The crane that Sea-Land Construction Ltd. worker Teddy Sewell died in was originally fitted with a piece of equipment that could have prevented the tragedy, it was revealed in Magistrates' Court yesterday.

But a levelling device, originally attached to the crane's console, was not on-board when he set up the crane to attempt a lift at Bull's Head car park in November, 1995.

While attempting to lift a container filled with construction materials off a flatbed truck, the crane tipped. Mr. Sewell was trapped and crushed against the flatbed truck.

The circumstances surrounding the removal of the levelling device will likely remain a mystery.

Levelling the crane, either with an onboard device or a carpenter's level, is integral to a safe lift, the court was told.

In connection with the death of Mr. Sewell, the Crown has brought three charges against Sea-Land -- the company's president Andrew Cooper attended yesterday's first day of proceedings -- and three charges against Sea-land site foreman Peter Vosvenieks.

Rudy Sewell, a Crown witness and brother of the deceased, told the Court that the crane originally had a levelling device inside the cab.

He said the device was on the crane when it was brought to Bermuda several years ago by the Bermuda Electric Light Company.

Mr. Sewell, employed as a crane and heavy equipment operator with Sea-Land, told the court that the crane had the levelling device fitted to the console of the cab when he went with a foreman to pick it up at the dock and helped bring the crane back to Belco.

"What happened to it (the levelling device),'' Sea-Land lawyer Jai Pachai asked Mr. Sewell. Mr. Sewell responded he did not know.

Sea-Land, also represented by Duncan Hall, has been charged with failing to provide the necessary equipment to the crane operator to level the crane, not having the crane inspected in the 12 months prior to the accident and allowing the crane to be run by an operator who was not trained or competent.

Mr. Pachai said that it was his understanding that when the crane was brought to the Island it did not have a levelling device on board -- a point conceded by Crown counsel Phillip Storr.

Mr. Vosvenieks, represented by Mark Diel, is charged with failing to ensure that the crane's stabilisers were fully extended, failing to ensure that the crane had levelling equipment and failing to ensure that the crane was being operated with its lifting boom at optimum length and optimum angle.

The charges come under the Health and Safety at Work Act 1982.

Last month, Coroner Edward King recorded a verdict of death by misadventure in connection with Mr. Sewell's death. Among Mr. King's conclusions was that the crane was not level.

Mr. Storr said that the crane's manual requires that lifts be carried out while the machine is level.

The case continues today before Magistrate Arthur Hodgson.