A company that operated a zip-line tour in the Daintree rainforest has been committed to stand trial on a reckless conduct charge related to a 2019 incident in which a tourist plunged to his death.
South Australian man Dean Sanderson was killed and his wife Shannon was seriously injured when they fell at least 16 metres at Jungle Surfing Canopy Tours at Cape Tribulation in Far North Queensland on October 22.
Prosecutors allege the zip-line failed when the cable slipped through wire rope grips used to secure it to the platform.
Engineer Stuart Davis told the Cairns Magistrates Court he believed that occurred because some nuts had not been adequately tightened.
Prosecutors allege the company committed reckless conduct in using the wire rope grips contrary to Australian standards, failing to use a torque wrench to ensure the grips were tightened to a particular measure, and failing to implement a system of maintenance involving the regular use of a torque wrench.
Lawyers for Keydane, the zip-line company, had argued at a committal hearing that it did not have a case to answer.
Grips tightened 'by feel'
The court was told the company first started using the wire rope grips in June 2018, about 16 months before the fatal incident.
It had previously used prefabricated cables with swaged ends.
The court heard a former operations manager, Leigh Gallon, oversaw the installation of the wire rope grips, which staff usually tightened with a socket wrench.
Mr Gallon told Workplace Health and Safety investigators the tightness was checked "by feel mainly" and that, while he was aware an Australian standard existed, he could not recall the details.
"We did discuss in the future sort of having a policy where we would use a certain torque for the wire rope grips but there was nothing necessarily," Mr Gallon allegedly told investigators in an interview.
Mr Gallon had left Jungle Surfing Canopy Tours by the time the incident occurred.
Defence argues there is no evidence
Defence counsel Mitch Rawlings told the court prosecutors had to prove the company was aware the wire rope grips needed to be tightened to a torque of 35 newton-metres and that it was aware of the relevant Australian standard.
He argued there was no evidence to establish this was the case.
Mr Rawlings also questioned some assumptions Mr Davis made when he tested components of the equipment after the incident.
But Magistrate Kevin Priestly, in committing the company to stand trial, found a jury could inferentially conclude Mr Gallon must have known that the required torque needed to be maintained and that he was indifferent to a risk of serious injury or death if that did not occur.
"I emphasise these are not findings as to the outcome," Mr Priestly said.
The Sandersons were among 12 people on the zip-line tour.
Another man was injured while being lowered to safety from a raised platform after the couple fell.
If found guilty, the company face a maximum penalty of $3 million.
No date has yet been set for the trial in the District Court.
