Ten months home detention for Deepak Yogesh Lal after forging safety compliance certificates was confirmed by the High Court.
In December 2017, new regulations governing handling of hazardous substances came into effect. Employees working in the industry were required to complete specified education courses, obtaining compliance certificates. Lal had not completed equivalent courses when the new rules became operative. The High Court was told Lal did not undertake the required new qualification, instead forging a completion certification using a fellow employee’s certificate as a template. When told this was at a lower level to the course he was required to complete, Lal then forged another completion certificate using yet another employee’s valid certificate. Evidence was given that the forgery was so good that Worksafe New Zealand initially thought the forged certificate was valid.
When a Worksafe investigation uncovered the true picture, Lal was charged with using forged documents to obtain a pecuniary advantage; getting paid employment at a higher rate was the pecuniary advantage.
Appealing his sentence, Lal said the offending was not that serious. Justice Jagose said the intent was to avoid health and safety objectives. The behaviour was flagrantly dishonest. Home detention was confirmed. The Sentencing Act allows individuals on home detention to seek day release, enabling them to continue in employment.
Lal v. Worksafe New Zealand – High Court (16.12.19)
20.014