necessary safety equipment on the crane that rolled over and crushed operator Teddy Sewell at Bull's Head car park in November, 1995.

In handing down his decision Magistrate Arthur Hodgson ruled he had no hesitation in deciding Sea-Land failed to provide a device -- such as a simple carpenter's level -- which would have indicated whether Mr. Sewell's crane was level when he attempted his fatal lift.

"Sea-Land had allowed a practice to develop in its company...The practice was so notorious that the site supervisor, simply looked on or even participated in this dangerous practice,'' wrote Mr. Hodgson.

He fined the company $5,000 and added: "I would like assistance in dealing with the question of imprisonment in the case where the Defendant is a limited liability company.'' Sea-Land and its site supervisor, Mr. Peter Vosvenieks, originally faced six charges laid under the Health and Safety at Work Act, 1982, in connection with Mr. Sewell's death.

The Crown, represented by counsel Philip Storr, alleged not only did Sea-Land fail to provide for essential safety equipment, they also failed to have the crane certified in the 12 months prior to the accident and allowed the crane to be run by an unsafe operator.

Mr. Vosvenieks was charged with failing to ensure the crane's outriggers were fully extended, the proper safety materials were not at hand, and the crane's lifting boom was at its optimum length and angle.

All charges against Mr. Vosvenieks were dropped on the last day of the trial while two of the charges against Sea-Land met the same fate.