Make council report public - Symes family

The family of Aisling Symes is surprised Waitakere City Council will not publically release a report into the drain where the toddler died.

Waitakere mayor Bob Harvey called for the report the day Aisling was found dead in a drain running behind a Henderson property. It was intended to be made public.

But the council yesterday announced it would not make the report public, instead it would hand it straight to police and the Coroner, leaving it to those authorities to decide what to do with it.

A council statement said: "Since the Council announced it was preparing a report into the issue the Coroner has begun an inquiry into the death. The matter is therefore sub-judice and as such the Council cannot make any further statements on the matter.  

Aithne Potts, sister of Aisling's father Alan Symes, said there was public interest in seeing the council report released openly. 

"If it's all transparent then we all know there is nothing to hide and we are not left wondering," she said.

But she said the family was not looking for blame or heads to roll.

"Bitterness isn't going to bring Aish back ... Laying blame isn't actually going to make us feel any better.

"The one thing that would make us feel better is to think that proper action might be taken in future to stop the same thing happening again."

The council report was meant to be completed in 10 days.

But more than two weeks later it is still not complete.

Mr Harvey said he had not seen a draft and did not know what the findings were.

"I requested the council do it. They have taken a long time to do it. It is obviously a very thorough report," Mr Harvey said.

Acting Chief Coroner Garry Evans has announced he is opening an inquiry into the death of Aisling.

Mr Evans has asked for a copy of the report by 16 November and the council has committed to meeting that deadline.

Mr Harvey said when the report was finished only he and the Waitakere council chief executive would read copies before handing it onto Mr Evans. No councillors would see it.

Mr Havey said: "It is now sub judice and that's at the request of Inspector Gary Davey to me that I don't take the report and make it available."

He said it was "the right process" for the police and the Coroner to make decisions about the report.

The body of two-year-old Aisling was removed early on October 13 from a stormwater drain just metres from the property in Henderson, where she was last seen on October 5.

It is believed she fell into the drain through an open manhole and died there that night.

She was not discovered for a week despite the drain being searched five times.

An autopsy found her death was ''consistent with drowning.''

Neighbours said they had repeatedly warned the council about problems with the drain and a manhole cover that blew off under increased water pressure when it rained.

The council confirmed it had received four complaints about the manhole cover since 2004, the latest on September 11 and September 25.

Council staff visited the Longburn Rd property and inspected the drain on September 16 - 19 days before Aisling died.

Tim Rainey, a lawyer who specialises in construction negligence, said it was ''very much a live possibility'' that the council could be prosecuted under the Health and Safety in Employment Act.