Go Kart business owner fined over strangling death
The former owner of Port Stephens Go-Karts has been ordered to pay $50,000 following the tragic death of a young Muslim mother in 2010.
26-year-old Mariam Dadoun suffered fatal neck and throat injuries when her hijab became tangled in a go-kart's rear axle at Port Stephens Go-Karts.
Despite paramedic attention, she was later pronounced dead at Newcastle's John Hunter Hospital.
The incident was witnessed by the woman's husband and children.
Port Stephens Go-Karts was shut down by NSW WorkCover after the incident, with investigations revealing that the business was not registered with the NSW Government agency.
Under NSW work health and safety laws, it is a legal requirement for businesses with "amusement devices", including go-karts, to be registered to ensure regular safety inspections are made.
This week's prosecution charged former Port Stephens Go-Karts owner Mick Hogan with a breach of the Occupational Health and Safety Act 2000. The Industrial Court of NSW fined him $32,000 and ordered him to pay $18,000 in court costs after he pleaded guilty to the charge.
Hogan had run the family business for 10 years with his wife, Judy. He maintained he had asked Mrs Dadoun to remove her headdress before racing.
However, NSW WorkCover investigations found that Hogan had failed to ensure customers either removed or secured loose clothing or prevented them from riding if they did not do so.
The investigation also found he had failed to properly cover moving parts of the go-kart, that the track was not properly supervised and there was no warning system in case of emergency.
Speaking after the prosecution, NSW WorkCover Director Peter Dunphy said the risk of serious injury or death could have been avoided, stating "this is a sad reminder of the need to maintain proper safety protocols
"This company did not do this and a young woman was fatally injured."
A NSW WorkCover spokesperson added "it is the responsibility of amusement device owners to register the item.
"An annual engineer's inspection must also be carried out on an amusement device and the engineer's certificate submitted to WorkCover with the renewal application."
Hogan said at the time of the incident that he was unaware the business and vehicles had to be registered.
Image used for illustrative purposes only.
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