Fuel hose leads to conviction

By
Tuesday, 29 November, 2005

Defence company ADI Ltd has been convicted of failing to provide a safe working environment following a fire that claimed the lives of four crew members of HMAS Westralia more than seven years ago.

In Perth Magistrates Court, Magistrate Peter Malone convicted ADI of failing in its obligation to provide a safe workplace by installing inappropriate flexible fuel hoses on the warship, resulting in a fire in 1998.

ADI, which was charged following an investigation by Comcare, the federal government's workers compensation insurer, last year pleaded not guilty to the charge.

During the trial, Commonwealth prosecutor Stephen Hall, SC, said ADI had not followed the navy's instructions to investigate if the switch from rigid to flexible fuel hoses was appropriate, and did not have qualified people advising on, or approving, the work.

He said ADI, as the government contractor, was obliged to ensure the hoses were fit for use, and in not doing so, had exposed naval personnel to harm and breached the Commonwealth Occupational Health and Safety Act.

Midshipman Megan Pelly, 22, Petty Officer Shaun Smith, 29, Leading Seaman Bradley Meek, 25, and Able Seaman Phillip Carroll, 23, were repairing a fuel leak in one of the new hoses on 5 May 1998 when the fuel ignited, sparking the massive fire in which they died.

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