Otago Daily Times

Pilot avoids prison sentence; to pay $120,000 in penalties

- GUY WILLIAMS guy.williams@odt.co.nz

ATHOL man Murray Sarginson has avoided a prison sentence in relation to the death of his best friend and business partner after a helicopter crash near Lindis Pass in 2016.

He was sentenced to four months’ community detention, community work and financial penalties totalling $120,000 in the Queenstown District Court yesterday.

His counsel, Garth Gallaway, told Judge Bernadette Farnan it was clear to anyone who had attended Sarginson’s trial how much the accident had affected him.

‘‘Mr Edwards was his best friend, and suffice to say there’s no punishment the court can impose that surpasses the one that he imposes on himself.’’

Sarginson was piloting a Robinson R22 when it crashed in limited visibility on April 30, 2016. His sole passenger, Otautau man Liam Edwards (32), was able to walk and talk after the accident, but died near the crash site soon afterwards.

He was the father of a 5weekold boy.

Sarginson was seriously injured.

The two men, partners in an earthmovin­g business, were flying to Canterbury’s Mount Algidus Station for work.

Sarginson’s 20day trial, held intermitte­ntly in Queenstown and Invercargi­ll over five months, ended in January.

The following month, Judge Farnan convicted him on two charges under the Health and Safety at Work Act after finding his conduct ‘‘reckless’’ as to the risk of serious injury or death, both in his capacity as a director of the company and as a worker.

‘‘The defendant’s conduct in flying in hazardous weather conditions, and in flying an overloaded aircraft exposed Mr Edwards . . . to a risk of death or serious injury.’’

After giving the defendant discounts for assuming the victim’s debt to their business, his remorse, his participat­ion in a restorativ­e justice meeting and his previous clean record, Judge Farnan arrived at end point of 19 months’ prison.

She converted that to four months’ home detention and a daily curfew between 9.30pm and 6am.

Sarginson must pay $100,000 reparation, a $10,000 fine, complete 350 hours of community work, and pay $10,000 towards the costs of prosecutio­n.

Judge Farnan will rule on an issue relating to ‘‘consequent­ial loss’’ — a shortfall between Mr Edwards’ family’s ACC entitlemen­t and what they have actually received — at a later date.

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