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Inuvik judge issues $100,000 fine in Vinnicombe death

Territorial court Judge Garth E. Malakoe fined Allen Services & Contracting Ltd. $100,000 in relation to the 2016 workplace death of David Vinnicombe Tuesday, Feb. 20.

Jacqui Vinnicombe and Robbie Vinnicombe, the aunt and father of David Vinnecombe, who died in June last year in a heavy machinery accident in Inuvik, spoke to Inuvik town council last year. Stewart Burnett/NNSL photo

The $100,000 fine was a joint recommendation from the prosecution and defence in December 2017.

On June 28, 2016, Vinnicombe – a 19-year-old Australian working in Inuvik – was killed while operating a road packing machine.

The agreed statement of facts noted that Vinnicombe was not wearing a seatbelt and had not received any formal training for operating the machine, but he did have 150 hours of experience using the machine. There was no supervisor on site at the time of the accident.

In May 2017, the Workers' Safety and Compensation Commission filed nine charges under the NWT Safety Act against Allen Services Ltd. and supervisor Brian McCarthy Sr.

After Allen Services pleaded guilty to improperly supervising a worksite, the parties agreed to drop the other charges.

On Tuesday, Malakoe accepted the recommended fine and emphasized the importance of deterring Allen Services & Contracting Ltd. and similar businesses from committing similar offenses.

Malakoe said the $100,000 fine is reasonable given Allen Services & Contracting Ltd.'s annual revenue of $2.5 million.

Allen Services & Contracting Ltd. has no history of regulatory infractions, according to Malakoe, and was not taking chances for financial gain at the time of the accident.

Vinnicombe's parents, Renne and Robbie, attended the sentencing by video conference.