The father of a pearl diver who died off Broome says he is “insulted” and “disappointed” that heftier charges were not laid against WA pearling giant, Paspaley.
Tony Hampton said he was notified on Thursday morning that Paspaley Pearling Company had been charged over alleged workplace safety breaches, but the family felt let down the company had not faced more serious charges over his son Jarrod’s death on April 14, 2012.
“We are a bit shell-shocked,” Mr Hampton told Fairfax Media.
“We’ve been waiting two-and-a-half years now and all of a sudden it’s happened, but it doesn’t go anywhere near far enough so we feel quite insulted and very disappointed.”
On Thursday, WA work safety watchdog, WorkSafe, announced that Paspaley had been charged under the Occupational Safety and Health Act with failing to provide and maintain a safe working environment for its employees.
The charge relates to workplace safety amid the death of 22-year-old Jarrod Hampton, a qualified scuba diver from Melbourne, who was working his second day on the job for the company when he died.
Paspaley Pearls faces a maximum penalty of $200,000.
But a gutted Mr Hampton said the maximum fine, if convicted, was just a fraction of what the Paspaley pearling empire was worth and no one would be held directly responsible over his son’s death.
“The maximum fine of $200,000 means nothing to them [Paspaley],” he said.
“Jarrod lost his life in a workplace accident where there was a serious lack of equipment [and] safety procedures...and the company involved has been just slapped over the wrist and that’s it.
“We are talking about a very large company that has been operating in this industry for many, many years. They are very, very experienced. They would be very well aware of best practise in this industry...yet their own company and their own boats were sadly lacking...resulting in Jarrod’s death.
“We feel very insulted and disappointed.”
Mr Hampton said the family would continue to push for a coronial inquest into Jarrod’s death so they could get the full picture of what happened that fateful day.
“We don’t want Jarrod to have died for nothing. This lack of any sort of justice around what’s happened and the conditions that he was asked to dive under is just disgraceful really,” he said.
“We still want a coronial inquest to go ahead because that is the only place we will get the full truth or as much information as we possibly can.
“We’re still being kept in the dark. We’re still not allowed to see any WorkSafe reports, we’re not allowed to see the state solicitors’ recommendation or how and why that was based. We’re just flying completely blind. We do need a coroner’s inquest into the matter, there’s no doubt about that.”
Any coronial inquest will be delayed pending the charge laid under Occupational Safety and Health laws.
Mr Hampton said the company had “expressed sorrow” over Jarrod’s death, but had not formally apologised to the family, which made the loss harder to stomach.
WorkSafe WA Commissioner Lex McCulloch said the charge came after an extensive investigation, but there was not a prima facie case to hold Paspaley responsible for Jarrod Hampton’s death.
“It cannot be proved beyond reasonable doubt that the alleged breach by Paspaley caused the death of Jarrod Hampton,” Mr McCulloch said.
“The investigation was a significant and complex one.
“WorkSafe conducted a thorough investigation of all the circumstances surrounding the incident, and this prosecution action completes the process.”
The case will be heard in Broome Magistrates Court in September.
Comment has been sought from Paspaley.
