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 Worker admits role in deadly fall 

Worker admits role in deadly fall

06 Nov, 2008 04:00 AM
A SECOND man has pleaded guilty to manslaughter in a "highly unusual" case involving an industrial accident at Bennetts Green more than five years ago.

Richard Kevin Thirkell, of Newcastle, was a roof plumber on an Abdon Close worksite when Edgeworth mother Judith Davis, 41, fell 9.6 metres through a roof to her death on April 25, 2003.

Thirkell, 37, originally pleaded not guilty to manslaughter. He changed his plea yesterday in Newcastle District Court.

Thirkell's then-employer, David Peter Smith, 53, pleaded guilty to the charge on Tuesday.

The cases are understood to be the first ever successful prosecutions of industrial manslaughter in NSW.

The court has heard Smith's business was contracted to strip and re-sheet the roof of an industrial building.

Ms Davis, who had been in a long-term relationship with Smith and was helping at the site, died after she fell though a section of partially secured polycarbonate roofing and wire safety mesh, which gave way when she walked across the roof. The safety mesh had not been attached to the roof in one of two approved ways.

There was no clear evidence as to who secured the mesh at that section, but it was not Smith, the court heard. He pleaded guilty on the basis of his failure to ensure the work was carried out properly.

Thirkell pleaded guilty on the basis that, as one of the more experienced employees, he also failed to ensure the wire mesh was attached properly.

In the witness box yesterday, Thirkell said he tried to grab Ms Davis as she fell, but "missed her hands".

"This day will never leave me . . . it will never go," he said.

The case was adjourned to today.

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This day will never leave many of us; it has been over 5 long years and is as fresh in my mind as the day it happened. A family whose heart broke and our lives changed forever the day a loved one died, a mother, a sister, an aunty a friend. I for one will never forget that day, or the torture the family went through in the passing years to attempt to deal with a death so unnecessary.... How do you help to piece back the lives of the family who witnessed the event… How do you deal with something that has fractured your family’s life forever? You simply can’t You move forward the best you can, and all you can do is hope that this never happens to another family, that they never have to experience the hurt, the ache, and the never ending questions of WHY. Sadly my Aunty is not the first person, nor the last to die as a result of a work related incident. If anything positive could come from my auntie’s death it would be that people, take safety seriously!
Posted by HoHum, 6/11/2008 11:21:33 AM
Thank God..the courts may now be able to help curb the senseless slaughter in our industrial workplaces...one fatallity is one to many and Aust wide some 300 workers die each year..
Posted by GRAEME T, 6/11/2008 7:38:50 PM

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 RICHARD THIRKELL
RICHARD THIRKELL
JUDITH DAVIS
JUDITH DAVIS
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