More negligence charges dropped in NZ volcano trial
Rex Martinich |
A judge has dismissed charges against two of the three tourism agencies accused of negligence in the lead-up to the New Zealand volcanic eruption that killed 14 Australians.
Three tourism businesses and the three owners of Whakaari, also known as White Island, had originally gone on trial in July over alleged workplace health and safety breaches.
The volcano, located on the island off New Zealand’s north coast, erupted on December 9, 2019 killing 22 tourists and tour guides.
Clouds of boiling steam and ash also left 25 people injured with many of those suffering extensive and severe burns.
On Tuesday two of the six original defendants, ID Tours New Zealand and Tauranga Tourism Services, successfully applied in Auckland District Court to dismiss charges against them.
Both operators were accused of not co-operating with the other companies in the supply chain to obtain safety information and ensure it reached cruise ship passengers.
Judge Evangelos Thomas said the tourism agencies named multiple grounds for the motions to dismiss charges and the common element to both was whether they had a duty of care to customers of other companies.
“Neither TT nor ID Tours had workers on Whakaari, it was never their workplace, they did not influence or direct tour operators in the carrying out of their work,” Judge Thomas said.
Worksafe NZ prosecutors had opposed the motions to dismiss charges.
“Worksafe alleges that both ID Tours and Tauranga Tourism breached a duty to tourists visiting Whakaari under the Health and Safety at Work Act,” Judge Thomas said.
The trial previously heard evidence from Australian survivors of the eruption who said they had been left with life-changing injuries and were never warned of any serious dangers before arriving on the island.
Jesse Langford, from Sydney, told NZ police in a video interview played to the court it “still bothers” him that he had to leave his badly injured parents and missing sister in an attempt to find help after their group was hit by ash while descending the volcano.
Mr Langford, aged 19 at the time, was put in an eight-day coma and woke up back in Australia to the news that all three family members had died.
The court heard ID Tours and Tauranga Tourism were part of a purchasing system and supply chain for Royal Caribbean cruise ship passengers buying day trips to the island.
Judge Thomas found that prosecuting the two agencies would go against the wording and intention of New Zealand’s workplace safety legislation.
The decision leaves just one defendant remaining in the trial, Whakaari Management Limited, which is run by the owners of the island, Andrew, James and Peter Buttle.
The three Buttles last week successfully applied to dismiss charges laid against them as individuals.
AAP
