A building site foreman, a structural engineer and a formwork company have pleaded guilty over a concrete slab collapse at a building site in the city's heart three years ago.
Subscribe now for unlimited access.
or signup to continue reading
But the defendants are no longer accused of being legally negligent after the office of the Director of Public Prosecutions agreed to downgrade charges against them.
The charges stem from a spectacular collapse at a $200million development on the corner of Marcus Clarke and Alinga streets in October 2008.
K-Form Structural Systems, structural engineer John Milton Morgan and foreman Greg Mohammed yesterday pleaded guilty to failing to comply with a safety duty.
The admitted offence carries a maximum fine of $11,000. Had the matter gone to hearing as initially charged, they would have faced a tougher penalty.
Mr Mohammed walked out of the ACT Magistrates Court yesterday without a conviction after the court heard his conduct was that of ''a small fish in a big pond''.
K-Form had been engaged to handle formwork on the multi-level City West Offices project.
A 350 square metre concrete pour began but by mid-morning on October 27, workers had noticed parts of the structure bowing. Supports between two basement levels gave under the weight of wet concrete and part of the structure began to collapse. No one was injured during the accident.
Lawyers for K-Form and Morgan are yet to agree on the facts in relation to sentencing, and a further hearing is scheduled for today.
The pleas to lesser charges were entered on the first day of what was to be a five-day hearing before Chief Magistrate Lorraine Walker.
Mr Mohammed's lawyer urged the magistrate to let his client off without a formal conviction, arguing a black mark would make it hard to keep working in the industry.
The lawyer said Mr Mohammed's superiors and accredited experts had given the all-clear to pour and as such his culpability was minimised.
Prosecutor Margaret Hunter said Mr Mohammed had a duty to check for himself whether the supports were appropriate on the morning of the incident. ''Everyone at the site has a duty, and that's when things fall through the cracks, if everyone's not on their mettle,'' she said.
But the DPP supported giving the defendant a non-conviction order.
Prosecutors declined to pursue proceedings against the building company, Leighton Contractors.