Men fatally crushed at Eagle Farm in ‘safety failure’

Two workers were crushed to death due to “serious disregard” for safety while building a wastewater tank at the racecourse, a coroner has found.

Ashley Pangana Morris, 34, and Humberto Ferreira Leite, 55, were killed after becoming trapped between two slabs in a domino effect at Eagle Farm Racecourse in Brisbane on October 6, 2016.

Queensland coroner Donald MacKenzie released his findings into the deaths on Friday after refusing to hold an inquest in part due to the mental state of a key witness.

Mr MacKenzie said: “However, I think the publication of these findings will serve as a signal that will expose the appalling disregard for the safety of Mr Morris and Mr Leite that led to their deaths.” he said.

Subcontractors were in a pit to guide precast concrete tank sections into place as they were lowered by a crane operator.

As part of the redevelopment of the racecourse, underground tanks were being built to hold wastewater from the horse stables.

Designed to form a full side of the tank, each concrete slab weighed between nine and 11 tonnes and measured five by five metres.

The metal support beams designed to keep the walls of the tank upright failed, causing one of the plates to fall to the floor of the pit.

Mr. Morris and Mr. Leite managed to climb onto the falling slab but were then crushed by another falling slab and died instantly.

Construction Building Technologies Pty Ltd manager Claudio D’Alessandro, who supervised the workers, was charged with two counts of manslaughter on November 14, 2016.

D’Alessandro attempted to board a flight to the Philippines the next day but was detained by Border Force at Brisbane International Airport.

He suffered a stroke in December 2022 and was found permanently unfit to stand trial by the Mental Health Tribunal a year later.

Prosecutors dropped involuntary manslaughter and workplace safety charges against D’Alessandro.

Mr MacKenzie said it was “interesting” that the court offered no explanation as to why D’Alessandro was deemed permanently unfit for trial.

“Usually, applicants who claim to have a permanent disability have their criminal proceedings temporarily stayed and are monitored by the Mental Health Tribunal before a decision of unfitness for permanent proceedings is made,” he said.

The coroner found that Mr Morris and Mr Leite died “due to the failure to follow appropriate working, health and safety procedures”.

There were many breaches of building practice codes, including no escape route from the pit in case the concrete walls collapsed, inadequate support to keep the walls upright and the floor of the pit uneven.

Criscon, the company responsible for the racetrack redevelopment, pleaded guilty to two breaches of the Queensland Occupational Health and Safety Act and was fined $625,000.

Due to the workplace safety authority’s subsequent crackdown on “cowboy” operators, Mr MacKenzie did not make any recommendations.

“I have great sympathy for the families of those who died,” he said.

“There have been long delays in the criminal justice, mental health and judicial systems, and I can easily understand their frustration.”