D&R Henderson plead guilty over Benalla death of Rasta Kemp

Rasta Kemp was dragged into a conveyor belt on a wood moulding machine at D&R Henderson on May 30, 2018.

He had been adjusting the belts on a waste transfer station when his clothing became tangled in pins on an unguarded drive shaft.

He was dragged around the shaft four times before being impaled on a metal pole.

Other staff members heard a noise and looked over but their view of the incident was blocked.

The father-of-one wasn't found for nine minutes and died at the scene from multiple injuries.

On Monday the late man's sister, Chloe Ransley, told the County Court of her heartbreak, and of struggling to break the news to her mum.

"I will never, ever forget that day," she said through a victim impact statement read out to Judge Michael Cahill by the prosecution.

"I could not find the words to tell my mum that her son had died and hear her heartbreak as she realises she will never get to hold her son in her arms ever again, or be able to tell him she loves him.

"It breaks my heart to this day that I couldn't tell her.

"All I wanted to do was go see him and for it not to be true.

"I just wanted to see my brother, give him the biggest hug, and not let him go.

"I would cry myself to sleep for a long time after he passed away.

"I would have dreams about seeing him in a shop, thinking he was back, but would wake up from holding my breath in my sleep, my face and pillow being covered in tears.

"It still happens every now and then.

"When I wake up it feels like he's been taken away all over again."

Mr Kemp's partner Ebony Clark recalled telling their son, Oliver, his dad would never return home.

"I had taken Oliver out to lunch and when we came home the police arrived," she said in her statement.

"I was in complete shock.

"The first days were such a blur.

"I just remember crying all the time.

"Having to tell Oliver was incredibly difficult.

"He kept asking for his dad.

"I had to keep explaining over and over that he wasn't coming back."

Their son was two-and-a-half at the time of the incident and Ms Clark said he still sometimes thinks his dad might come back.

The late man's mother Maryann Ransley said "we have lost the laughter in our family".

The court heard Ms Ransley screamed "not my boy, it can't be true" after the incident.

The business pleaded guilty to two workplace safety offences on Monday.

The court heard the business should have put a cover or sleeve over the rotating shaft and the drive motor and shaft should have been in an area where people could not come into contact with it.

The court heard 29 improvement notices had been issued to the business before the incident.

WorkSafe staff had noted similar issues had been found with other machinery which required guards, but not at the site that killed Mr Kemp.

The company's lawyer, Robert Taylor acknowledged the pain felt by the late man's family and said staff at the business had also been impacted.

"I can say whilst there is nothing by way of comparison to the loss of a loved family member, the incident that occurred on this day has also affected those who managed and continued to work for D&R Henderson," he said.

Mr Taylor noted the business had undergone extensive safety reviews and changes.

Judge Cahill noted it had taken two years since a guilty plea was indicated for the matter to return to court.

Labour hire company Recruitment Select, which placed Mr Kemp at the business, was previously fined $50,000 in the lower court.

The County Court heard the two charges D&R Henderson has admitted to carry a maximum combined penalty of nearly $2.9 million.

The matter will return to court on September 22 for sentence.

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