Alcohol and swimming alone were probable factors in the drowning of Private Boyd Atkins in the East Timorese sea, the coroner has said.
In a reserved decision, Gisborne coroner Judge Neil MacLean found the soldier, 19, of Tolaga Bay, did drown at Port Hera on March 1, 2001.
It is
still unclear, however, how his body came to be in the East Timorese sea when he was last seen heading in the opposite direction to bed, the judge said.
Private Atkins was serving on United Nations peacekeeping duties and was found in the sea at the leave centre of Port Hera after a night of drinking and skinnydipping.
A toxicology report confirmed his alcohol level was between three and four times the legal drinking limit for the New Zealand Defence Forces.
Judge MacLean said there was "a common theme" of about 13 people buying seven dozen cans of beer just before the bar closed on that night "and there is no reason to suppose Private Atkins had anything but his fair proportion of that".
Officially, service personnel are not allowed to drink more than four cans of beer or two ready-mixed spirits in any 24-hour period.
The judge said, however, that evidence showed service personnel understood that "as long as it was not abused and there was no trouble, that limit could be exceeded".
"In my view that was a realistic approach in all the circumstances," said Judge MacLean.
There was no duty supervisor, and a gate which led to the wharf, which the Army had no control over, appeared to be open.
Personnel could and did swim at Port Hera.
Private Atkins and another soldier had found the water was quite shallow earlier in the day.
He may have misjudged the depth.
The combination of alcohol and being alone in the water proved - as it had with others in the past - lethal.
The cause of death was consistent with drowning, Judge MacLean said. It was not possible to reach a definite conclusion on the course of events but alcohol was a significant contributing factor.
The judge said a sober site supervisor may not have prevented the tragedy but would have minimised the risk.
- NZPA
