The ACT Industrial Court has cleared a path for criminal proceedings against a construction company over the death of a contractor at a Canberra worksite.
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Gunning truck driver Michael Booth, 48, was electrocuted while working for Kenoss Contractors at Turner in 2012.
The company and an acting director, Munir al-Hasani, also known as Allan Hassani, both face allegations they breached their duties under the Work Health and Safety Act, putting Mr Booth at risk of serious injury or death.
Lawyers appeared on behalf of liquidators for Kenoss Contractors in the ACT Industrial Court on Tuesday.
The company went into voluntary liquidation in October last year.
It sparked confusion about whether legal proceedings could still be brought against it, or whether the Director of Public Prosecutions required a grant of leave from the ACT Supreme Court.
Prosecutors had argued that requirement only applied to civil proceedings, not criminal proceedings, and should not get in the way of the case.
Kenoss Contractors was charged over a failure to maintain safe work systems and a safe work environment without risks to health and safety.
Mr al-Hasani faces similar charges.
He is the first senior manager to be charged in relation to the death of a worker in Australia, under new nationally harmonised work health and safety legislation.
Under the new laws, the company could be fined $1.5 million and Mr al-Hasani could have to pay $300,000 if found guilty.
The court heard the liquidators for Kenoss Contractors, RSM Bird Cameron, didn't have the funds available to defend the charges and it was possible no-one would appear on their behalf of the company if the prosecution went ahead.
Defence lawyers told the court the company had followed a standard process for a creditors' winding up.
Prosecutor James Walker said the legal requirement for criminal prosecution to proceed did not hinge on whether the company had been voluntarily wound up by members or by creditors.
Mr Walker told the court that documents showed Kenoss Contractors had made payments which totalled about $1.9 million to related companies after it went insolvent in December 2012, and there could be money available if a fine was imposed.
He said the payments raised concerns about those companies and how they were operating.
Chief Magistrate Lorraine Walker told the court she was satisfied that leave to prosecute was not required.
She said the company would next be required to face court with Mr al-Hasani later this year.
A hearing will begin on December 17.