Paralysed in a ‘pool of blood’
A FORMER apprentice carpenter left a permanent paraplegic in a horrific workplace accident at Robina told a court he fell through a second-floor stairwell void that was left uncovered.
Rohan Sills entered Southport Magistrates Court in a wheelchair yesterday, almost three years after he plunged more than 3m onto concrete at City Village residential construction site on October 20, 2016.
The principal contractor on the site was Cullen Group Australia, which collapsed later that year.
Sole director Wayne Cullen has taken a charge of failing to comply with workplace health and safety duties to trial, denying he is liable.
He barely uttered a word as he faced Southport Magistrates Court for the first day of the trial, listed for two days.
Office of Industrial Relations senior legal officer Kylee-Rachel Fellows told the court “on the day of the incident there was nothing in place” to stop the fall occurring, and that “due diligence is a proactive duty”.
Called as a prosecution witness, Mr Sills told the court he had been “installing the roof trusses upstairs” as a fourth-year apprentice for Sharp Construction.
He said he spent “easily a week or two” on the second level of the townhouse build.
Ms Fellows asked whether he had noticed the void covered, or whether aluminium planks were over the hole.
Mr Sills replied “no” both questions.
He was spared a grilling by defence barrister Sarah Cartledge, who decided against a cross-examination.
Another witness, former site foreman Grant Hudson, to told the court of the moment he rushed to help Mr Sills after he was alerted to the fall and “saw the pool of blood”.
Mr Hudson said he “didn’t see him fall” and “I don’t know how he got there”, but agreed that the void was not covered at the time.
He said Mr Sills’ “superior at the time didn’t know he was up there”.
“No one did,” he said. Mr Hudson spoke at length about safety protocols at the worksite and said he had discussed using the large planks as a temporary safety measure with Workplace Health and Safety prior to the accident.
“I didn’t do anything without permission and consultation,” he said, adding he had no idea how the planks were moved.
Mr Hudson said he had been in regular contact with senior Cullen Group workers to discuss and manage safety issues, and that Mr Cullen was always kept in the loop.
Mr Cullen declined to comment outside court.
The trial continues.
I DIDN’T DO ANYTHING WITHOUT PERMISSION AND CONSULTATION