This was published 7 months ago
‘Avoidable tragedy’: Gym operator fined after climber’s fatal fall
Family members have spoken of their heartbreak following a long-running investigation into the death of an experienced rock climber at one of Sydney’s largest indoor climbing facilities.
Andreas Stephano Progulakis Araya was scaling a 12.5-metre wall at Sydney Indoor Climbing Gym in 2021 when the lanyard strap supporting his weight snapped. He fell to the floor and died from his injuries.
A SafeWork NSW probe into the death culminated last week and the operator of the St Peters gym was fined $375,000 for health and safety breaches by the NSW District Court.
SafeWork took the case to court after an inspection of an autobelay climbing device that Araya was using observed it to not have fully closed as designed, and showed the device had been displaying wear.
The court heard the device, which had been provided by the facility, had also been subject to “previous issues” relating to its functionality and that it had not undergone required servicing in the year before the fatal fall.
Despite the centre displaying warning signs to alert climbers to the potential dangers of the device, the court heard there was a lack of training, instruction or information about maintenance provided to staff, and that systems were not in place to ensure that the autobelays were subject to regular inspections.
Slan Lawyers managing director Christopher Slan, who acted on behalf of Araya’s partner, told the Sydney Morning Herald the incident was an “avoidable tragedy”.
“Measures to reduce the risk to climbers were readily available but were not taken, and the family and friends of Mr Araya will forever have to live with the catastrophic consequences of those failures,” he said.
In a victim impact statement to the court, Araya’s partner spoke of her heartbreak after the incident, recalling how her “whole world imploded and has been in a state of disarray since”.
Araya’s mother said the death of her son, who had attended the climbing gym about 150 times, changed her family’s life forever.
“Losing a child is your worst nightmare; we are going through the unimaginable, the biggest hardship you could ever deal with as a parent and family,” she told the court.
“You never think something like this would ever happen to you, to us.
“The life we once thought we would have, so beautiful and blessed with an amazing future, was now never going to be.”
Crestville, which operates the facility, told the court that after the incident it had permanently removed all autobelay systems from the centre and that it had undertaken a review of its inspection and maintenance procedures.
As a result of the incident, a new inspection and maintenance policy was also developed to document procedures, including daily inspections and external annual testing, it said.
In a statement to this masthead, a spokesman for Crestville said the company “acknowledges and accepts the District Court’s judgment”.
“First and foremost, our thoughts remain with the family and loved ones affected by this heartbreaking event,” he said.
“Safety is Crestville’s highest priority. Just as it did throughout the proceedings, Crestville recognises its failings in this matter, and remains committed to upholding the most stringent industry standards to ensure the wellbeing of every participant at the gym.
“We appreciate the ongoing support of our community and remain dedicated to providing a safe environment for all.”
District Court Judge Wendy Strathdee said Crestville and its directors, Michael Garben and Simon Stevens, had each expressed remorse and responsibility for the incident.
Crestville was fined $375,000 (reduced from $500,000 to account for its early guilty plea in 2024). Stevens and Garben were each fined $125,000 (a reduction from $150,000 accounting for their early guilty pleas).
Strathdee said the fines took into account the “serious risk” to people associated with Crestville’s “myriad failures and the consequences that flowed”, and would also act as deterrence.
“The offence was a very serious one,” she said in her ruling.
“Measures to reduce that risk were readily available but were not taken [and] the consequences of those deficiencies were, ultimately, catastrophic.”
Araya’s death occurred just days after the gym reopened following the end of NSW COVID-19 lockdown restrictions in 2021.
The facility, one of the largest climbing gyms in Sydney, has been operating since 1993.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.