ABC News
)The Department of Defence has been convicted and fined $350,000 under federal work health and safety laws after an employee lost his leg during a maintenance operation in Townsville.
The Townsville Magistrates Court heard the incident at the Garbutt RAAF base in August 2017 occurred when staff were working to remove nylon tape from an emergency breaking system called an aircraft arrestor unit.
The workers, including Corporal Jim Dwyer, were using a tow motor to remove the tape from an eight-tonne arrestor unit on a flat bed truck.
"Corporal Dwyer, in the process of inspecting the unit, had gone onto the back of the truck and had stood in the lifting frame on the back of that truck," Acting Magistrate Scott Luxton said.
"As the tape came to its bitter end, the lifting frame and the unit, after a rachet strap gave way, came off the back of the truck and landed on the runway."
The court heard Corporal Dwyer became entangled in the lifting frame of the unit and sustained serious injuries.
"His right leg was severed between his ankle and knee resulting in his right leg being amputated below the knee," Acting Magistrate Luxton said.
ABC North Queensland: Tom Major
)Lasting trauma
In handing down his sentence Acting Magistrate Luxton referred to a victim impact statement from Corporal Dwyer.
"Corporal Dwyer has been diagnosed as suffering post traumatic stress disorder (PTSD) as a result of the incident and the serious injuries he suffered," the judge said.
"His wife has had to resign from her employment as a teacher to become a full-time carer.
"He continues to suffer pain to his back and legs there has also been financial loss to he and his wife in terms of future income."
The court heard Sergeant Gareth Loftis and Daniel Patrick, who were in the crew that night, had also suffered emotionally.
Sergeant Loftus was diagnosed with PTSD after an emergency hospitalisation two years after the accident.
"He speaks of constantly going back over in his mind how things could have been done differently on the evening of the incident," Acting Magistrate Luxton said.
ABC News: Chloe Chomicki
)'Obvious' risk
Acting Magistrate Luxton recognised the early plea of guilty and actions of the Department of Defence to address the problem swiftly, but noted the organisation already had a previous conviction for a similar offence.
"The penalty should serve as a means of encouraging employers to maintain what is described as a constant vigilance with respect to ensuring the safety of their employees at the workplace," he said.
He also indicated the likelihood of death or serious injury from the work being done was not remote, but "obvious" and "foreseeable".
Outside court the Commander of the Combat Support Group, Air Commodore Veronica Tyler, who manages all air bases across Australia, said Defence deeply regretted the situation and how it occurred.
"We certainly accept responsibility for what happened and the ruling of the court today," she said.
"Defence has a robust safety system and certainly with this case we took immediate action, and there is a number of things that have changed in our policies and processes on this particular case.
