Successful Defense of Prosecution for Mining Group

CHALLENGE

Mines are considered one of the most high-risk workplaces for employee health and safety. Employers in the sector have made significant improvements in workplace safety over the past decade, reducing fatalities in the industry by 64% between 2003 and 2015, according to government data.

Seyfarth represented a client in its defense of prosecution proceedings commenced in the NSW District Court in Australia following a fatal accident.

SOLUTION

The prosecution involved interlocutory issues regarding disclosure, the trial being heard in two blocks of four weeks, expert evidence of two experts and lay evidence of 28 witnesses. Upon the delivery of a not guilty verdict of our client, the Prosecutor appealed to the Court of Criminal Appeal. Following argument before the Court of Criminal Appeal, the matter was referred back to the original trial judge for finalization.

RESULT

Following the second delivery of a not guilty verdict, costs were awarded. Seyfarth then assisted the client with a favourable outcome for the payment of its costs.