Affco sentence appealed

The $30,000 fine and $25,000 reparations imposed on meat processor Affco after a Te Puke employee was impaled by a hook didn't reflect the serious harm caused to the victim, according to WorkSafe.

The hook was forced through Jason Matahiki's skull and came out beneath his eyes.

After a judge alone trial last year, Judge Peter Rollo found Affco guilty of failing to take all practical steps to ensure Mr Matahiki was not harmed at his place of employment.

But WorkSafe has appealed the sentence in the Tauranga High Court, claiming the fine and reparation was manifestly inadequate.

Worksafe says Judge Rollo erred when he fixed a $40,000 starting point when assessing the fine.

It says the starting point should have been $80,000 to $90,000 given the company's culpability, its previous relevant convictions and when looking at other similar serious injury prosecution cases.

Affco claims the process of setting reparation was not an exact science and that Judge Rollo had visited the site and heard all the evidence before imposing an 'adequate” sentence. It called for the appeal to be rejected.

Jason Matahiki underwent rehabilitation and returned to work on light duties four months after the incident. He has ongoing headaches and pain.

The decision in the Tauranga High Court has been reserved.

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