CTV families claim prosecution decision based on incomplete information, urge Govt to reconsider

Wednesday, 11 April 2018

Time Elms, who lost his daughter in the CTV collapse, pleads for justice.

Family members of some of the victims of the Canterbury Television (CTV) building collapse are urging the Government to reconsider the decision not to press charges over the disaster.

The CTV Families Group claims a decisive Crown Law review of the police case, which influenced the ultimate decision not to prosecute, was based on incomplete information.

Maan Alkaisi, spokesman for the CTV Families Group, is concerned that the decision not to prosecute was wrong.

At a press conference on Wednesday, Tim Elms, whose daughter Teresa McLean was among the 115 people who died when the CTV building collapsed in the February 2011 earthquake, made a heartfelt plea:

'This was the last chance for some accountability and we have yet again been let down.

'To the powers that be, please, please listen to my plea. Do the right thing. You are our last chance. Those we lost deserve it. If you do not there's a very dangerous precedent being set. Let the people of this country hear the full story and decide through the justice system.'

**READ MORE:

The CTV Families Group is lobbying the Government to reconsider the Crown Law recommendation against prosecution.

* Police will not prosecute over CTV collapse

* CTV building tragedy timeline: How a prosecution became no prosecution

Group spokesman Maan Alkaisi says Crown Law swung the decision not to lay charges over the building collapse without knowing all the information in the case.

* Police should have 'held to their guns' over CTV building collapse prosecution – QC

* CTV tragedy investigation head: 'We didn't think we were ever going to get a conviction'**

Police announced in November that no charges would be laid against against David Harding, the engineer who designed the building, nor his boss Alan Reay, because of a lack of evidence. They engaged engineering experts who found the building's design was substandard and the faults contributed to its collapse, and initially favoured prosecution, but changed tack after Crown Law recommended against it.

Maan Alkaisi, whose wife Maysoon Abbas was among the victims, said that during a meeting with families in December to explain the decision, deputy solicitor-general Brendan Horsley 'did not appear to be aware of all the relevant facts' of the case.

Alkaisi said when Horsley was told that some of the design flaws were brought to Reay's attention during the consenting process in 1986 and that some, but not enough, remedial work was done to fix them in 1990, he reacted with surprise:

'Mr Horsley looked right to [police investigation head Detective Superintendent] Peter Read and left to [Christchurch Crown prosecutor] Mark Zarifeh, indicating that he did not know about these factors and stated that they had not told him about them. He said 'this could be used to press charges . . . for negligence'.

'It's simply outrageous that the person who essentially took the whole decision [to advise] the police to change their decision, was not aware of all the facts.'

The group delivered a letter to Attorney-General David Parker on Wednesday, requesting he invite the solicitor-general to reconsider the decision not to prosecute.

'The public importance of the decision means it would be appropriate for the Attorney-General to ensure that the decision-making process was and is robust,' Alkaisi said.

A spokeswoman said Crown Law needed to consider the claim before responding.

Police have been approached for comment.