Statement regarding WorkSafe Victoria withdrawing all charges against Altus

The 9th of November is a day that the people in our business will never forget. It was the day that Shaun Killmartin suffered life altering injuries and the day his colleague and loving family man, Timmy Rakei, didn’t make it home.

Hall Road in Carrum Downs is a typical urban road, the kind of environment that many businesses and people all over the country work in thousands of times each week. However it is now a place that will be forever etched in the memories of those closest to Timmy and Shaun along with much of the Victorian public.

Just before 7am on that day, Jason Ruscoe drove into both Timmy and Shaun, changing many lives forever. Not only was he speeding at more than twice the posted speed at the moment of collision, but was also heavily distracted and lacking in alertness. The circumstances surrounding his behaviour after hitting both men received much media attention and was nothing short of disgraceful. Earlier this year, Jason Ruscoe plead guilty to various charges in relation to the incident, including dangerous driving occasioning death. He was sentenced to 16 years in prison for his actions.

Timmy’s family and his colleagues have suffered immeasurable grief since his passing. Timmy was an incredible man - a leader in his community and his workplace. The strength that has been shown by those closest to Timmy has been inspiring to witness. His partner Tania is one of the most amazing women I have ever encountered, and her strength and courage has been an inspiration to me as not only as a leader, but as a father to my three young children. Timmy’s beautiful daughter is a beacon of light that the world is a better place for. She has brightened my life and I am happy that I have come to know her and be able to support the family.

Timmy’s colleagues have been incredible. The authentic and genuine support that they have shown to each other and Timmy’s family is an example of this organisation and the people within it at their finest. The levels of love and support shown for these people have been among those actions I am most proud of in my 13 years in this business. I’d like to thank everyone for the hundreds of messages of support for each of the family and Timmy’s colleagues over the last few years.

Shortly after the sentencing of Jason Ruscoe and two years to the day of Timmy’s passing, WorkSafe Victoria issued two charges against Altus in relation to what occurred. These included a Safe System of Work and a Training related charge. We respect the role of the regulators across the country, with these organisations playing a critical role in keeping people safe in high-risk work environments across a wide variety of industries. It was our firmly held view, and a view supported by our peers and customers in industry, that Timmy’s death was as a direct result of the careless and reckless actions of Jason Ruscoe, actions that he plead guilty to and received a substantial sentence for.

On the 31st July 2024, all charges against Altus were formally withdrawn by WorkSafe Victoria. This decision followed a number of discussions with WorkSafe Victoria about the specifics of the incident. We are thankful for this result, but above all else we are thankful for the people both inside and outside of our business that have supported the family of Timmy and helped Shaun through his rehabilitation – right from the day this happened through till now. We are hopeful, that following the withdrawal of the charges against Altus and the substantial sentence handed to Jason Ruscoe that the family and colleagues of Timmy can move towards some closure. Nothing will ever bring Timmy back, but his legacy and the incredible impact he has had on so many people will always be cherished.

Working in and around our roads is a high-risk activity, and this incident is an example of how quickly lives can be changed. What occurred in a mere 2.5 seconds out of 4 million hours worked that year changed so many lives forever. As service providers in this sector, we must all pursue the highest levels of safety standards for our people, customers and the communities we serve and we must do so in an uncompromising fashion.

I’d again like to thank all of the people and organisations that have supported us since Timmy’s passing, but above all else thank everyone for the support that has been shown towards Timmy’s family.

I’ll finish with a quote from one of Timmy’s closest colleagues; “Timmy was the best of all of us, and we just miss him dearly”.

Stay safe out there and look after each other, always and without compromise.

Ben Marsonet
Altus Group CEO