Ashburton Guardian, Monday, February 25, 2019

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Monday, Feb 25, 2019

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All Blacks legend and cancer survivor Buck Shelford attended the Shear for Life event offering his support for the unique event. PHOTO HEATHER MACKENZIE 230219-JPM-0504

Talley’s case heads to Supreme Court The legal argument over a workplace accident that paralysed an Ashburton woman is on a path to the Supreme Court. Talley’s operates the vegetable processing plant where the accident happened in May 2015 and is appealing a Court of Appeal decision over a charge laid under the Health and Safety Act. The charge was dismissed by a district court judge then reinstated by the High Court; Talley’s appeal to the Court of Appeal over the High Court decision was dismissed in December last year.

The woman was injured when she was struck by empty bins falling from a forklift at the company’s Ashburton plant. Worksafe confirmed in January that the Court of Appeal decision meant that its prosecution of Talley’s could continue in the district court, subject to further appeal. But the workplace health and safety regulator said yesterday Talley’s had sought leave to appeal the Court of Appeal decision to the Supreme Court. Worksafe charged Talley’s with breaching health and safety legislation in rela-

tion to the woman’s injury but its prosecution practices came under scrutiny in the legal process that followed. It said no bad faith was intended by not supplying a necessary level of detail with the original charging document and it had since changed its practices. Talley’s is asking the Supreme Court to consider whether the Court of Appeal erred in not dismissing the defective charging documents and whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process.

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