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Canberra project manager blames victim for workplace death during road resurfacing project

A Canberra project manager charged with safety breaches over the death of a truck driver has blamed the victim for the accident during a hearing in the ACT Industrial Court.

Michael Booth, 48, was electrocuted in March 2012 when he unloaded gravel from his tip truck in a compound under low-hanging power lines.

The incident happened at an area in Turner just off Barry Drive during a $4.5 million road resurfacing project.

In the first case of its type under new national safe work laws, project manager Munir Al Hasani and Kenoss Contractors have been charged with failing to maintain a safe work place and exposing a worker to serious risk of injury or death.

Kenoss is in liquidation and not represented in the case.

Mr Al Hasani has been representing himself.

The court has already heard there were no warning signs or the usual flags on the wires to alert Mr Booth to the danger.

Mr Al Hasani told the court he had taken steps to minimise risks by briefing staff about the danger and ordering that only small vehicles be allowed in the compound.

Prosecutor Sara Gul suggested to Mr Al Hasani that he had not factored in the possibility that a visitor to the site like Mr Booth might go into the compound.

But Mr Al Hasani said Mr Booth had gone to the wrong place.

"If he would have followed the direction of the foreman there would be no incident," he said.

But he denied being present when a report by Kenoss, which also blamed Mr Booth for the accident, was written.

Mr Al Hasani said another reason he could not be held responsible was that by the time of the accident another company had taken control of the compound.

"On that day of the incident it was not under my command," he said.

He disagreed when Ms Gul suggested he had failed to ensure Kenoss met its obligations, and had the resources and systems to maintain a safe working environment.

Mr Al Hasani said he just wanted to clear his name and complained that the case was the first case of its type.

"I am a case study," he said. "I am the guinea pig."

In an aside, Mr Al Hasani noted his many years as a successful project manager in Canberra.

He told the court he had even been responsible for building the ACT Magistrates Court building.

"It took me 20 years to get here to use it," he said.

Prompting Chief Magistrate Lorraine Walker to quip: "I might have to talk to you about that."

The case is expected to return to court next week.