One of Victoria's largest meat processors has been denied permission to appeal a workplace conviction, more than five years after the death of an employee and father-of-three on a Dunkeld farm.
Warrnambool company Midfield Meat International lodged an appeal of its conviction and the $400,000 fine it received in 2021 for failing to provide a safe working environment.
Experienced stockman and employee of 26 years, Patrick Smith, was killed in December 2017 after being crushed by a bull while working alone in an enclosed yard weighing cattle.
Three Supreme Court justices handed down their written judgement today, rejecting Midfield Meat International's application for leave to appeal and finding none of the grounds of appeal had "any real prospect of success".
Long court process
A jury found Midfield Meat International guilty of failing to provide a safe working environment after a trial in 2021.
The company lodged an appeal, arguing the jury's verdict was unreasonable and the sentence imposed was "manifestly excessive".
It also argued its general manager's admission to police that Mr Smith "should have been working with another person on the morning he was killed" should not have been allowed into evidence.
But Supreme Court justices Kristen Walker, Cameron Macaulay and Peter Kidd said in their judgement the judge was correct to allow this into evidence and all other reasons given for appeal would fail.
Tragic death
On the morning of his death on December 15, 2017, Mr Smith arrived at the Dunkeld farm where Midfield Meat International livestock was agisted and started work alone to weigh the cattle.
The owner of the farm arrived 40 minutes later to find Mr Smith lying on his back on the ground, with cuts to his head, face and legs, unconscious and unresponsive.
He was pronounced dead by paramedics half an hour later and the cause of death was determined as chest injuries sustained when he was crushed by a bull.
A bull known to be aggressive was found with blood on his hooves and legs and was later euthanased in the yard.
A victim impact statement from Mr Smith's wife was read to the court during a previous hearing.
"Pat was a loving husband, an amazing father to our three beautiful children, a loved son and family member and a good friend to many," it read.
Changes made
County Court judge Michael O'Connell said during sentencing that another competent employee should have been with Mr Smith while he was working in the yard.
"Midfield was required to implement an appropriate system of work which addressed the risk to employees when working with cattle in enclosed yards, and it failed to do so," he said.
Midfield Meat International made a formal rule after Mr Smith's death that no employee should enter yards with enclosed cattle without another company person present.
This was taken into account during sentencing.
Midfield Meat International now has five convictions for safety-related offending.
