Family members of two men killed in a trench collapse at a Delacombe housing estate in 2018 say a lack of support and 'disrespect' shown by Pipecon during the past three years exacerbated their trauma.
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Loved ones of victims Charlie Howkins, 34, and Jack Brownlee, 21, cried as they read their victim impact statements, sharing their immense pain and suffering, at the County Court in Ballarat on Tuesday.
Civil construction company Pipecon pleaded guilty to failing to provide supervision that was necessary to allow employees to perform their work safely and without risks to health.
I have never felt so helpless before in my life.
- Dave Brownlee, Jack Brownlee's father
Mr Brownlee's father Dave Brownlee described the nightmare of finding out his son was trapped in a trench on the worksite and then being blocked from being with him while he was dug out and flown to hospital.
"I have never felt so helpless before in my life," he said.
He drove to hospital to pick up his wife who was suffering from migraines and home to get his son Mitchell before driving to the Melbourne hospital.
Family friend Kelly Dubberley said he heard of the news and drove to the hospital from Geelong, to help provide updates to the family.
"We got an update from our friend Kelly, who broke the news to us we should get there as quickly as possible as he was referred to as the sickest kid in the state and was fighting for his life," Dave Brownlee said.
"We were initially told he old had lower body injuries, so to hear our son was in this state was indescribable.
"When we arrived at the hospital we were taken into a private area and had a meeting with the medical team. They were going back into surgery to try to stop Jack losing blood.
"I was so angry that a kid who had worked for Pipecon for only eight weeks was in this situation.
"After two more operations and 60 litres of blood later, Jack could fight no more. On the morning of the 22nd I wanted to swap places with my boy. I would have given anything to do this and let him live his life."
Mr Dubberley said he was tasked with telling the news to 30 of Mr Brownlee's friends that had gathered at the hospital.
Dave Brownlee described his son Jacky boy as 'one out of the box', who had so much love for his family and friends and was 'one of those guys everyone loved to be around'.
"He made people smile in his presence, he always had a bad joke and made people feel better about being themselves," he said.
"This is no more emphasised than the 1000 people who came to pay respect to Jack at his funeral.
"I cannot forgive Pipecon for wrecking our life and the disrespect they have shown us.
"They have left two broken families. We have not received any form of apology from Pipecon."
Dave Brownlee said he had to resign from his long-term, high-risk, well-paying job in the mines after his son's death as he was considered a safety risk and he was now medicated for health issues caused by grief.
Mr Brownlee's brother Mitchell has moved away from Ballarat to Queensland, in an attempt to 'keep going' after the death of his brother and best friend.
"I can no longer live in the town I grew up in... too many memories... too many triggers and reminders," his statement said.
"It is hard feeling like you have abandoned your family in the hardest times we have ever faced, all in the face of self preservation.
"I had to leave so I didn't get caught up in a whirlwind of adjourned court cases, bureaucracy and jargon when I have deep feeling to do and I have a life to live."
Mr Brownlee's mother Janine Brownlee said her heart ached every day, 'like a corkscrew that is inserted in me and it can twist at any given moment when I think of a memory, a song, a thought, a smell'.
You feel guilty if you smile or laugh.
- Janine Brownlee, Jack Brownlee's mother
Mrs Brownlee said the family home was always filled with laughter and jokes and the four had an 'unbreakable bond', but now nothing seemed the same.
"The first few days after Jack passed I was in shock. I simply couldn't believe what had happened. It felt like he was on a holiday and I was just waiting for him to come in the door," she said.
"You feel guilty if you smile or you laugh. You think it should be your son, not you."
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Mrs Brownlee said she was angry their family was not notified on the day of the incident.
"Jack was in that trench for five hours with paramedics and emergency services working to get him out but we didn't know our son was suffering," she said.
"My baby's last hours play on my mind every single night. I wish I could have been there to hold his hand.
"Jack was denied that right to have family with him. He would have been so scared.
"We have received no support from the company at all. Their behaviour has been disappointing throughout the whole process.
"The company seems to have more say than the victim's families. The system needs to be changed."
Mr Howkins' wife Dr Lana Cormie said she pushes her painful feelings down every day and puts on a mask to survive for her children who were aged 18-months and three at the time of her husband's death.
She described the day of March 21, 2018 when she found out there had been an incident on a worksite nearby and started to panic when Mr Howkins did not answer her eight phone calls.
She collapsed on the road after a police officer said her husband was dead. Dr Cormie later had to pick up her children from day care and the next morning tell them the news.
Dr Cormie expressed her rage at Pipecon director Andrew Maher who did not call her on the day of the incident until 5pm, after pressure from her mother.
"This failure to notify us, in my opinion, is inexcusable, is insulating and it shows zero respect for Charlie, Jack and our families. There was no care for us there and there hasn't been ever since," she said.
Our son George's full sentence was 'when daddy come back?'. He was 16- months-old.
- Lana Cormie, Charlie Howkins' wife
Dr Cormie said her children were confused and struggled to understand when told about their father's death.
"I told them their dad had died and he is not coming back. That he was an angel now," she said.
"Sophie asked if angels had hands. I told them no, daddy's body had died. She said she better open the back door for him then. She went outside and looked for him on the roof.
"It took them many months. Our son George's full sentence was 'when daddy come back?'. He was 16- months-old.
"Many nights of screaming followed. She screamed and wailed for him to return.... One night she screamed for four hours and there was nothing I could do to ease her pain, her broken heart."
The children shared their struggles in their own victim impact statement, a slideshow of photos with narration that said 'you know I will always miss you and you will always be my favourite dad'.
Mr Howkins grew up in rural Queensland on a cattle property, the youngest of four boys.
He was described as a 'kind and gentle soul', 'conscientious' and a 'quiet achiever'.
Dr Cormie said Mr Howkins was planning to start his own building business but worked with Pipecon for financial security while their children were young.
Two years before his death, the couple had purchased their 'forever home', a run down farmhouse on a hill, they were looking forward to working on.
"Pipecon killed our Charlie and with him they took away our future, our health, our financial security, our zest and joy for life, our hopes and dreams," Dr Cormie said.
"It is even harder to take knowing had Pipecon abided by the law, this never would have happened.
"Charlie and Jack went to work trusting they would get home alive, trusting their workplace was safe.
"It is a basic human right to come home at the end of a days work. Charlie and Jack were denied that basic human right."
Mr Howkins' mother Helen shared her devastation at her son's death.
"When I returned home... I asked the same question all our Queensland friends were asking: how on earth could this happen in 2018?," she wrote in her statement.
"Where was workplace health and safety? Why weren't they doing their job?"
Mr Howkins' brother Reg said his best mate was a man of 'high calibre' in the workforce, 'bringing plenty of skills, ability, loyalty, energy and a big load of pride to any work he was doing'.
Bruce Howkins said he would remember his brother for his great attitude and enthusiasm for whatever he put his mind to.
"He was a great family man, a great father and a top mate. He was one of the good kind," he said in his statement.
The court hearing will continue on Tuesday when defence and prosecution will make submissions on sentencing.