SafeWork inspectors Jodie Toole and Ian Shepherd as well as Barrister Malcolm Scott did their job competently in charging Miller Logistics with a WHS offence but failed the system by charging a person who, prima facie, had no case to answer thereby wasting the courts time and taxpayer money. This will be further wasted when, hopefully for Mr Doble, a substantial costs application is made to penalise SafeWork for wasting his time.
Background
SafeWork NSW attended the Miller Logistics site on 4 November 2020 responding to an incident involving a Mr Herden who sustained a broken leg when he was struck by a Forklift.
Inadequate linemarking and traffic management were the issues contributing to the incident.
Miller failed to enter a plea, so the judge entered a plea of not guilty for them. They were found guilty.
Mr Doble, the director of the company was charged individually which is a 'desperate for cash' tactic used by SafeWork NSW (they know that a corporation may go bankrupt in the face of millions in fines, so they prosecute the director to make sure they get some money.
The judge correctly found that Mr Doble had not committed a failure to perform due diligence.
I hope Mr Doble proceeds to go after the state for wasting his time and money and I hope that after enough payouts, the state stops these nonsense prosecutions.