The victim's mother Paula Palmer (green jacket) is comforted by family support person Tracy Manning, as 'whistleblower' Martin Byrne hugs a supporter after William Sullivan was sent to prison in the Nelson District Court. Photo / Tracy Neal
The victim's mother Paula Palmer (green jacket) is comforted by family support person Tracy Manning, as 'whistleblower' Martin Byrne hugs a supporter after William Sullivan was sent to prison in the Nelson District Court. Photo / Tracy Neal
The man who blew the whistle on the cover-up of a workplace accident, days before a young worker almost died, is relieved the men behind the lies are now behind bars.
Martin Byrne, a former senior figure at Nelson-based marine engineering firm Aimex Limited, joined a crowd that gasped in shock when its former health and safety manager, William (Bill) Sullivan was last week sent to prison for nine months for making a false statement.
Company supporters packed the gallery, ushered in by the company’s most senior boss, Steven Sullivan, who stood cheerily directing people to their seats as if they were about to watch a Broadway show.
On Tuesday this week, Byrne was less surprised when Steven Sullivan was sent to prison for 20 months on a charge of perverting the course of justice.
Byrne told NZME it was a huge relief to see justice served, not just for the sacrifices made by all those who had suffered, but primarily for injured worker Brook Palmer, for whom the consequences of the company’s inaction over the earlier accident, were serious.
Former Aimex company man turned whistleblower, Martin Byrne, is open about the mental stress caused by what happened. Photo / Supplied
Byrne’s decision to speak up was described by Crown lawyer Jackson Webber, acting on behalf of the police, as “a case study in doing what’s right”.
Byrne said his reason for outing the subterfuge was a logical step made quickly and decisively.
“It all happened very quickly. I found out about it late one morning, spoke to a good friend who gave me advice and had probably made the decision within half a day.
”I just knew I had to do it, when it was clear I couldn’t stay there and see any resolution.”
Byrne, who re-established himself on the West Coast, is open about the mental stress caused by what happened.
“It was very taxing but I had a lot of support from a cool group of friends and my partner who got me through it.
“It’s not a place I ever want to go to again but at the end of the day … it’s that old cliche, what doesn’t kill you makes you stronger, and that’s how it is for me.
“I think this whole experience has probably, bizarrely, made me a better person.”
The charges against the Sullivan brothers arose from evidence that came to light they had lied about a workplace incident in July 2019 that occurred a week before a similar accident left Palmer with brain damage.
Palmer, who was 19 at the time, was found unconscious in the hull of a boat after being overcome by toxic fumes from the product he was using to clean the vessel’s engine bay.
The injured man's mother Paula Palmer leaving the Nelson District Court after William Sullivan was sentenced to prison. Whistleblower Martin Byrne looks on. Photo / Tracy Neal
For this, Aimex was sentenced in July 2021. It received a fine of $250,000 and was ordered to pay $65,000 in reparation and $1434 in costs after admitting a charge under sections of the Health and Safety at Work Act.
There had been whisperings of a similar incident occurring only a week before Palmer’s accident, when another young worker, referred to as “Employee X” was using the same product on the same vessel and had also been affected by the fumes but managed to get out of the boat.
This was because the worker’s evidence of the incident – some of which had been written on his timesheet, had been concealed or destroyed.
Despite WorkSafe’s efforts to get to the bottom of what happened, including being told by Employee X in an interview, it wasn’t able to prove it and Aimex was therefore sentenced by a court that was never made aware of the full story.
Worksafe told NZME this week: “The deception meant the sentencing of Aimex was not carried out with a full understanding of failings.”
Basically, it got off lighter than it should have, the Crown, acting for the police argued.
After they were charged earlier last year the pair fought to keep their names secret, but suppression lapsed at a hearing earlier this year.
William Sullivan had initially been charged with intentionally misleading WorkSafe investigators but in March this year, he pleaded guilty to an amended single charge of making a false statement. The following month his brother admitted a charge of attempting to pervert the course of justice.
