Security company rejects accusations
The Henderson building site where a first-time security guard was bludgeoned to death had several break-ins before the killing.
Charanpreet Singh Dhaliwal, 21, died after being hit on the head early on November 18, 2011, at the Fulton Hogan work site at 2 Selwyn Rd.
Mr Dhaliwal was working his first shift for CNE Security which has been charged under Health and Safety laws with not taking all practicable steps to ensure his safety.
The company appeared in the Waitakere District Court this week to defend the charge before Judge Lisa Tremewan.
A 27-year-old man has been charged with murder and is awaiting trial.
Regardless of the outcome of the murder trial the company is defending against the claim that it failed to ensure Mr Dhaliwal's safety.
Prosecutor Karena England, for the Ministry of Business, Innovation and Employment, said CNE had failed to ensure Mr Dhaliwal was trained and inducted into the site properly.
Ms England also said the company 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 says 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.
Mr Pollak said there was an alarm system on-site and Mr Dhaliwal was given a mobile phone to contact a mobile CNE unit.
The site at the time was nothing but a gravel yard and Mr 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 Mr Dhaliwal was not on a very long shift, he said.
CNE owner and operator Cherag Elavia rejected suggestions he should have provided Dhaliwal with a walkie-talkie because they were not as good as the mobile phone he had.
Judge Tremewan reserved her decision until March 19.