Simon Poxon was killed when pinned between two vehicles at Sherrin Rentals at Torrington.
Simon Poxon was killed when pinned between two vehicles at Sherrin Rentals at Torrington.

Closure near for family after driver admits Toowoomba death

HAVING waited almost seven years, the family of a Toowoomba man killed in a tragic workplace incident will have to wait another week before the case is finalised.

Simon Poxon, 47, was killed when a truck driven by then 20-year-old Jameson Nathan Boon reversed onto him as he worked on another vehicle in the yard of Sherrin Rentals at Torrington on February 26, 2013.

While a workmate jumped free, Mr Poxon was pinned between the two vehicles and was pronounced dead on arrival at Toowoomba Hospital soon after.

Boon was not licensed to drive the heavy truck but his defence counsel Michael Copley argued to the Toowoomba District Court he had been told by an older and superior work colleague to move the truck and that he had always been instructed as a younger worker to do as he was told.

Boon told police he couldn't see directly behind the truck but he had not engaged a "spotter" or supervisor as he had been instructed to do when driving on site after a previous workplace incident involving his driving, the court heard.

A police investigation into Mr Poxon's death saw no-one charged, however, a coronial inquiry in July 2016 referred the matter to the Director of Public Prosecutions who had Boon charged.

Boon, 26, who had been fined $5000 through a Workplace Health and Safety prosecution arising from the incident, pleaded guilty to dangerous operation of a motor vehicle causing Mr Poxon's death.

The court heard Mr Poxon was a builder by trade and had taken a job with Sherrin Rentals just the day before as a way to earn money during a downturn in the building industry.

Mr Poxon's wife Marie and other family members were in court for the sentence hearing and Judge Dennis Lynch QC gave them a warning before CCTV camera footage of the incident was played to the court.

All family members remained in court.

Crown prosecutor Philip McCarthy submitted a head sentence of three to three-and-a-half years jail with Boon to serve a portion in custody.

However, Mr Copley argued his client's was a "rare case" in which he was not required to serve any actual custody at all.

Judge Lynch said he needed to further consider sentence, granted Boon bail and adjourned sentence to Wednesday next week.