Charge dropped

A LACK of “available evidence” has been given as the reason Workplace Health and Safety dropped a serious charge against a Cairns refrigeration company over the death of their employee.

However, the Coroner has not ruled out an inquest into the tragedy.

Sol Fagan plunged to his death while installing air ducts at James Cook University in 2018.

His employer, Portsmith-based company Alphacool, was charged by WHS last year.

A LACK of “available evidence” has been given as the reason Workplace Health and Safety dropped a serious charge against a Cairns refrigeration company over the death of an employee.

However, the Coroner has not ruled out holding an inquest into the tragedy.

Father of two Sol Fagan (right) plunged 8m to his death while installing air ducts at James Cook University’s Smithfield campus in August 2018.

His employer, Portsmithbased Alphacool, was charged by WHS last year after a lengthy investigation and was potentially facing a fine of up to $1.5m if found guilty of the charge of failing to comply with health and safety duty.

WHS had initially alleged Alphacool, which was charged under the name of its parent company MC Holdings, did not formally induct Mr Fagan, 40, into workplace safety procedures, failed to implement safety control measures and did not provide adequate supervision on the day he died.

But the Cairns Magistrates Court heard on Wednesday the charge was being dropped and WHS would offer no evidence.

Speaking outside court, a Workplace Health and Safety Queensland spokeswoman said this was the end of their legal proceedings against the company.

“The prosecution of MC Holdings Pty Ltd was discontinued and no charges remain outstanding after the Work Health and Safety Prosecutor determined there was no reasonable prospect of securing a conviction on the available evidence,” she said.

An Alphacool spokesman said the decision was “welcome”.

“The court’s dismissal of the complaint ... brings to a close a very difficult chapter for Alphacool,” he said.

“The directors of Alphacool wish to thank their loyal staff and customers for their support during this difficult time.”

The company had its licence suspended by the Queensland Building and Construction Commission in the aftermath of the tragedy on September 21, 2018, but the suspension was lifted two months later.

A spokesman for the Coroners Court of Queensland said the matter remained an “open investigation” by Northern Coroner Magistrate Nerida Wilson.

“Magistrate Wilson is awaiting further outcomes in relation to this matter,” he said. “A decision as to whether an inquest will be held has not yet been decided by the Northern Coroner.”

Mr Fagan leaves behind wife, Hayley Schoon, and two young children, Sojah and Sophia.