Grieving mum still angry 18 months after navy diver's death

Tuesday, 22 September 2020

Zachary Yarwood and his mum Liz Yarwood.

It’s 18 months since 23-year-old Zachary Yarwood died following a night-time incident at the Devonport Naval Base.

His mother, Liz Yarwood, no longer works as a social worker, she’s deprived of sleep, and she worries about the safety of her family.

Her life changed forever the day she was called to Auckland in March 2019 where her navy diver son lay fighting for his life in ICU North Shore Hospital, his family, friends and fiancee by his bedside.

In his short career he had already gained three medals for his work overseas and good conduct.

The able diver and other sailors were diving in about six to eight metres of water when the incident occurred.

* New Zealand Defence Force charged over sailor death

* Navy sailor dies following diving incident at Devonport Naval Base

Navy Officers perform a haka at the Napier RSA following Zachary Yarwood's funeral.

Following his death Worksafe charged the New Zealand Defence Force (NZDF) with failing to ensure the safety of employees and, after pleading guilty at an earlier hearing, it will be sentenced on October 16.

The highest fine for that offence for an organisation is $1.5 million.

More than 1000 people attended Zachary’s funeral at Parish Cathedral in Napier, but his death has left his devoted family broken, overwhelmed with grief, but mainly filled with anger.

As a mother, Liz feels robbed, as do Zachary’s brothers, Max and Tom, she said.

When Worksafe contacted Liz to tell her the Defence Force would be charged with failing to ensure the safety of employees, she “completely broke down”, as she didn’t think it was good enough.

Zachary Yarwood died in March 2019 after a diving incident while doing NZDF training.

“They’re not charging the highest charges, as they said they can’t prove they were responsible for his death, which is absolute bulls***. I was mortified, I was like ‘what the hell is going on’,” Liz said.

The family had been provided with a copy of the Court of Inquiry and believed it “substantiated the highest charge”.

“After hours of research I was confident the highest charges should be brought, something now the rest of the family agree with,” she said.

As the matter was still before the courts, Worksafe was unable to provide any comment to Stuff.

Not only has the family suffered emotionally, but Zachary’s death had come at an ongoing financial loss.

“We flew to Auckland to hear the guilty plea, and that cost us $1000 for flights and accommodation. The Navy did eventually reimburse a portion of the cost of the flight and hotel for me, but not my partner. Under medical advice I’m not allowed to travel on my own.”

A few weeks ago, Chief of Navy Rear Admiral David Proctor flew to Napier to give Liz a formal apology.

“All the Navy talk about family, you’re part of that ‘massive Navy family’ and they put on that big memorial service at the base. Since then, they’ve done nothing, except keep us informed of their Court of Inquiry findings.”

From left, Max, Zachary and Thomas Yarwood, close brothers and known as the three amigos.

“Despite asking on numerous occasions for emotional support such as counselling for me and my boys, we’ve received nothing.”

“I’m angry and his brothers are angry. We’ve had no support and there’s five of us in this, me, his dad, his fiancee Emily and his two brothers.”

She’s finally sorted counselling for herself, but it comes at her own cost of $130 each time.

“I’ve begged them [the NZDF] for emotional assistance, just anything, counselling for me and my boys.”

Liz said NZDF had since offered the family financial reparation. She would not divulge the cost, but labelled it as “a joke”.

“The amount … is not only insulting but not in any way proportional to what the family continues to suffer.”

At the last court appearance Judge Ajit Swaran Singh ordered a restorative justice meeting between the family and the NZDF, something Liz was relieved by, as it “gave them a voice”.

An NZDF spokesperson said the Navy entered a plea of guilty to a charge under the Health and Safety at Work Act, which was an “acknowledgement of the failings on our part that led to the exposure of Able Diver Yarwood and his colleagues to the risk of serious injury or death during an exercise at Devonport Naval Base”.

“The RNZN has offered support to Able Diver Yarwood’s family since his death including the appointment of a family liaison officer and the provision of advice as to what counselling and other support is available.”

The spokesperson said the Navy family liaison officer remained fully engaged with the family.

A police investigation was ongoing and was working to establish the full circumstances of Zachary’s death.

“We appeal to anyone out there who may have knowledge that they believe may assist the investigation,” Rebecca Foote of the Waitemata East CIB,” previously said.

A police spokesperson said the Police Legal Section were reviewing the file and no decision had been made about further action.