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Court outcome QLD

MSF Sugar Acquitted in Workplace Electrocution Case of Brett Quinn

Published Updated
Regulator

Workplace Health and Safety Queensland

Status

A court or tribunal has made a decision.

Investigated by

Workplace Health and Safety Queensland, Queensland Police

Record summary

Date
Sunday 28 July 2019
Location
Road south of Cairns, QLD
Employer or operator
MSF Sugar
Type
Electrocution from overhead powerline contact
Deaths
1Brett Quinn, aged 49, mobile crane operator
Injured
None reported
Regulator
Workplace Health and Safety Queensland

What happened

Incident Overview

On Sunday, 28 July 2019, Brett Quinn, aged 49, was fatally electrocuted while operating a mobile crane near overhead powerlines on a road south of Cairns in Far North Queensland. The crane came into contact with the powerlines during the transportation of railway track pieces.

MSF Sugar, the major Australian sugar milling company that employed Mr Quinn, was charged with failing to comply with electrical safety duties. Following a trial in the Cairns Magistrates Court, the company was acquitted on 23 November 2023, with Magistrate Michael Dalton ruling there was insufficient evidence to prove the company failed to implement necessary safety measures.

Site and Time

The incident occurred on a road south of Cairns in Far North Queensland during daylight operations. The exact time of the electrocution was not specified in available reports.

Persons Involved

Operator

  • Brett Quinn, aged 49, employee of MSF Sugar (deceased at scene)

Bystanders

  • Details not provided in source material.

Plant and Task

Plant

  • Mobile crane operated by MSF Sugar

Task

  • Transportation of railway track pieces along a road south of Cairns.

Injuries / Fatalities

Fatalities

  • Brett Quinn, aged 49, employee of MSF Sugar (electrocution from overhead powerline contact)

Injuries

  • None reported.

Investigation and Legal Proceedings

Following the fatality, MSF Sugar was charged with failing to comply with an electrical safety duty under workplace health and safety legislation. The company was accused of not implementing adequate control measures to mitigate risks from overhead powerlines during crane operations. An earlier industrial manslaughter charge against MSF Sugar was dismissed in April 2023 due to lack of evidence.

Court Decision

After trial in the Cairns Magistrates Court, Magistrate Michael Dalton found MSF Sugar not guilty on 23 November 2023. The magistrate ruled that there was no evidence to prove beyond a reasonable doubt that the company had failed to implement necessary safety measures to prevent the incident.

In Summary

Workplace Health and Safety Queensland (WHSQ) investigated this incident. Any workers, contractors or witnesses with information about overhead powerline safety practices or crane operations in the sugar industry are encouraged to contact WHSQ on 1300 362 128 or visit their website at www.whsq.qld.gov.au.

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Carter Capner Law monitors workplace accidents, investigations and prosecutions across Australia to spotlight safety issues for workers.

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