MSD seeks no conviction over deaths

The MInistry of Social Development (MSD) has asked a judge to consider discharging it without conviction after the department’s open-plan office in Ashburton was found to be a foreseeable risk to staff from violent clients.

The prosecution by Worksafe New Zealand came about after Russell John Tully fatally shot two Work and Income workers at the Ashburton site in 2014.

MSD had pleaded guilty to failing to keep its employees safe by not exposing them to violent clients, but disputed that the open plan layout of the office – with no restriction of access between the public and staff – was unsafe.

Chief District Court judge Jan-Marie Doogue ruled that physical restrictions were reasonable to take, although she said Tully’s actions could not have been predicted.

The judge is to give her sentencing in writing today.

She had said physical restrictions – such as a barrier to delay a client assaulting staff or having zones that restricted client access and let staff escape – were reasonably practicable steps to take.

There was a reasonably predictable hazard of client violence involving manual assaults and assaults involving other weapons than firearms.

However, she added: ‘‘I am not persuaded beyond reasonable doubt that a physical barrier would have prevented or minimised the particular harm caused by Mr Tully.’’

MSD offices now had guards at their front doors and restricted client access.

Worksafe prosecutor Dale La Hood said there was a culture at MSD of putting up with the risk of intimidation by clients. ’’They were putting themselves at risk for the benefit of the community and they were entitled to vigilance.’’

La Hood said client-initiated violence was a foreseeable risk, given MSD had data of sustained client violence over time.

He accepted the MSD had made voluntary reparation to the Ashburton shooting victims or their families.

MSD’s lawyer, Brent Stanaway, said the ministry had provided financially for the victims and families.

He said it was inherently unfair that the media had inextricably linked Tully’s actions with MSD’s prosecution when the judge had found there was no causative link between the open-plan office and the shooting.

‘‘It is unfair for it to be saddled in the future with this ongoing perception that it is responsible for the actions of Mr Tully.’’

Tully, 49, was found guilty of murdering Susan Leigh Cleveland and Peggy Turuhira Noble and attempting to murder Kim Elizabeth Adams. He received life imprisonment and must serve at least 27 years

Tully entered the Ashburton office at 9.51am on September 1, 2014, and fired at Noble on the reception desk, killing her almost instantly.

Tully fired at Adams as she tried to flee. He found Lindy Curtis hiding under a desk with a client, and fired at her. She was hit in the thigh.

Tully then shot Cleveland – the staff member with whom he was most dissatisfied – three times.