Date

February 9, 2021

Victim

Greg Longmore — distillery worker, seriously injured

Cause

Ignition of ethanol while adding to gin still with burner already lit

Outcome

WHS charge dismissed; magistrate found training and supervision were adequate

Carter Capner Law monitors workplace accidents throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for workers and contractors throughout Australia. Call today on 1300 529 529 or click here to reach Carter Capner Law.

Introduction

A workplace health and safety prosecution against a northern Tasmanian gin distillery has been dismissed, after a magistrate found it was not proven beyond reasonable doubt that the employer failed in its duty of care. The case stemmed from a 2021 incident in which distillery worker Greg Longmore was seriously injured after a gin still ignited, leaving him enveloped in flames.

Details of the Incident
The incident occurred on February 9, 2021 at Adams Distillery in Perth, northern Tasmania. Mr Longmore, a builder by trade, had begun working in spirit production just weeks earlier after discussions with distillery co-director Adam Saunders, whom he had known for about a decade.

CCTV footage shown to the court depicted Mr Longmore attempting to pour ethanol into a gin still while the gas burner was already lit.
“In the process of pouring the second quantity of ethanol into the gin still, it ignites and Mr Longmore is enveloped in flames,” Magistrate Evan Hughes said in his written reasons.

Mr Longmore suffered extensive burns across his body as a result of the fire.

The Prosecution Case
The Director of Public Prosecutions alleged Adams Distillery failed to ensure Mr Longmore:

  • properly understood gin-making instructions
  • was adequately supervised until competent
  • could safely manage the risks associated with ethanol and open flames

The prosecution argued the distillery’s training and safety systems were insufficient, given the inherent dangers involved in spirit production.

Evidence and Training Dispute
The court heard Mr Longmore had no formal gin-making qualifications and was trained over a six-week period. He said he was provided with an employee handbook and a health and safety handbook, but neither contained the correct gin-making procedure.

Mr Longmore also told the court he had little memory of the training or the incident itself, acknowledging his recollection was affected by the severity of his injuries.

Medical evidence confirmed Mr Longmore suffered amnesia as well as psychological impacts, including anger, guilt and blame-focused thoughts.

Magistrate Hughes noted:
“Mr Longmore has stated in his evidence that he has little recollection of gin production at the distillery at any time, including between 18 January and 9 February 2021.”

Court Hears of ‘Staged’ Training Process
Distillery co-director Adam Saunders told the court he provided a staged training and supervision process.

According to Mr Saunders:

  • on February 1 and 2, he made gin while Mr Longmore observed
  • on February 3, they made gin together
  • on February 4 and 5, Mr Longmore produced gin under supervision

Mr Saunders told WorkSafe in a 2022 interview that he repeatedly explained and demonstrated the requirement that the gas burner must be ignited last — after water and ethanol had been added and the still covered.

While the magistrate acknowledged some of Mr Saunders’s evidence reflected hindsight, he accepted Mr Saunders as a credible witness.

Court Decision
Magistrate Hughes dismissed the charge, finding the prosecution had not proven the alleged safety failures beyond reasonable doubt.

“I am satisfied on the evidence that Mr Saunders provided the instruction, training and assessment he described,” he said.

He concluded that while gin production is inherently dangerous due to the use of highly flammable ethanol, the steps required to undertake the process safely were properly explained, demonstrated and supervised.

Conclusion
The dismissal brings the four-year legal proceedings to an end, closing a complex case that examined training, supervision and memory reliability following a serious workplace injury. While Mr Longmore’s injuries were severe, the court ultimately found Adams Distillery had met its legal obligations under Tasmania’s work health and safety laws.

Get in touch with us today

Had a similar accident or injury? No commitments required. No Win No Fee.