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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Alert24 - Safeguard Update

Private prosecution: July court date

Private prosecution: July court date
Article Type:
News
Publication Date:
2015-02-20
Jurisdiction:
New Zealand

The Council of Trade Unions’ first private prosecution for the death of a forestry worker has been set down for a five-day hearing in Rotorua in July.

CTU president Helen Kelly told Safeguard the HSE Act prosecution relates to the death of 19-year-old Eramiha Eruera Pairama, who was killed by a falling tree in a forest near Taneatua, in the Eastern Bay of Plenty, in January 2013.

The council needed leave to prosecute Pairama’s employer, Puketi Logging Ltd, because the six month window for prosecution had expired. This was granted by the District Court in June last year.

Kelly says no fixture date has yet been set for a second prosecution, relating to the death of Charles Finlay, 45, who was crushed by a log during forestry operations near Tokoroa in July 2013, although leave to file charges against his employer, M & A Cross Ltd, was granted in May last year.

A planned third prosecution concerning the June 2012 death of 49-year-old David Wayne McMurtrie, who was struck by the tree he was felling in Houpoto Forest in the Bay of Plenty, is on hold after a judge refused to extend the time period in which charges could be laid. The CTU has applied for a judicial review of this decision on the grounds that the McMurtrie family was misled about MBIE’s intention to prosecute.

Kelly says no further action will be taken in a fourth case, involving the death of 39-year-old George Mahanga, in the Kinleith Forest in March 2013.

People Mentioned:
Helen Kelly; Eramiha Pairama; Charles Finlay; David McMurtrie; George Mahanga
Organisations Mentioned:
Council of Trade Unions; Puketi Logging; M & A Cross
Reference No:
150220CA-6413

From Alert24 - Safeguard Update

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