Police: Nothing unlawful in 2016 balcony collapse
Police researched a fatal balcony collapse on a California campus during their inquiry into a similar incident in Dunedin that injured 18 students.
The cantilevered wooden balcony at a flat on Castle St collapsed at the start of a gig by band Six60 on March 4, 2016.
Two students were seriously injured, including Southlander Bailley Unahi, who suffered a severe spinal injury.
Police last year decided not to lay criminal charges over the incident after a report by the Ministry of Business, Innovation and Employment (MBIE) found the balcony gave way because of ‘‘grandstand level’’ loadings.
Police have now released the final report on the balcony collapse.
Detective Des Karl concluded in the six-page report that the people on the balcony, some of whom were not known to the flat occupants, did not commit an unlawful act.
Those who were unlawfully on the property could not be exposed to prosecution as ‘‘there is no evidence that they expected or intended for the balcony to collapse’’.
Despite original reports of people jumping up and down on the balcony, video showed that was not the case.
The video showed the number of people on the balcony fluctuated from nine at the start of recording, to 18 when the balcony collapsed.
‘‘The balcony breaks away from the dwelling in a fashion almost like a domino effect with each joist snapping as the balcony falls on top of the gatherers below,’’ Karl said.
The collapse was ‘‘relatively similar’’ to a balcony collapse at the University of California Berkeley Campus in 2015, which claimed five lives.
It was initially thought overloading was a factor in that case too, but evidence later pointed to dry rot.
‘‘It appears there have been difficulties in proving the difference between an overloaded balcony and one that is not built to meet the purpose it is used for.’’
Karl investigated whether the free Six60 concert, organised by a local property manager, breached any bylaw.
Police, who were told of the event two days prior, had no involvement in its planning or management.
Karl said any criminality would have to concern the construction of the balcony, rather than the behaviour of the people on it.
‘‘Their behaviour is entirely consistent with people doing nothing more than enjoying entertainment in a lawful manner.’’
He noted the balcony’s design did not satisfy the building code, but was assured by MBIE the only reason the balcony failed was because the timber was overloaded to ‘‘breaking point’’.