A West Auckland building site where a first-time security guard was bludgeoned to death had several break-ins before the killing.
Charanpreet Singh Dhaliwal, 21, died of blunt force head trauma after being assaulted in the early hours of November 18, 2011, at the Fulton Hogan work site at 2 Selwyn Rd, Henderson.
Dhaliwal was working his first shift for security company CNE Security which has since been charged under Health and Safety laws with not taking all practicable steps to ensure his safety.
The company is appearing in the Waitakere District Court today to defend the charge before Judge Lisa Tremewan.
A 27-year-old man has been charged over the death and is awaiting trial for murder though the issue today is whether steps where taken to ensure safety, regardless of the outcome.
Prosecutor Karena England, for the Ministry of Business, Innovation and Employment, said CNE had failed to ensure Dhaliwal was trained and inducted into the site properly.
It had also allegedly failed to provide routine welfare checks despite the Fulton Hogan site having been broken into in the past.
CNE defence lawyer Gary Pollak said the case was unusual in that it was taking place before the murder trial had decided the facts of the death.
He said he had not been able to find a similar case where a security guard had been murdered while at work and as such it was a "freakish and unexpected event" that was not contemplated by the employer.
Pollak said there was an alarm system on-site and Dhaliwal was given a mobile phone to contact a mobile CNE unit.
The site at the time was nothing but a gravel yard and Dhaliwal was only supposed to be there and "maintain a presence".
Welfare checks were not instituted because it was deemed a "very low risk site" and Dhaliwal was not on a very long shift, he said.
The defended hearing is set down for two days and will hear evidence from two former CNE employees and the executive officer of the NZ Security Association.
The defence will call CNE owner and operator Cherag Elavia.
- © Fairfax NZ News
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