Conviction follows training tragedy

FINAL FAREWELL: Michael Ross beginning his final journey, from Te Paatu Marae to the cemetery at Pamapuria.

An Army sergeant has been convicted of failing to comply with written orders, following the September 2012 death of 29-year-old Rifleman Private Michael Ross, who fell out of an under-inflated Zodiac boat and drowned while taking part in a training exercise on Lake Moawhango, near Waiouru.

His life jacket failed to inflate because a gas canister had not been replaced.

The sergeant, who has interim name suppression, appeared for a summary trial in Palmerston North earlier this week, the court hearing that he had been in charge of the training support boat (TSB) that was serving as the safety boat at the time of Private Ross' death.

Presenting officer Major Jared McGregor told the court that all safety boats had to be manned at all times by a minimum of three people who were experienced swimmers and boat handlers, but a witness, Sapper Bryce Luckin, who was bowman on board the Zodiac, recalled the TSB responding to the scene of the accident with only the sergeant on board.

The sergeant said he had no longer been the safety supervisor in charge at the time of the accident.

At no time when he had been the safety supervisor had he been on board the safety boat without two other crew members.

Disciplinary Officer Lieutenant Colonel Andrew Brown found him guilty of failing to comply with written orders, saying he did not believe that the boat had been manned by three experienced swimmers and boat handlers at all times.

Earlier, Corporal Timothy Goodall, who was boat commander at the time of the incident, was acquitted of negligently permitting a boat to be hazarded but pleaded guilty to negligently failing to perform a duty, was fined $500 and sentenced to 10 days' extra duties. A charge of negligently doing an act likely to cause loss of life while operating a boat was dismissed.

A third soldier, Sapper Jamie Larsen, was also acquitted of negligently permitting a boat to be hazarded, and again a charge of negligently doing an act likely to cause loss of life while operating a boat was dismissed.

In July last year the New Zealand Defence Force was prosecuted by the Ministry of Business, Innovation and Employment in relation to Private Ross' death, and admitted failing to provide a safe working environment. Sentencing judge Stephen O'Driscoll said Private Ross had been let down by widespread failures in safety protocols that amounted to a "systemic failure" by the NZDF.