Charge laid over swim tragedy
Ports of Auckland to face court over death of swimmer who lost leg in harbour.
Charges have been laid against Ports of Auckland Ltd and one of its staff after the death of ocean swimmer Leslie Gelberger.
Gelberger died on April 20 last year after going for a swim on Auckland’s North Shore. A passing ferry found his body, missing a leg, about 4pm the next day, floating off Mairangi Bay.
The husband, father, teacher and keen ocean swimmer was believed to have been hit by a boat.
Ports of Auckland had previously confirmed it was being investigated, after it was thought one of its pilot boats had been involved.
Maritime NZ has now charged the company with failure to comply with a duty that exposes an individual to a risk of serious injury, serious illness or death.
It would not release the name of the Ports of Auckland staff member who was charged.
Maritime NZ took over the investigation earlier this year after police said there was insufficient evidence to lay criminal charges.
A Ports of Auckland spokesperson said the company was evaluating the charge prior to entering a plea.
“As the case is before the court, we are not able to make any further comment.”
The company is due to appear in Auckland District Court on July 17.
Gelberger, originally from Canada, moved to New Zealand about three years before his death.
He was married to Laura McLeod, was father of two boys, Silas and Linus, and had been a maths teacher at Westlake Girls High School since the beginning of last year.
McLeod did not want to talk to the Herald on Sunday about the charges, but previously described her husband as her “best friend, the best father to my boys and the most amazing, kindest, positive and adventurous person I have ever known”.
Westlake Girls High School associate principal Julie Saikkonen said Gelberger was remembered “fondly as a member of our staff and school community”.
“In his short time at Westlake Girls he was a positive influence whose company we all enjoyed,” she said.
“His infectious enthusiasm and dedication to stimulating science teaching is sadly missed.”
In September a Canadian maple tree was planted on the school grounds, as a “lasting memory of his short but valuable contribution to our school”.
Ocean Swim Series director Scott Rice said there were precautions swimmers could take when swimming in open water.
“What you should do, as best practice, is let someone know where you are going to swim, how long you think you will be, and when you will be back.
“Second thing would be if you can swim with a buddy, it is always helpful.”
Shortly after the tragedy last year, Ports of Auckland chief executive Tony Gibson said he was “extremely upset that one of our pilot boats may have been involved in the death of a swimmer”.
“I understand the pain this will have caused and I offer the family and friends of the swimmer my deepest sympathies for their tragic loss.”