Coroner calls for stringent fencing laws

BY LYN HUMPHREYS IN PALMERSTON NORTH

Strict laws forcing the fencing of sharemilkers' homes must be urgently passed, says the coroner presiding over the inquest into the death of three-year-old Summer Frank in a South Taranaki effluent pond.

Coroner Tim Scott, in his decision at the Palmerston North Coroners Court yesterday, found that Summer's home, on Skeet Rd, Kapuni, was unfenced when she and her brother Brodie wandered off on the evening of January 8.

Summer had drowned after she fell into one of the farm effluent ponds, Mr Scott said.

His recommendations were that future laws should have similar power to that of the stringent swimming pool fencing legislation, where pool fences were both checked on site and policed.

The move was aimed at preventing similar tragedies in future, he said.

He called for the appropriate organisations, including Federated Farmers and government departments such as the Labour Department, to report back to him in three months on their progress.

Mr Scott criticised the farm owner, Francis Mullan, for not carrying through on his agreement with Summer's father, Aaron Frank, that the house would be fenced.

"In my view Summer's death was preventable. It would not have occurred if the house was fenced-in or the ponds were fenced to a childproof standard," Mr Scott said.

"Should he have done more? Sadly, I think so. All he needed to have done was to allow Mr Frank to fence the house in a timely fashion."

It could have been done without levelling and completed in a few hours, Mr Scott said.

For whatever reason, Mr Mullan had procrastinated with devastating consequences, Mr Scott said.

LACK OF FENCE REGRETED

Last night, Mr Mullan said he would always regret that the fence had not been put up. Childproof fences had now been put up around the house and the ponds filled in. A new sharemilker would move in on June 1, Mr Mullan said.

Mr Frank and partner Kelly Hughes, who have shifted to a Te Kuiti farm, told the Taranaki Daily News that they were happy with the coroner's recommendations and supported any law changes and initiatives that might be made as a result.

"We are looking forward to our new addition to the family - a girl - in seven weeks," Mr Frank said.

Mr Scott strongly recommended that in future the written agreement between sharemilkers and the farm owner must contain highlighted clauses to ensure the dwelling is fenced to a childproof standard.

It was not reasonable to expect a whole farm, which was full of traps, to be made safe, "that's why fencing the house is so significant".

Mr Scott said the drowning could easily have been a double tragedy after both Summer and her brother Brodie fell into the pond. Their mother, Ms Hughes, could not be blamed for what occurred. She was pregnant and suffering morning sickness, had a "semi-emergency" and had to go to the toilet, Mr Scott said. She came outside to find the children missing.

She searched, finding and rescuing Brodie from the pond, and then discovered Summer submerged in the pond.

"Her prompt action saved a probable double fatality," Mr Scott said.

The coroner said he and the officer in charge of the investigation had themselves looked at the property.

"The most significant thing in my mind was that neither the ponds nor the house were fenced."

Mr Scott noted that the share-milking agreement was a contract between the farmer and the share-milker "and the two sides are not of equal bargaining power".

Clause 119 "hiding" within that 30-page agreement was not clear as it stated that the house must include a suitable area around it and be securely fenced. This could mean either child-proof or stockproof, Mr Scott said.

Apart from that, Mr Mullan and Mr Frank had both entered into a separate agreement to fence the house to make it childproof.

Mr Mullan was to supply the materials, which were on site, while Summer's dad was to build it.

Despite Mr Frank asking on two or more occasions to build it, Mr Mullan would not give the final go-ahead because he said he first wanted to level the section "but he never did".

Summer's grandmother, Ellen Frank, also gave evidence at the inquest in Hawera two weeks ago that she had phoned Mr Mullan with her concerns and the potential for the children to wander off. She urged him to complete it promptly but his response had been that if they were old enough to walk, they were old enough to be trained not to wander, Mr Scott said. "From my personal experience, I simply do not accept that."

In case cause 119 might be deleted by farmers, a second recommendation was to refer his decision to the appropriate government department, such as the Labour Department, to Federated Farmers and the farm workers ' union, with the intention of drafting legislation to ensure there is secure fencing around the dwelling house and mandatory measures are put in place to check and police those laws.

Mr Scott extended his sympathy to Mr Mullan who, he said, did not intend or foresee the tragedy. No doubt if he could turn the clock back, Mr Mullan would have fenced the property promptly.

Mr Scott extended his sincere sympathy to Summer's family.

- © Fairfax NZ News