Families pursue mine boss despite payout
Pike River families say former mine boss Peter Whittall is being treated differently by the justice system, simply because he has more money.
The families, led by Anna Osborne, Sonya Rockhouse and Bernie Monk, are in the Supreme Court for a last-ditch bid to have Whittall prosecuted over health and safety breaches.
WorkSafe originally brought 12 charges against Whittall, but they were dismissed after he agreed to pay $3.41 million to the families.
Nigel Hampton, QC, told the Supreme Court yesterday the justice system had to be the same for all, whether rich or poor.
“Or is it a system where a payment of a sum of money can be used to curtail and put to an end a prosecution? We say that this is what occurred here.”
Hampton said Whittall still claimed he was innocent on the health and safety charges, and didn’t accept responsibility for the mining disaster.
The lawyer argued there was enough evidence to continue with the prosecution, and the only reason it was dropped was the payout for the families.
“The offer of money, or this ‘voluntary payment’, shouldn’t have entered into this at all,” Hampton said.
“Either the prosecution had a case, and it should have gone to trial. Or they didn’t have a case, and it shouldn’t have gone to trial. “Either way, the money is irrelevant.” But WorkSafe lawyer Aaron Martin told the court that, although a payout was agreed, it wasn’t the final word on whether they went ahead with a prosecution.
“What you have in this case is an independent prosecutor, that is looking at a range of factors, and not going to receive the money or have financial gain from the decision.
“In my mind, what you have here is a difficult prosecutorial decision.
“There was an understanding that if charges were not pursued then this money would be paid, but that does not mean a deal was made.
“What’s being superimposed on these discussions is this idea that nothing else was in play.”
Before yesterday’s court case, several members of the Pike River families met New Zealand First leader Winston Peters to discuss his promise to push to reopen the mine to search for the 29 victims.
Osborne, whose husband died in the disaster, said she had faith that Peters would deliver on his promise.
“It was one of his bottom lines and it still is — and to have that reaffirmed has just been amazing. It certainly put a smile on the Pike River families' faces, that's for sure.”
The court hearing continues.