Queensland coroner finds Ashley Morris and Humberto Leite crushed in ‘safety failure’

Morris and Leite were able to get on top of the falling slab but were subsequently crushed by another falling slab, killing them instantly.

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

D’Alessandro tried 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, a year later, was found to be permanently unfit for trial by the Mental Health Court.

Prosecutors discontinued the manslaughter and workplace safety charges against D’Alessandro.

It was “curious” that the court gave no explanation as to why D’Alessandro was found permanently unfit for trial, MacKenzie said.

“Commonly, applicants claiming to have a permanent disability are granted a temporary stay of their criminal proceedings and are monitored by the Mental Health Court before a permanent unfitness for trial is granted,” he said.

Morris and Leite died “due to a failure of proper work, health, and safety procedures”, the coroner found.

There were multiple breaches of the construction code of practice, including not having an escape route from the pit if the concrete walls collapsed, inadequate bracing to keep the walls upright, and the pit having an uneven floor.

Criscon, the company ultimately in charge of the racecourse redevelopment, pleaded guilty to two breaches of Queensland’s Work Health and Safety Act and was fined $625,000.

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

“I have great sympathy for the families of the deceased,” he said.

“There have been lengthy delays in the criminal justice, mental health and coronial systems, and I can readily understand their frustrations.”

AAP