Director escapes jail over bridge fall death

BY MICHAEL FORBES
Last updated 11:07 29/07/2010

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LATEST: Adventure company director Alistair McWhannell has avoided jail for the manslaughter of Christchurch student Catherine Peters, who fell to her death while bridge-swinging.

McWhannell, 47, was sentenced to 400 hours community work at the High Court at Palmerston North this morning.

He was also ordered to pay $10,000 in reparation for emotional harm.

McWhannell was found guilty following a two-week trial last month.

A jury of seven men and five women took three hours to find the Crag Adventures director guilty of the 18-year-old's manslaughter, by failing to ensure his bridge-swing operation was safe.

Catherine, a first-year vet student, fell about 20 metres on to rocks below Ballance Bridge, near Woodville, while bridge-swinging with the Massey University Alpine Club on March 7 last year.

The Crown argued that Catherine's rope was too long and not attached to the rigging correctly, which amounted to gross negligence by McWhannell.

During sentencing, Crown prosecutor Evan McCaughan said the crown was seeking a sentence of home detention, having weighed up all the evidence.

But he noted there had not been an acceptance of responsibility from McWhannell.

Defence lawyer Bruce Squire QC refuted that claim, saying McWhannell's position all along was that he was responsible, but not grossly negligent.

McWhannell did write a letter to the Peters family, expressing his regret, but his bail conditions prevented him from sending it, he said.

Justice Ronald Young said he was satisfied McWhannell failed to reset the length of Ms Peter's rope before her jump and tie it to the bridge correctly.

McWhannell's bridge swing operation had since ended and he had found new employment, Justice Young said.

McWhannell's failure to accept full responsibility for Ms Peters' death was ''concerning,'' he said.

''That, in my view, is wrong.'' Justice Young said he could not believe McWhannell did not have another person checking the safety procedures he performed the day Ms Peters died.

Catherine's father, Bosco Peters, mother Helen and brother Jonathan were part of a packed public gallery that included about ten McWhannell supporters.

In a victim impact statement, Bosco Peters said he could hardly put words together to describe his daughter Catherine.

''Grief is the new canvas of my life. It is the lens through which I view things.''

Knowing that Catherine's death was ''totally avoidable'' had only amplified her family's grief, he said.

''Thankfully we have no regrets. I'm grateful for every moment I had together with Catherine.''

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Just before leaving Christchurch for Palmerston North, Catherine told Mr Peters how much she loved her life, family and that she would not want to change a thing, Mr Peters said.

''Two weeks later, she was dead,'' Mr Peters said.

''Someone described it as a wing has been ripped off our family while we're still flying.'' He thanked all the friends and family that supported him since the incident.

Mr Peters also took a shot at the adventure tourism industry, saying he could not believe the lack of regulations governing operations like McWhannell's in New Zealand.

''This is the shadow side of our no.8 wire, she'll be right attitude,'' he said.
Helen Peters backed up her husband's sentiments.

''That she should be dead because of his negligence and lack of safety backup hurts so much.''

She fought back the tears as she described the loss of her daughter.

''I'm grateful for every moment I had with Catherine but there should have been so many more.''

''The rollercoaster of the journey we're on does not ever stop and allow us to get our strength back.'' An early admission of guilt would have spared Catherine's family a lot of agony, she said.

''The lack of any apology or perceived remorse towards us has been difficult.'' Jonathan Peters said Catherine was his link to the real world and kept him sane.

''When I wanted a friend, Catherine was there, when I needed inspiration, Catherine was there, when I needed a sister, Catherine was there  now she is not.''

Since the incident, he had been taking prescription drugs for insomnia, skipped a lot of school and could not find the motivation to get a job, he said.

''Now I'm feeling useless, un-contented and depressed and Catherine isn't there,'' ''Now I need a place to run to, so I go to Catherine's room, but Catherine is not there.'' 

- © Fairfax NZ News

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