Engineering ‘confusion’ cited
There was ‘‘considerable confusion’’ over the structural reliability of a Christchurch building where falling masonry caused deaths in the February 2011 earthquake, a Real Estate Agents Disciplinary Tribunal has heard.
Defence counsel Philip Rzepecky detailed that confusion as he opened the defence case for Christopher Chapman, the commercial building manager, who faces an allegation of ‘‘disgraceful misconduct’’ for failing to report safety concerns about the Colombo St building to tenants.
Matthew McEachen, who worked at the Southern Ink tattoo parlour, was crushed by falling masonry when he tried to flee the building when it collapsed in the earthquake.
American tourist Rachel Conley, 27, was killed by rubble as she left the parlour, having gone there to discuss a tattoo with McEachen.
The question before the tribunal was whether he breached his professional obligations to the level of misconduct.
Rzepecky said an engineer gave the Colombo St side of the building, where Southern Ink was located, a green placard while the St Asaph St side was yellow – despite it still being the same building.
Later, a Christchurch City Council engineer red-stickered the St Asaph St side and barricades were put up to keep people away.
The council did not change the green stickers to red or yellow or put up any barricades on the Colombo St side, in particular in front of Southern Ink.
Members of the public and motorists were passing by and facing the same risks as McEachen, who was killed in front of the shop.
Rzepecky told the tribunal the Canterbury Earthquake Royal Commission concluded: ‘‘It is clear to us that events occurred that sometimes were not entirely the fault of any individual, but which resulted in a breakdown in communication.’’
Rzepecky said: ‘‘Mr Chapman did not act without any regard to the interests of the owners of Southern Ink or any other party.
‘‘His conduct does not reach the high threshold for a finding of disgraceful misconduct based on any conduct which could be characterised as morally reprehensible and which showed indifference by him to the rights of others.’’
The hearing is continuing.