Whakaari/White Island eruption plea - Let justice be done in Whakatāne
Thursday, 3 June 2021
The Whakaari/White Island eruption “left an eternal imprint” on the Whakatāne community, and Whakatāne is where those charged in the wake of the tragedy should face justice.
That’s the view of one of the police officers who helped transport wounded survivors from boats in the wake of the December 9, 2019, eruption that took place when 47 people were on the island.
It left 22 dead and the remaining survivors with severe or critical injuries.
The view of the unnamed officer was shared at Whakatāne District Court on Thursday by Roger Gowing, a lawyer appointed by the court to canvass the community ahead of any possible trial.
**READ MORE:
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**
The three individuals and nine of the companies facing WorkSafe charges in the wake of the Whakaari eruption argued no pleas should be entered.
Just one plea was entered by notice on behalf of the National Emergency Management Agency of not guilty.
But it was the issue of where justice should be done that dominated a small district courtroom holding the opening act of the largest workplace safety prosecution in the nation’s history.
Judge Evangelos Thomas told a packed court that Gowing had contacted 65 victims and their families to see whether they had a preference for where future legal proceedings, including a possible trial, should take place.
”The overwhelming feeling from victims is they do want access to the trial. Those from the Whakatāne area wish to attend in person,” he said.
“Those that represent the Whakatāne interests, I would highlight one of the comments from a police officer, this tragedy occurred here in Whakatāne, and court proceedings should be heard here.”
He said he had sought views from victims, iwi, council, and emergency service personnel, “particularly the burns units, right down to Christchurch”.
Gowing said the unnamed officer told him “it is a Whakatāne matter that has left an eternal imprint on this community. . . a very personal experience for those involved.”
Gowing also said that while remote access via audio visual link was possible, it could be unfair to people living in areas with poor internet connection.
He said some Australian victims had expressed a preference for Auckland, but for the remaining overseas parties the venue “didn’t matter to them”.
”The overwhelming information that has come back to me is access to the trial is the most important thing,” he said.
The sole voice in court opposing Whakatāne as the venue for ongoing proceedings was David Neutze, lawyer for Whakaari owners Andrew, James and Peter Buttle, Whakaari Management Ltd and ID Tours New Zealand, citing the fact the Buttles reside in Auckland.
Judge Thomas said the Buttles, as the only individuals to face charges, “represent the human face of the defendants” but also noted they are innocent “until anyone proves otherwise”.
He said it proved hard to try and balance all the competing arguments, and that “some have said for the healing of others it shouldn’t be in the community”.
However, he ruled that the next appearance should take place at Whakatāne District Court, set for September 13, but also said future venue changes could still happen.
Just one plea was entered by notice on behalf of the National Emergency Management Agency to the charges filed by WorkSafe of not guilty.
Richard Raymond QC, lawyer for White Island Tours, told Judge Thomas it would “simply not be conducive to justice” for his client to make a plea as they were still awaiting disclosure of documents.
He said the defence had received 3000 documents so far, “only half the story”.
He said a team of six to eight lawyers had taken three months to review the disclosure that had been submitted so far.
He said the case was “the most extensive and complex investigation undertaken by WorkSafe”.
WorkSafe prosecutor Kristy McDonald, however, said it was “surprising to the prosecution that the defendants continue to delay affirming their positions”.
“Our position is that the pleas should be entered now,” she said.
“There is significant public interest in this matter, and that victim interest must be in the matter progressing.”
Some of the charges date back to April 4, 2016, and most relate to individuals and companies in their capacity as a person conducting a business or undertaking.
Fourteen of the charges have a maximum penalty of $1.5 million in fines.
Details of the charges were spelt out across 19 pages of charging documents.
Whakaari owners Andrew, James and Peter Buttle and Whakaari Management Ltd, the Institute of Geological and Nuclear Sciences, the National Emergency Management Agency, White Island Tours, Volcanic Air Safaris, Aerius Ltd, Kahu NZ, Inflite Charters, ID Tours New Zealand and Tauranga Tourism Services were all charged after WorkSafe filed a total of 20 charges.
The Buttles are alleged to have failed with due diligence duties, including failure to acquire and keep updated knowledge of work health and safety matters and failure to gain adequate understanding of the hazards and risks associated with access to Whakaari.
Their company, Whakaari Management Ltd, is also alleged to have failed its duty to workers and tourists, including ensuring “an adequate means of evacuation from Whakaari”.
The Institute of Geological and Nuclear Sciences is alleged to have failed to ensure the safety of pilots travelling to and remaining on the island.