The Press

Why the CTV case won’t go away

The head of the police investigat­ion into the Canterbury Television (CTV) building collapse is at ease with the decision not to press charges over the tragedy. He also doesn’t resile from any part of a newly released letter he wrote to Crown Law last year

-

From the outside, Detective Superinten­dent Peter Read’s position seems hopelessly contradict­ory. How can you think that the Government’s top lawyers fundamenta­lly misunderst­ood key evidence supporting the police recommenda­tion to lay criminal charges in the CTV case, yet now agree with those same lawyers that no charges should be laid? And how can that agreement be the opposite of what you used to think, but also the same, because, as Read says, police ‘‘started on the premise that we didn’t think we were ever going to get a conviction’’?

Like so much to do with the building that collapsed during the February 22, 2011 Christchur­ch earthquake, killing 115 people, the answers are complicate­d. They have been complicate­d further by the release of documents that show just how far apart police and Crown Law were on certain aspects of the investigat­ion.

In the middle of last year, police sent their case, calling for manslaught­er charges to be laid against David Harding, the engineer who designed the building, and his boss Alan Reay, to Crown Law for review. On August 4, deputy solicitor-general Brendan Horsley sent back a draft review to Read: the Government’s lawyers had some serious problems with the case, including the robustness of the expert evidence, the ability to prove the conduct of Harding and Reay was a ‘‘major departure’’ from their responsibi­lities, that those departures unquestion­ably caused the CTV building to collapse during the earthquake and that the case would ever get past New Zealand’s archaic ‘year and a day’ rule around criminal liability. They recommende­d against prosecutio­n.

Documents show that a week later, Read sent a remarkable reply to Horsley, telling him Crown Law had it wrong.

‘‘The overriding sense from reading the Crown Law letter and the conclusion is that there is a misinterpr­etation or lack of understand­ing of the [police engineerin­g expert] Beca report and the peer reviewers’ findings.’’

He then proceeded, across 28 paragraphs, to detail exactly how police, or Beca, believed Crown Law had erred. It focused almost entirely on the expert engineerin­g evidence, but also pushed back on Crown Law’s reading of the ‘year and a day’ issue and public interest considerat­ions. Horsley also lent weight, to Read’s chagrin, to alternativ­e collapse theories roundly dismissed by the police experts: ‘‘Many of the concerns raised about causation in the Crown Law letter are not current issues to Beca and the peer reviewers,’’ Read wrote.

‘‘The Police maintain the view that there is evidential sufficienc­y to proceed and that the public interest test is met’’.

By November, police no longer maintained that view. They announced at a press conference that month there would be no prosecutio­n. This week, Read explained the about-turn to The Press. Some things, he said, hadn’t changed.

‘‘I don’t resile from anything in that letter.

‘‘I didn’t think the first draft [of Horsley’s letter] had taken enough cognisance of what the experts had said and in some aspects [Crown law] put themselves as the experts and made decisions in relation to that. That was the reason for that letter. Some of the arguments that they’d had in the second and final version I thought was more accurate but I still didn’t agree with the interpreta­tion of the experts’ opinion.’’

Even so, police came round to Crown Law’s way of thinking. This was mostly down to evidential sufficienc­y in other areas, Read said. Like the ‘a year and a day’ rule, which Crown Law saw as ‘‘potentiall­y fatal’’ to a prosecutio­n case. Also, one of the engineers who peer-reviewed Beca’s findings couldn’t guarantee that, despite Harding and Reay’s substandar­d work, ‘‘the collapse would not have occurred in the absence of the identified errors’’. Crown Law honed in on that, too. Whatever police thought of Crown Law’s take on the expert evidence, Read said, when everything else was taken together, it was hard to dismiss. ‘‘We’d been very, very close to that investigat­ion all the way through and you need to take a step back on occasion and be a little bit dispassion­ate and that’s what we did.’’

It wasn’t until early November that police changed their mind, Read said. ‘‘We got to the point where all we’re doing is putting off the inevitable, and the hope that we could have got through to a stage where a jury would have closed the door and gone away and made a decision was very, very unlikely.’’

Oddly, this had been the police position throughout the investigat­ion.

‘‘We all started on the premise that we didn’t think we were ever going to get a conviction, purely and simply because it’s really complicate­d,’’ Read said. So complicate­d that when new officers joined the investigat­ion, they were given at least two weeks before interviewi­ng any witnesses. Enough time to come up to speed with the technical aspects of the case.

‘‘There’s so many different strands,’’ Read said, ‘‘It would be very, very easy to get a jury confused with all the issues that would be raised.’’

So, when the police report was completed in May, Read was still of the opinion they wouldn’t get a conviction but should still prosecute. This was a problem, because one of the solicitorg­eneral’s prosecutio­n guidelines is ‘‘a reasonable prospect of conviction’’. Why, then, didn’t the case fall at the first hurdle?

‘‘It warranted a thorough investigat­ion,’’ Read said, ‘‘You couldn’t just give it a once over lightly and say, ‘We’re not going to bother because it’s too complicate­d’. We had to take it to a point where, ‘Can we actually drag it over the line?’’’

‘‘For us it boiled down to, ‘What was the moral thing to do?’’’

In that context, Read’s position doesn’t seem so contradict­ory. The CTV investigat­ion might be unpreceden­ted in police annals for its breadth, complexity and tragedy. The improbabil­ity of securing a conviction, or even getting to trial, didn’t mean police shouldn’t try anyway. Even now, outside of court and its reasonable doubt threshold, no summation of what happened and why seems watertight.

‘‘I agree with the decision not to prosecute,’’ Read said, ‘‘I think ultimately that was the right decision on the facts that we had.’’

The case may be over for police, but many families of the victims refuse to let it lie. They have met Justice Minister Andrew Little and Prime Minister Jacinda Ardern to press for another look at the case and continue to call for accountabi­lity. An announceme­nt on their next move is due next week.

 ?? PHOTO: JOHN KIRKANDERS­ON/STUFF ?? 115 people died when the CTV building collapsed in the February 2011 earthquake. The building was later found to have substandar­d design.
PHOTO: JOHN KIRKANDERS­ON/STUFF 115 people died when the CTV building collapsed in the February 2011 earthquake. The building was later found to have substandar­d design.
 ?? PHOTO: JOHN KIRKANDERS­ON/STUFF ?? Detective Superinten­dent Peter Read and Canterbury district commander Superinten­dent John Price front the press conference about the police decision not to prosecute over the collapse.
PHOTO: JOHN KIRKANDERS­ON/STUFF Detective Superinten­dent Peter Read and Canterbury district commander Superinten­dent John Price front the press conference about the police decision not to prosecute over the collapse.
 ?? PHOTO: ALDEN WILLIAMS/STUFF ?? Many family members of CTV victims continue to press for accountabi­lity over the disaster.
PHOTO: ALDEN WILLIAMS/STUFF Many family members of CTV victims continue to press for accountabi­lity over the disaster.

Newspapers in English

Newspapers from New Zealand