MSD convicted over office shooting
The Ministry of Social Development (MSD) 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.
MSD had asked the judge to consider discharging it without conviction, saying it was unfair that it would be saddled with the perception it was responsible for what Tully did. The judge refused its application.
The prosecution began after WorkSafe investigated the office following shootings by Russell John Tully on September 1, 2014. He killed two staff members and injured two others.
MSD had pleaded guilty to failing to keep its employees safe by not exposing them to violent clients, but disputed its open-plan office – providing 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 letting staff 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.
‘‘Crucially, however, I also found that the prosecution had not proven that the defendant’s failures caused the harm wrought by Mr Russell John Tully.’’
The judge said WorkSafe was not seeking reparation, given that MSD had already made significants affected.
She said victim impact statements from staff showed that staff felt anxious, apprehensive, intimidated, scared, tense, nervous, uncomfortable, or exposed and exhausted by the lack of physical protection and responsiveness of MSD.
‘‘Staff had at times been cornered ... and did not feel clients were adequately dealt with even when they caused physical damage to the building.’’
Tully, 49, was found guilty of the murders of Susan Leigh Cleveland and Peggy Turuhira Noble and attempted murder of Kim Elizabeth Adams. He was sentenced to life imprisonment and must serve at least 27 years payments to those A former navy officer who quit after complaining about sexual harassment says the navy continued to use her image in publicity promoting the service as a career for women.
The mistaken use of her image for recruitment or staff retention would have lowered her reputation in the eyes of anyone who knew about her complaints, she alleged in a High Court case heard in Wellington yesterday.
Her claim against the New Zealand attorney-general and the British Ministry of Defence includes allegations that the publications made her look like a hypocrite, and were callous to the plight of other women.
She said that the publications had caused her extreme anguish as well as defamed her.
The attorney-general has asked the court to end that part of her claim and others relating to the publicity material, with lawyer Peter McKnight saying that, even if some people thought what the woman alleged, the number was so few that it was ‘‘a game not worth the candle’’.
Justice Simon France reserved his decision after a hearing at which the British ministry said the case against it should be heard in the British courts.
The New Zealand attorneygeneral would agree to the claims against it also being heard in Britain, the court was told.
The woman, whose name was suppressed, served internationally, including a posting that saw her work on ships.
She said she was raped during the UK stint, and also alleged repeated harassment there and while working with the New Zealand navy, including men betting buckets of KFC takeaway food on whether women could be ‘‘conquered’’.
The judge was told the man accused of rape denied the claim.
The woman’s lawyer, Jol Bates, told the judge that both navies had a duty to provide her with a safe place to work and had failed to protect her human rights.
He said the woman did not have the resources to take a case in Britain, although he agreed there was no evidence about the affordability issue. British bases and