Grocon may plead guilty over fatal Melbourne wall collapse
Construction company Grocon has indicated it will plead guilty to breaching workplace safety laws over the collapse of a wall in Melbourne that killed three people.
French student Marie-Faith Fiawoo, 33, and siblings Bridget and Alexander Jones, aged 18 and 19, died in 2013 when the large brick wall blew over in strong winds at the Grocon building site in Carlton.
The wall in Swanston Street had a large awning fixed on it and Grocon subsidiaries and sign maker Aussie Signs were due to face a lengthy committal hearing at Melbourne Magistrates Court.
But lawyers for a subsidiary of Grocon, Grocon Victoria Street, told the court the company was willing to plead guilty if the matter could be heard under magistrates court jurisdiction.
If the matter were to proceed to trial at the County Court it could be heard before a jury and attract greater penalties.
If Grocon Victoria Street pleads guilty today, charges against the other two subsidiaries would be dropped pending court approval.
A lawyer for Grocon Victoria Street told the court the company was willing to plead guilty on a risk, rather than a causal basis.
That means the company would admit guilt over the risk of the wall collapsing, rather than causing the wall to fall over.
The court heard an expert witness, listed to appear before the committal, was prepared to give evidence that the wall was only safe for five to 10 years without the hording attached, and only six to 12 months with the hording attached.
It heard the witness stated the wall was supposed to have been safe for 500 years.
A lawyer for Aussie Signs told the court the company was not aware of Grocon's application for a conditional plea.
Lawyers from both parties are meeting to resolve the matter.
Witness heard 'creaking' before wall collapse
The site in Carlton was formerly owned by Carlton and United Breweries before that company sold it to tertiary institution RMIT in 1998.
The university later sold the site to Grocon to develop into a retail, residential and education precinct.
WorkCover alleged that by attaching the sign hoarding to the wall, there was an increased risk of it being blown over.
The court heard while much of the site was demolished to make way for the new development, the wall, constructed in 1971, was left behind and exposed to wind gusts.
While the sign was all one height, the wall was lower at one end.
The court heard witnesses near the scene when the wall collapsed reported feeling a "really strong wind" and a "creaking sound" before the sign came crashing down.
They then saw timber boarding starting to "peel away" before hearing screaming and seeing bricks all over the footpath.
Building Code required wall to stand safely for five centuries
A lawyer for WorkCover told the court it was not possible to say the conduct of the company caused the wall to collapse.
He said rather, it should have been aware of its capacity to withstand wind, and should have conducted an assessment of the wall's capacity.
He said it was reasonable to accept Grocon would have taken action to reduce that risk.
The court heard the Building Code of Australia requires walls, such as the one that fell, to stand safely for 500 years.
In the case of the wall that collapsed, the court heard an expert witness was prepared to give evidence that it was only safe for five to 10 years, without a sign attached.
The court heard the expert witness would testify that with a sign attached, the wall's safety was only guaranteed for six to 12 months.
The court heard another witness who had combed through photographs of the structure had noticed a crack in the wall, and plants growing at its base, as well as a possible masonry tie in the brickwork.
The maximum penalty in the Magistrates Court for a single breach on the relevant charge is $305,350.
If the case proceeded to trial in the County Court before a jury the maximum penalty for the same offence would rise to $1.1 million.
Magistrate Charlie Rozencwajg will rule on the application on Thursday.
