Pike River charges could affect Royal Commission into tragedy

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Thu, 10 Nov 2011 10:30p.m.

The charges allege health and safety failure at Pike River (AAP)

The charges allege health and safety failure at Pike River (AAP)

By Laura Frykberg

The lawyer representing the families of the 29 men who died at Pike River says charges brought against three parties over the tragedy is a double-edged sword.

He says while the charges – which allege health and safety failure – are positive progress, it could affect the Royal Commission on the Pike River tragedy which resumes next week.

Twenty-five charges have been laid by the Department of Labour (DoL), against three parties alleging health and safety failures at Pike River Coal mine – the details of which are suppressed.

Greymouth’s Mayor Tony Kokshoorn is welcoming the charges but says who has been charged should be made public.

“There is a duty of care. Sadly, someone in the end has to be accountable for this explosion, otherwise how can we learn from it?”

Colin Smith is representing the families of the 29 men who died and says the charges are a positive step towards finally getting answers.

But until it is revealed exactly which parties have been charged and what they are charged with, there is a risk the Royal Commission could be affected.

“Prosecution may lead to a situation where parties prosecuted may decided they will no longer cooperate with the commission in terms of exercising their rights to silence,” he says.

The next phase of the Royal Commission starts next week, but charges had to be laid now because the DoL had a maximum of one year to investigate.

“The most important course is that we find out why this happened and get to the truth of what happened, so that at the end of the day the Government can legislate and changes can be made in terms of the industry,” says Mr Smith.

The DoL is trying to lift suppression orders because there is a high level of public interest in the case.

But in the mean time, it will only reveal that each charge carries a maximum penalty of up to $250,000 and a legal process is underway.

Mr Kokshoorn says he just hopes the families don’t have to wait much longer for answers.

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11 Nov 2011 06:45a.m.

Suspicious wrote:

So let me get this right? Are the lawyers acting for the families saying that the prosecution process is farcical in that it will never get down to the truth i.e. truth and justice are two different things?