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Category: Industrial Relations / Courts and Trials / Law, Crime and Justice

Industrial Court prosecutions criticised in case of cleaner who fell from plane

Tuesday, 6 Dec 2016 10:25:27 | Elizabeth Byrne

Flights were diverted from Sydney to Canberra because of fog, causing delays at the Canberra Airport. Good generic. Taken May 28, 2013. (ABC News: Gregory Nelson)

The ACT Chief Magistrate has lashed out over Industrial Court prosecutions saying they are plagued with a lack of diligence, as she considers whether to dismiss a case about a man who fell from the door of a plane he was cleaning.

Star Aviation is accused of safety breaches after the man fell onto concrete, injuring his back, in 2014.

The case was to have been heard this morning, but it was put off and witnesses told to go home after the prosecution raised last-minute objections to the agreed facts.

ACT Chief Magistrate Lorraine Walker, who is also the Industrial Court Magistrate, told the court there were problems every time there was an industrial matter before the court.

"The charge, as it stands, does not delineate a criminal offence," she said.

"This is a mess."

She also asked why it was being left to the court to fix the problems.

"The whole idea of the Industrial Court was so that we could deal with these matters more efficiently," she said.

"The charge doesn't even indicate the nature of the duty holder."

Prosecutor Melanie Moss, who has only had the case for a few days, told the court it had been a busy time of year with many trials, but agreed the situation was not ideal.

She said the particulars of the case clearly outlined the offence and the case should be allowed to proceed.

"Workers in the ACT are entitled to be protected from falls," she said.

But David Chitty, the lawyer representing Star Aviation, called for an end to the case.

"I think the matter should be dismissed," he said.

Ms Walker is considering the application and will deliver her decision later this week.

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