Introduction
Accused: Martin John Smith ABN / ACN:
Industry: Manufacturing, Logistics and Agriculture  Accused Type: Individual
Date of Offence: 09/12/2008 Date of Determination: 09/11/2009
Incident: Fatalities Judge / Magistrate: C Rozencwajg
Incident Summary: Martin John Smith is the dirctor of Orbit Drilling Pty Ltd ("Orbit Drilling"), which is involved in the exploration, excavation and drilling works of premises that are suspected of containing gold deposits. One such premises is located at Conbinane, Victoria. On 9 December 2006, an employee of Orbit Drilling was killed when the truck that he was driving went out of control on a steep slope and overturned crushing the employee. It is alleged that the brakes of the truck were defective and that this was known to the supervisor of the crew, Maurice Barton and to the knowledge of the company. It is alleged the employee was inexperienced in operating such a vehicle on a steep slope and was not instructed, trained or supervised to operate the vehicle safely.
Court Number: X03648138 Jurisdiction: Magistrates Court

Charges
Act & Section [Maximum Penalty] Count(s)
OH&S Act 2004 - s 21(1) & (2)(a) Employer failed to provide & maintain so far as was practicable for employees a safe working environment - plant & systems of work [1800 penalty units individual 9000 penalty units body corporate] Indictable offence triable summarily 1
OH&S Act 2004 - s 144 Liability of officers of bodies corporate  1
Plea: Guilty Fine:
Result: Committed to trial