Charge over CentrePort death questioned

Last updated 14:19 16/06/2014

Relevant offers

Industries

Cadbury backlash a win for Kiwi chocolate brand Whittaker's Airways profit lifts as aircraft movements break records Samurai wasp vs stink bug: Government eyes bio-control for insect invasion NZME delivers stable operating performance ahead of merger ruling Chemwash Hamilton fronts up over fish kill spill Tesla holds huge key party in Auckland Port of Tauranga still on the lookout for more hubs Sky TV boss says appealing merger ruling would be like having 'root canal work' Competition watchdog says Sky merger rejection sets no precedents The Warehouse to cut an estimated 130 head office jobs

The charge against port company CentrePort over the death of one of its workers was fatally flawed and could not be corrected, a judge in Wellington District Court has been told.

Mark Victor Samoa, 47, died on January 20 last year when he was crushed between two huge bales of paper pulp.

A forklift driver did not know Samoa was between the bales and pushed them together to straighten a crooked line of bales that was "bugging" him.

CentrePort says the forklift driver - who was not charged with any offence - was at fault for breaking several rules and procedures.

But the Ministry of Business, Innovation and Employment charged CentrePort with failing to take all practicable steps to ensure Samoa's safety.

CentrePort pleaded not guilty at a hearing that is expected to end today after more than two weeks of evidence. Its lawyer, Kristy McDonald, QC, told Judge Bill Hastings that the seven practicable steps the ministry alleges CentrePort failed to take were not part of the charge and should have been.

She said the fault cannot be fixed.

But the ministry's lawyer, Shona Carr, said it was not necessary for the particular steps to be part of the charge and CentrePort had been properly informed of the steps it allegedly failed to take. The steps were contained in a summary that the company received along with a copy of the charge when it was filed in court in July last year.

The hearing is continuing.

Ad Feedback

- The Dominion Post

Special offers

Featured Promotions

Sponsored Content