Police to pay for blunder

A judge has criticised police for taking a ‘‘negligent’’ and unsuccessful prosecution against the organisers of a Gisborne festival at which riots broke out two year ago.

In a strongly worded judgment, Judge Warren Cathcart has ordered police to pay more than $25,000 in costs after earlier throwing out their attempt to prosecute a company and individuals behind the BW Festival, which ended in chaos on New Year’s Eve, 2014.

More than 60 people were arrested and 83 injured, with seven needing hospital attention at the festival, a campground-cum-music festival at the beachside in Gisborne.

The riot broke out in two of the festival campgrounds about 5.30pm and the disorder lasted about three hours.

Festivalgoers were injured, police were pelted with cans and other objects, vehicles were overturned and several fires were lit.

Police later laid charges against BW Camping Ground Ltd, its director Toby Burrows and site manager Andrew Kinsella, alleging they allowed an unlicensed campground to be used as a resort for the consumption of alcohol.

But Judge Cathcart dismissed the charges last year, after finding the campground was properly registered.

In a newly published decision awarding more than $25,000 in costs to Burrows, Kinsella and the company, the judge said that during the course of the prosecution, police ‘‘negligently failed to take the simple step of obtaining a copy of the certificate of registration’’ issued by the Gisborne District Council to the campground, along with a related ‘‘certificate of exemption’’.

‘‘Moreover, [police] negligently chose to continue the prosecution even when it became aware of the possible significance of the certificate of exemption,’’ Judge Cathcart said.

‘‘[Burrows, Kinsella and the company] were not responsible for the riotous behaviour that occurred at the campground.

‘‘That public disorder was due entirely to the appalling conduct of a group of occupants using the facility.’’

BW’S lawyer, Tiana Epati, said she, Burrows and Kinsella would not comment on the judgment.

Police said they were considering the decision.

The BW Festival ran from 2007 until the ill-fated 2014 event.

- Fairfax NZ