Teen died in work 'death trap'

Ira Gannaway-Gardner was driving Hamish Campbell's home-built motorised buggy and died after crashing into a row of trees.

A family was plunged into a "horrific nightmare" after a teenager was killed driving a home-built "death trap" on a Hastings orchard, a court has heard.

Twyford Rd orchardist Hamish Gregory Campbell was fined $30,000 and ordered to pay $50,000 in reparation yesterday, after his employee, Ira Gannaway-Gardner, 17, died on his property.

Campbell was sentenced under the Health and Safety in Employment Act in the Hastings District Court for failing to take all practicable steps to ensure employees' safety.

In December 2013, Ira was driving Campbell's home-built motorised buggy and died after crashing into a row of trees.

At sentencing, Worksafe prosecutor DeAnne Brabant read a victim-impact statement from Ira's 21-year-old sister, Ruby Gannaway-Gardner, which Judge Bridget Mackintosh said made for "harrowing reading".

"It has now been a year and three months since the dreadful call that shattered my heart and family into millions of pieces," the statement said. "We were plunged into a horrific nightmare, which we now have to live with for the rest of our lives."

Ms Gannaway-Gardner spoke of her brother, who was "about to spread his wings and do so many great things".

"It breaks my heart that he had to ride a death trap without anyone knowing, and lose his life as a result. I feel so much anger inside me knowing the accident could have been avoided with simple safety.

"I'm lost for words when I try to describe the grief, heartache and pain I go through every day. When you lose a sibling you lose a part of your soul."

Ira was working on the orchard to save money toward university studies the following year.

The teenager had been on the job for five days when he was tasked with laying reflective paper between rows of apple trees on the buggy, to speed up the ripening process.

A few hours later, when returning the buggy to a shed, he received the fatal injuries.

There were no witnesses.

He had been set to attend his school prizegiving at Napier Boys' High School the day after his death, where he was due to receive the inaugural prize for diligence in commerce and humanities.

Instead, his classmates farewelled him with a haka.

Hamish Campbell, leaving Hastings District Court, after his sentencing of Hamish Campbell. Photo / Duncan Brown

Judge Mackintosh said the loss to the family was "unimaginable" and Ira's parents and sister had been terribly affected. "This was a young man with everything ahead of him, and the family will have to live with the loss for the rest of their lives."

The judge said she accepted that Campbell was remorseful, he was uninsured and had a modest income.

However, "a number of practicable steps should have been taken" to ensure Ira's safety, and there were "obvious risks" with the buggy.

The orchardist had also failed to establish Ira's level of experience, and didn't give adequate instructions.

In a statement, WorkSafe chief inspector Keith Stewart said Campbell had "failed miserably" at keeping Ira safe at work.

The vehicle was designed and built from a Subaru Brumby with a home-made chassis, and it had a number of hazardous flaws.

Campbell declined to comment after the sentencing yesterday.

His lawyer, Peter Coles, said: "There are some important matters to consider about what steps he'll take after this judgment."

Ira's family were not present at the orchardist's sentencing, because they found it "too difficult to be in court," Ms Brabant said.

They could not be reached for comment last night.