Family of man killed in workplace blast speak of their pain

Tuesday, 31 October 2017

Jamey Lee Bowring was killed in a blast at a hazardous waste company Salters Cartage in Bolderwood Place, Wiri.

Jamey Lee Bowring's mother wiped away tears as she remembered her son's special smile on Tuesday.

Bowring, 24, had been welding at Salters Cartage's hazardous waste company at Wiri in south Auckland on September 15, 2015, when the 100,000-litre tank he was on exploded, killing him.

His mother addressed the a court on Tuesday and outlined the pain she had felt following his death.

The explosion was heard at least 5km away and sent debris flying 100 metres from the scene.

A sentencing hearing for Salter's Cartage, and director Ron Salter took place in the Manukau District Court on Tuesday afternoon.

* Grieving father wants answers**

Both the company and Salter, as director, pleaded guilty to 11 charges under the Health and Safety in Employment Act 1992.

The company and Salter also pleaded guilty to 22 charges under the Hazardous Substances and New Organisms Act, for which the maximum penalty is a $500,000 fine and/or three months imprisonment for the director.

WorkSafe outlined in the hearing Salters Cartage should be fined $400,000, while Ron Salter should face a sentence of home detention.

During their submissions, they argued Salter failed on a number of levels to provide a safe working environment for Bowring.

Bowring's mother, Sarah Ferguson, read an emotional victim-impact statement to the court.

'Jamey, my little friend, a love like no other…He was so full of life. He was our everything,' she said.

'…Ronald Salter you have taken all our happiness and dreams.'

Bowring had only recently returned to working with Ferguson's partner, Trevor Ackers, at his Huntly-based company Raceworks at the time of his death.

On the day Bowring died, both men were undertaking contracted maintenance works on the tanks at Salters Cartage's Wiri site.

They had both been on the tank, tidying handrails, when Ackers left. He had just made his way down the stairs when the tank exploded.

At the time Ron Salter said there was no need for Bowring to be welding for the job he was there to do.

Ferguson slammed Salter for 'playing the victim', and said he had cried 'crocodile tears' for her son. She said he had set up a scholarship in her son's name without the families' consent.

'We are never to hear his voice and laughter again. There will always be an empty chair at the table, and an unopened present under the Christmas tree,' she said.

Sid Ferguson, Bowring's younger brother, faced Salter when he read his statement.

'He was more than a big brother. He was my best mate and my role model.'

Following his death, Sid Ferguson said he had struggled to come to terms with the way his brother was killed.

'Throughout my life my Mum has been mine and Jamey's rock. There is no way she will ever be the same.'

Salter sat in court wearing a shirt with his company's name emblazed on it. His lawyer, Steven Bonnar QC, read a statement from him to the court.

'Let me first begin with an apology to the family, I am so sorry for the loss of your son.

'I made mistakes, I am here today because of those mistakes.

'I am not going to stand here and say how badly I feel, or how hard this has been on my family and my staff.'

Bonnar argued Salter should be sentenced to community work, rather than home detention and the business should be fined $320,000.

Raceworks was also charged over the incident, and were represented in court.

Judge Richard McIlraith indicated he would reserve his decision, and deliver it in open court in November.