Queensland’s first industrial manslaughter case has been thrown out. 

A magistrate has ruled that an industrial manslaughter case against one of Australia's largest sugar milling companies, MSF Sugar, will not proceed to trial. 

The case followed the death of employee Brett Quinn, who was electrocuted while working on a crane that came into contact with overhead power lines in Far North Queensland in July 2019.

The prosecution claimed that MSF Sugar was negligent in failing to implement various control measures at the work site, including temporarily disconnecting the powerlines, fencing or delineating a defined work area, and installing warning sensors or limiting devices to prevent the crane from moving into contact with the powerlines. 

However, the court heard that Quinn, a supervisor at the site, had deviated from the established safe work method and had directed the crane driver to take the machinery too close to the powerlines. 

MSF Sugar was represented in court by barrister Richard Perry KC, who argued that there was not enough evidence for the company to be committed to stand trial. 

In discharging MSF Sugar, Magistrate Kevin Priestly said the evidence presented to the court suggested that the decision to deviate from the job site's established safe work method was “entirely” Mr Quinn's. 

“It's so substantial a deviation from what was the safe work method, it seems to me a jury properly instructed could not convict on that evidence,” said Priestly.

The prosecution of MSF Sugar began in September 2021 and was the first time industrial manslaughter charges under Queensland's electrical safety laws had been laid since the offence was introduced in 2017. 

The Electrical Trades Union's organiser in Far North Queensland, Robert Hill, said the outcome would not bring closure to the tight-knit community. 

“Everyone was deeply saddened and very affected by it,” he said. 

MSF Sugar will return to court next month on a different charge of failing to comply with an electrical safety duty.