New evidence could end the prosecution of a maintenance company over the death of construction worker Ben Catanzariti.
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Lawyers for Schwing Australia told the ACT Industrial Court on Friday that the tests had revealed bolts that allegedly caused the accident had been faulty due to the manufacturing process.
The finding provides an alternative hypothesis for what caused the collapse of the concrete boom that killed Mr Catanzariti in Kingston in July 2012.
Prosecutor Sara Gul requested and was granted an adjournment so the prosecution could organise its own metallurgical tests to verify the findings.
Mr Catanzariti was working on the Dockside development when a 39-metre boom from a concrete-pouring machine collapsed, and hit and killed him.
The boom had been inspected shortly beforehand.
A WorkSafe ACT investigation resulted in criminal charges against maintenance company Schwing Australia and NSW engineer Phillip James O'Rourke.
The charges are among the most serious of their type to be laid under nationally harmonised occupational safety laws.
Schwing Australia faces a maximum penalty of $3 million, and Mr O'Rourke faces a fine of up to $300,000 and a maximum of five years' jail.
Both the company and Mr O'Rourke have pleaded not guilty.
The matter had been scheduled for a two-week hearing starting on Monday, but the trial was abandoned so the new evidence could be investigated.
Ms Gul told the court the delay could have been entirely avoidable and had been caused by the defence.
The prosecution said the prospect of testing the bolts had been raised in November, extra bolts were provided in February, and permission was granted to conduct destructive testing in July.
The court heard that the test results had only been reported on Thursday and provided to the prosecution.
The application for an adjournment was then brought before industrial magistrate Lorraine Walker as a matter of urgency on Friday.
Ms Gul requested an order against the defence to cover the prosecutions costs to abandon the trial date.
Schwing Australia's defence team opposed the cost application, saying it had also been ready to proceed on Monday and defend the charges on a conflict in the evidence.
He told the court the charges could be dismissed if the test results were accepted by the prosecution.
Ms Walker vacated the hearing date and ordered experts to meet to determine which material they agree on and which they dispute.
The magistrate ordered the defence to pay the prosecution costs.
The matter will return to court for mention in November.
