believe?"