Judge David Ruth said in sentencing William Sullivan last week that his actions were an “outrageous dereliction of duty”.
He said the accident that left Palmer with life-changing injuries was “entirely preventable”.
“This man has been damaged for the rest of his life because you didn’t abide by your obligations.”
This week he said in sentencing Steven Sullivan that it was accepted he was not directly responsible for what had happened to Palmer in the way William Sullivan was, but that he had misled the court about information that he knew full well had the effect of achieving a “considerable financial saving” for the company.
Judge Ruth said that would not have happened had the truth been told in the first place.
“You said that in the beginning you did not intend to mislead WorkSafe but when confirmation of the first incident came to light you made ‘a stupid mistake’ of covering it up to protect your family.
“You said the situation was a deep hole that just got worse. You said that you ought to have been transparent with WorkSafe at the time and just let everyone take responsibility for their part.”
Judge Ruth also said Steven Sullivan denied his actions were intended to reduce any penalty imposed in terms of the WorkSafe prosecution, but that his actions had struck at the heart of the administration of justice.
Steven Sullivan denied his actions were intended to reduce any penalty imposed in terms of the WorkSafe prosecution. The court didn't buy that argument. Photo / LinkedIn
He noted the defence had “euphemistically termed” his offending as a failure to tell the truth, or a failure to put the record right, but they were lies.
“They were barefaced lies and they were not the actions that should be expected of a company director who has any integrity and any regard to his obligations in that role,” Judge Ruth said.
Byrne, the former head of Port Nelson, arrived at Aimex in January 2021 but was gone six months later, sparking the small-town rumour mill as to what had happened.
He was initially hired as a consultant to review the firm’s business structure including its health and safety systems, then in June 2021, he became its chief operating officer before quitting suddenly a month later.
Byrne told the court during Steven Sullivan’s sentencing on Tuesday this week that he began to sense things weren’t adding up when he was asked to review a statement of facts document Aimex had received from its lawyers, related to its guilty plea over the accident involving Palmer.
“On the 12th of July 2021, I became aware of the destruction of an incident report relating to a similar incident that took place about four days before Brooke Palmer’s in 2019.
“I was advised of this document destruction by William Sullivan and the involvement of Steven Sullivan,” Byrne’s statement said.
He immediately sought legal advice, spoke with Aimex directors, and quit.
Byrne told NZME that while he was quick to decide, the implications dawned later, such as having no income against rising legal costs, followed by seeing opportunities dwindle due to Covid-related lockdowns.
Brook Palmer, known as "Employee A" in court documents, has struggled to make headway after being left with a long-term brain injury following a workplace accident in July 2019. Photo / Tessa Jaine, TopSouthMedia
Judge Ruth noted that Steven Sullivan was a first-time offender but told him much the same as he had William Sullivan, that the “overwhelming principle” at the heart of sentencing was deterrence.
“Not just of you but of others who might decide to undertake the lies and sustained lies that you told,” he told Steven Sullivan.
Judge Ruth contemplated whether home detention was a sentence suitable enough to serve the various purposes and principles and objects of sentencing.
He noted defence lawyer Paul Wicks’ suggestion that it would when accompanied by a fine of up to $40,000.
“He also refers to your previous good character and I have read all of the material about the works you have done in this community and others.
“The problem is that often the good that men do is easily forgotten.
“However, when they do something bad it lives on well beyond any memory of the good that they have also done.
“I am of the view that this is true in this case. Accordingly, if there is to be a discount for good previous works, then I am afraid it must be seriously diminished by your fall from grace if that is the correct term in this case.”
Judge Ruth nonetheless granted the same 25 per cent discount to the sentence as he had to William Sullivan.
He accepted home detention might have met the needs of sentencing sufficiently, but it was his view that it did not.
“I conclude that nothing short of a term of imprisonment is appropriate here.”
Lawyers acting for each of the Sullivans have confirmed that appeals against the sentences have been lodged.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
