PHOTO
An arborist removing tree stumps in a residential street was grabbed by his shirt sleeve and pulled into the spinning blade of the machine he was using.
Kevin Barry, who only months earlier had started work as a groundsperson for an Auckland tree-maintenance firm, never had time to save himself.
The 69-year-old died in April last year from unsurvivable head injuries.
A coroner said in findings released today that Barry appeared to have got too close to the spinning cutter wheel in the large stump grinder he was operating.
The speed at which he was pulled into it meant he was unable to activate the emergency stop on the remote-control unit before being incapacitated.
A member of the public found him lying critically injured beside his vehicle.
The same witness used the emergency stop switch to turn off the machine.
Another member of the public called emergency services, which provided advanced supportive care to the critically injured Barry, who was taken to Whangārei Hospital.
In findings released today, Coroner Ian Telford said Barry's injuries were unsurvivable and he died in hospital on the evening of April 15 last year.
His daughter, Megan Barry, who shared his great passion for motorsport and speedway, told NZME her father was much more than the circumstances of his death.
She said on behalf of the family that while no report could bring him back, they were grateful the coronial inquest was over.
"The process has required us to revisit one of the most painful periods of our lives, and we are grateful that Kevin's story has been carefully heard and considered," she said in a statement.
As the family reflected on the findings, their focus remained on honouring his memory and the interests which brought him so much happiness.
He would always be remembered as a devoted family man, a loyal friend, and someone whose love of life, family, and motorsport brought people together, Megan Barry said.
"Motorsport was a significant part of his life, and Saturday nights at Western Springs Speedway were a treasured family tradition.
"The memories made there will always hold a special place in our hearts."
She still heard his voice in moments when faced with a challenge or difficult decision, especially in her role as course clerk at Lucas Oil Auckland Speedway.
"I often find myself asking, 'What would Dad do'?"
At other times, she could almost hear him saying one of his favourite phrases: "You bloody muppet".
"It was classic Kevin, delivered with humour, warmth, and usually a lesson not far behind.
"Those words still make us smile and remind us of the man we miss every day."
The family expressed their heartfelt thanks to everyone who had supported them.
"The compassion, understanding, and encouragement of our family, friends, and wider community have been invaluable and have helped sustain us through some of our most difficult days."
Accident a 'stark reminder'
Coroner Telford said the accident was a "stark reminder" that the dangers posed by the machine being used must never be underestimated.
Barry had travelled to Whangārei on the morning of April 14 last year.
He received training on the track stump grinder soon after starting the job and was assessed as competent to operate it.
The machine was controlled remotely and featured a rotating cutter wheel used to grind stumps.
Barry's employer said he knew the machine well and could troubleshoot and fix mechanical problems.
He described him as a smart, physically fit worker who was careful and safety-conscious.
No concerns identified
On arriving in Whangārei, Barry met a supervisor who reviewed the work and observed his operations.
No concerns were identified, Coroner Telford said.
The following morning, the supervisor carried out safety checks before Barry began removing two tree stumps on a grass berm.
He was wearing standard safety gear including a helmet, safety boots, hearing protection, face and visual protection and a long-sleeved, high-visibility top.
He had the remote-control unit around his neck.
Coroner Telford said consistent with his company's lone worker policy, Barry was carrying a mobile phone he used to send photos and work updates.
About 20 minutes after he last used his phone at 5pm, he was found by a passerby, lying critically injured on the ground.
A WorkSafe investigation found no breach of health and safety laws.
The machine and remote control unit were independently tested and found to be working as expected.
WorkSafe said in the absence of witnesses or CCTV, the scene photographs and Barry's injuries provided the best evidence to establish what occurred.
It concluded that after the stump grinding was finished, Barry raised the cutting arm so the cutter wheel was clear of the ground.
Contrary to the required operating procedure, the cutter wheel was not disengaged but remained spinning while the stump grinder was manoeuvred into
the position in which it was later found.
Coroner Telford said this placed the machine at an angle to the pavement edge and adjacent to Barry's vehicle and trailer, parked nearby on the roadside.
"For reasons unknown, possibly while attempting to pass between the stump grinder and the parked vehicle, Mr Barry approached the area of the spinning cutter wheel."
It placed him within the recognised danger zone, resulting in the fatal accident.
Coroner Telford said that while it was not possible to know precisely what happened, he accepted WorkSafe's theory as the most likely scenario.
He recommended WorkSafe emphasise that tree work carried a high risk of serious accidents and that stump grinders were hazardous machines requiring appropriate controls and specialist training.
"I am satisfied Mr Barry was acutely aware of these hazards and was a careful and safety-conscious operator who was regarded as highly competent.
"Nevertheless, this tragic accident is a reminder that, even in the hands of skilled operators, the risks associated with this machinery remain significant and ever-present."
