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Former Port of Auckland CEO faces trial over workplace fatality

Tony Gibson news
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Former Port of Auckland CEO Tony Gibson is on trial for charges related to the workplace death of Pala’amo Kalati in 2020.

This is the first time a New Zealand chief executive has faced such charges.

Gibson faces fines up to $400,000 if convicted under new health and safety laws aimed at holding senior officers accountable for worker safety.

31-year-old father of seven Kalati died in the early hours of 30 August 2020. According to a report in legacy media, a crane was lifting two containers from a ship’s deck when a third container, still partially fastened, accidentally lifted before breaking free and crushing Kalati as he worked below.

Maritime NZ alleges systemic safety deficiencies at the port during Gibson’s tenure and claims he failed to take necessary steps to keep workers safe.

Gibson’s defense argues he cannot be held criminally negligent for Kalati’s death, citing his limited personal control over individual systems and staff.

The prosecution alleges Gibson neglected duties such as ensuring safe distances for workers near cranes and coordinating safety procedures during the Covid-19 pandemic.

Gibson’s defense will point to his efforts to improve safety systems.

The trial continues in the Auckland District Court.

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11 COMMENTS

  1. It will be interesting to see what happens here. This man needs to take responsibility. These jobs, CEO’s, come with a good renumeration and this is surely all tied on with their job to see adequate measures are in place. 400K would be less than half a year’s salary.

    It would be nice to see a little ownership with in these circumstances.

    • While I acknowledge your reasoning, I think that accidents do happen.
      Just because remuneration for CEOs is obscene, doesn’t make them criminals. They are just a better paid gofer for much higher echelons than the unfortunate serf who perished.
      What is criminal is the filth between high-finance, corporates and politics.
      You call it fascism.
      And THAT will not (yet) be adjucated.

      • Quite right accidents do happen and mistakes are made. I think if the judiciary system is working the way it’s supposed to then there should be an answer by the end of the process. People get fined doesn’t make them a criminal.

        Of course there should be enquiries as to why so many people are dying of all ages but thats a different argument and they are criminals.

        • “Of course there should be enquiries as to why so many people are dying of all ages but thats a different argument and they are criminals”.

          Oh, and there definitely will be the Tricoteuse in that case!

          • Ha 😄, my school boy French and textile knowledge brought me to that. Actually it should be plural, with an extra s.

            Thanks for your measured response, with yours and with the Unquaxinated I have softened my view particularly after reading the comment ” ….Maritime NZ only interested once something has gone wrong, this is arguably just as much THEIR failure as it is the company’s…..” That’s a very good point.

            I hope the judge is a good judge too.

  2. First of all I should’ve said my condolences to Pala’amo Kalati’s family. I’m very sorry for you loss, these things should never happen. Further to this $400,000 does not even begin to compensate for your loss.

  3. This is a bs charge. Something some idiot dreamed up to sue executives of a company. This will be a huge waste of the tax payer money.

  4. There’s always going to be scrutiny with a case like this and yes it’ll probably cost money. I expect they’d like to make sure something like this doesn’t happen again.

  5. Awful what happened (and obviously sorry for the family’s loss), but have they tried…perhaps…NOT standing under containers while they’re being hoisted by cranes? 🤔

    I mean, isn’t that basic safety 101 first day? “Stand clear while the cranes are working”?

    If it states so anywhere in the company safety policy, and they ignored it, can we really blame the CEO?

    How does ruining another (arguably uninvolved) person’s life fix anything? How does it bring back the person who was lost? How does it prevent future accidents from happening if all the safety manuals and protocols in the world can just be ignored?

    Why are Maritime NZ only interested once something has gone wrong, this is arguably just as much THEIR failure as it is the company’s. Why aren’t they doing more to ensure these kinds of accidents don’t happen? Should their CEO be prosecuted too?

  6. Maybe, maybe not, why don’t they take a look and see. That’s what a court hearing is for. Just saying.🤷. Were all safety checks in place? What caused the employee to stand directly under the container? Why wasn’t it secured adequately in the first place? These questions need to be asked, ultimately if correct procedures aren’t in place then there’s the possibility of neglect. Sorry ’bout the CEO, but was there something lacking? There’s always gonna be hard questions with these cases. I guess we’ll find out.

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