Crane driver 'overrode' warning alarm, prosecutors say
A crane driver accused of manslaughter allegedly overrode the machine’s overload alarm before it tipped over and killed a colleague, a court heard Wednesday.
Herman Holtz, 62, died when he was hit by the crane on the University of Canberra Hospital construction site in Bruce on August 4, 2016. The mobile crane rolled while moving an 11-tonne generator.
Two companies and seven individuals - including company executives - have been charged over the death in what looms as the territory's biggest ever industrial prosecution.
RAR Cranes, construction giant Multiplex Constructions, Benjamin De Bono, Andrew Drummond, John Flecker, Munro Jones, Paul Kelly, Jeffrey Rumble all face charges for alleged breaches of workplace safety.
The crane driver Michael Watts is charged with manslaughter and his case appeared briefly in the ACT Industrial Court on Wednesday.
His case is strictly indictable, the court heard, and will go before a jury.
On Wednesday Mr Watts’ defence team asked the court to order prosecutors prepare detailed witness lists and case statements for the case ahead of the committal.
The solicitor said the brief was significant in size and there were at least four dozen witnesses. It was still not clear which statements or transcripts prosecutors intended to rely on.
But the request was opposed by prosecutors who said a case statement had already been prepared.
Anthony Williamson from the DPP said their office had already gone above and beyond what was normally required of it at this stage of a manslaughter prosecution.
He said the case was not complicated and the allegations against Mr Watts were that he was driving the crane, it was overloaded, there was an alarm, he overrode the alarm and the crane rolled over and killed someone.
Magistrate Glenn Theakston refused the defence request noting the comprehensive case statement already produced.
He said any prejudice to the defendant could be addressed in the higher court.
The case returns to court on October 10 for a plea.