Ministry convicted over office shooting

The Ministry of Social Development has been convicted of having an unsafe office in Ashburton, where its staff were not protected from violent clients.

Chief District Court judge Janmarie Doogue said yesterday that, had she been able, she would have imposed a fine of $16,000. She was unable to do so because MSD is a Crown entity, and protected by law from financial liability.

The prosecution began after Worksafe investigated the office following shootings by Russell John Tully on September 1, 2014. He killed two staff and injured two others.

MSD had asked the judge to consider discharging it without conviction. The judge refused the application.

MSD had pleaded guilty to failing to keep its employees safe by not exposing them to violent clients, but disputed that the open plan of the office, with no restriction of access between the public and staff, was unsafe.

In her decision, the judge had said physical restrictions – such as a barrier to delay a client assaulting staff, and having zones which restricted client access allowing staff to escape – were reasonably practicable steps to take.

However, she also noted that nothing could have been done to predict Tully’s actions or to minimise the harm he caused.

The judge said victim impact statements from staff showed that they felt anxious, apprehensive, intimidated, scared, tense, nervous, uncomfortable, or exposed and exhausted by the lack of physical protection and responsiveness of MSD.

‘‘The victim impact statements demonstrate that the staff had at times been cornered and threatened and did not feel clients were adequately dealt with, even when they caused physical damage to the building,’’ she said.

Tully, 49, was found guilty of the murders of Susan Leigh Cleveland and Peggy Turuhira Noble and the attempted murder of Kim Elizabeth Adams. He was sentenced to life imprisonment and must serve at least 27 years

Tully entered the Ashburton office at 9.51am on September 1, 2014, and fired at Noble at the reception desk, killing her almost instantly.

People then began running from the premises. Tully fired at Adams as she fled. He found Lindy Curtis hiding under a desk with a client, and shot her in the leg.

Tully then moved to the back of the building, where he saw another of his specific targets, Cleveland, the staff member with whom he was most dissatisfied. He shot her three times. - Fairfax NZ