Bid to have work death charges struck out
A DECISION on whether charges relating to the death of 21-year-old Sean Scovell will be "struck out" has been reserved until January 30.
Mr Scovell died about 7.10pm on June 5, 2012 after he became entangled in a conveyor belt, the Daily Mercury reported previously
Two companies and five people are being prosecuted on a total of 24 charges related to the incident.
Elizabeth Wilson, QC, argued in the Mackay Industrial Court yesterday for 11 charges against MCG Quarries and three of its managers - Tony John Addinsall, Edward Coleman and William James McDonald - be quashed because they were defective.
"The elements (of the charges) are incomplete," she said.
"It is our submission that any defendant would not be able to grasp these charges."
Prosecutor Peter Davis, QC, disagreed there was a problem with the nature of the charges.
"The defendant could not possibly be confused about what's alleged against it," he said.
During the hearing Mr Davis said a charge against MCG Quarries dealt with allegations that there was no guard railing on the conveyor belt.
"It is alleged MCG didn't ensure engineering controls in the form of guarding, they didn't ensure guarding was included in the plant selection and design," he said.
Magistrate Ross Risson said there was a lot for him to consider in his decision.
"I don't expect to be in a position to give my decision before Christmas," he said.
Other charges relating to Mr Scovell's death were adjourned until January 30, when a decision on whether the initial matters will be struck out is due to be made by Mr Risson.