Pike River evidence could be ‘lost’ if police not in first

Evidence to support any prosecution over the Pike River disaster could be put at risk by a decision for police to enter the mine only after others have made it safe, a legal expert warns.

Massey University law professor Chris Gallavin said the forensic integrity of the site could potentially be compromised if crime scene experts are not first into the mine.

Such a move could jeopardise chance of a prosecution, he told

‘‘We’re in that invidious situation where the only people who have the expertise to go in are the people who don’t have expertise in criminal investigation.

‘‘If it is a crime scene – if it’s at least a scene that needs to be investigated and it is fragile – then there’s the potential that even the smallest forensic element may matter, and if it’s interfered with or dealt with in the wrong way, then it might be lost,’’ Gallavin said.

reported on Tuesday that police would not be sent into the mine with the the first re-entry team after an assessment deemed the risk was too high.

Mining experts will inspect the drift first and ensure it is safe before police staff enter to gather forensic evidence.

Police training the re-entry team so they do not compromise the scene offered a ‘‘best-case scenario’’, Gallavin suggested.

But the plan could compromise the integrity of any evidence to such an extent it might threaten the chance of any potential prosecution.

‘‘That’s not to say that it wouldn’t be compromised if the police could have gone in there, because it’s a very dangerous place and the police would probably have to work very quickly and they might have to cut corners they wouldn’t ordinarily do.’’

Gallavin suggested the operation would have to be a ‘‘balancing exercise’’ – and that a key objective is to find answers to the families of the 29 victims.

‘‘A significant reason they’re going in, perhaps the primary reason, is to try and give some closure to families, to potentially remove any bodies that they find or to find some explanation of what had happened to their loved ones.’’