‘Evidence could be lost’ if police don’t go 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 the chance of a prosecution, he told The Press.

‘‘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.’’

The Press reported on Tuesday police would not be sent into the mine with 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 evidence and threaten the chance of a 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 said the operation would have to be a ‘‘balancing exercise’’ – and that a key objective is to find answers for the families.

Pike River father Bernie Monk said he believed mining experts were the best people to go in first and ensure the drift was safe.

He was confident forensic evidence could be preserved.

‘‘If they come to something, they will stop and the forensic team will go in and do their job,’’ he said.