‘Uphold the mana of my son’
The father of a promising rugby player killed in a remote forestry accident has launched a rare private prosecution in a bid for accountability and to “uphold the mana of my son”.
Richard Brooking’s 24-year-old son Niko O’neill Brooking-hodgson died in August 2016 when he was struck in the head and chest by a piece of machinery while working in Esk Forest at Te Horoto, northwest of Napier.
A Worksafe investigation decided the company should not be prosecuted.
The family believe this implied that Brooking-hodgson, a young father and experienced forestry worker of Nga¯ti Porou descent, was responsible for the accident which claimed his life.
But Brooking, 51, who lives in the remote East Coast settlement of Te Araroa, believes multiple systemic failures led to his son’s death.
Backed by a team of supporters that included the late Council of Trade Unions leader Helen Kelly, Auckland lawyers and East Coast MP Kiri Allan, he has been battling authorities, determined to clear his son’s name.
Earlier this month, Brooking filed charging documents at Napier District Court after a judge cleared the way for a private criminal case to proceed.
The prosecutor is Richard William Brooking.
The defendant is DG Glenn Logging Ltd (DGL), which if convicted under the Health and Safety at Work Act could be fined up to $1.5 million.
The company has refused to respond to repeated Herald requests for comment but is expected to defend the charge.
Brooking — a former forestry worker and health and safety consultant, who has devoted much of the last six years to his son’s case — has faced numerous setbacks but never waivered in his pursuit.
He says he is determined to hold the company accountable and bring justice for his son.
“Everywhere I’ve gone had just been a locked door and I’ve had to find my way through it. I shouldn’t have to fight this hard.
“All this is about is change and improvement. That’s my fight, and just trying to clear Niko’s name because he wasn’t wrong.
“These guys know I’m still here. I’m still fighting for what’s right, I’m still fighting for accountability. And that’s all it is — to uphold the mana of my son.”
Brooking-hodgson suffered unsurvivable injuries when a hauling rope became snagged while retrieving logs on a steep slope then jettisoned a D-shackle and line towards him at high speed, striking him in the face and upper body.
The Gisborne Pirates and Clive premier rugby player, who left behind a partner and 3-year-old daughter, died cradled in his foreman’s arms before a rescue chopper could reach the accident site.
It was the company’s second forestry fatality in just five months.
A Worksafe investigation found DGL had a duty to ensure the health and safety of its staff, and it was “reasonable to conclude” the company knew of the risks associated with snagged line retrievals “resulting in tension and release”.
However, it found DGL had “generic” safety controls in place and recommended no action be taken against the company. No charges were ever laid.
The young man’s family claim the investigation was inadequate and the written findings, which were littered with typos, flawed. They say the lead investigator lacked sufficient experience, with the Brooking-hodgson case just his second Worksafe investigation and first fatality.
They also claim the investigator had no expertise in the forestry sector, and that he arrived hours late to the accident site, meaning crucial evidence may have been missed.
“We deserved more, a hell of a lot more,” Brooking says.
After the family raised concerns about the way the investigation was handled, Worksafe commissioned an independent review which upheld the original findings.
Brooking then fought for the coroner to hold a public hearing last year so the family’s legal team could present expert evidence and crossexamine witnesses.
The Gisborne inquest resulted in a raft of recommendations around safety protocols to prevent similar deaths but did not apportion blame.
Then, after months of meticulous preparation by Brooking and his team, a judge granted permission on June 6 for a private criminal prosecution to proceed.
Days later on June 16, Brooking drove seven hours to Napier with his wife and served papers on DGL’S solicitors.
His heart was in his mouth. “I just had my phone on record in my pocket and I said to my wife who was in the truck, ‘Here we go’.
“My whole body was shaking. She said, ‘What’s the matter?’ I said , ‘For me this is it. This is the last piece of paperwork I have to file and then it’s done’.”
Brooking’s home is in the small settlement of Te Araroa, just 20km from East Cape along the snaking and picturesque State Highway 35, which winds its away around the remote coastline between O¯ po¯ tiki to the west and Gisborne to the south.
It’s an unlikely place from which to launch a test legal case against a successful forestry company that employs close to 200 staff.
But it’s here that Brooking has spent months trawling through mountains of paperwork, reviewing investigation reports and witness statements, in an attempt to prove Worksafe got it wrong.
He claims the Worksafe investigation was not up to scratch.
“The questions that should have been asked were never asked. The prosecution level was just so low.”
Prominent health and safety lawyer Hazel Armstrong was an expert witness during the inquest. She also reviewed the original Worksafe investigation file and has assisted Brooking during his campaign.
She says she believes there were multiple failures that led to Brookinghodgson’s death and lingering questions about what reasonable steps the employer could have taken to prevent the tragedy.
The watchdog’s investigation “wasn’t a thorough analysis”, she claims.
“I think there were lots of flaws in how Worksafe approached this particular fatality. What they didn’t count on was Richard Brooking’s persistence and absolute dedication to clearing his son’s name and ensuring that other people don’t die.”
Brooking says his family had little input during the investigation and felt their views were not properly considered.
“Worksafe is judge, jury and executioner. To me they are their own law.”
In clearing the company of criminal culpability, Worksafe had effectively blamed his son, Brooking said. The implication was that the young man was standing in the wrong place or had somehow failed to identify the risk of a high tension line caught on forest debris rocketing free with deadly consequences.
Worksafe’s general manager operations Pelin Fantham says she can’t comment on the private prosecution while it’s before the court.
Worksafe acknowledges the Brooking-hodgson wha¯nau’s disappointment with the agency’s decision not to prosecute DGL.
“Worksafe’s investigation was robust and we stand by it. We are required to meet the Solicitorgeneral’s guidelines before taking a prosecution. Because there was insufficient evidence that an offence had been committed, we were not able to take a prosecution in this case.”