Frustration over delays in party death inquiry

Darren Grace and partner Claire Tynan. Photo / Supplied

The man under investigation over a death at a Christmas party on a luxury boat is "unable to function" and is frustrated at the length of the 13-month-long police inquiry.

Darren Perry Grace, 40, died on December 18, 2009, on board Quest II, which had been hired for a company Christmas party in Auckland's Viaduct Harbour.

He was invited to the Pacific Hygiene party by his partner Claire Tynan, but become violent and had to be physically restrained after the boat left its berth.

Mr Grace collapsed while being held and attempts to resuscitate him failed. Police launched a homicide investigation the next day, but have yet to decide whether to lay charges against the man who restrained Mr Grace.

A colleague of the man has spoken out, after learning pharmacist Grant Gillard would not face charges over a fatal altercation with an intruder.

He said Mr Grace - who was facing charges of threatening to kill at the time of his death - had been sculling red wine before a fit of rage.

People on the boat feared for their lives once Mr Grace started fighting, the man said.

"The guy fought like a banshee. All through the night he was threatening to do karate moves on people. The strength he had was just immense, it took two of us to hold him down."

Each time Mr Grace was released, he would start fighting again.

"I got punched in the face and he hit me in the ankle and tore a ligament off."

The skipper feared Mr Grace would try to get to the controls, the man said.

He said there was "no doubt" the lives and health of nearly 50 people were at risk.

After the third time Mr Grace was subdued, he did not move again.

"We don't know what happened. One minute he was fighting and kicking and abusing, the next minute he just plain stopped. He got released again and we noticed he wasn't moving, which was unusual for him. I went over to check him out - I'm talking within seconds - and he was gone."

He performed CPR on Mr Grace for 40 minutes, swallowing his vomit and blood which led to an anxious wait while he was tested for disease.

The employee under investigation by police had struggled to cope with the fallout from the death.

"The young man, who was unfortunately the only one strong enough to be able to restrain Darren Grace, has been deeply affected by this. He hasn't slept in 13 months and has struggled to function normally. The toll on him has been huge."

The man had been given time off work and the company was paying his legal fees, as well as arranging counselling.

The colleague, who asked not to be named, is calling for "logic to prevail" to prevent further suffering.

He accused police of not wantingto make decisions.

But Detective Senior Sergeant Kevin Hooper, the officer in charge of the case, defended the length of time the inquiry had taken.

"I'm not going to make any decision unless I'm sure about it. I understand the frustration certain people involved will be feeling. My sympathies are with those people."

Mr Hooper yesterday said police sought a legal opinion in April last year, but further investigation was needed. A second legal opinion was sent to police in November.

"A detective is dedicated to preparing formal written statements on the case. That detective has been working fulltime on the case for the past month."

Mr Hooper said he was aware of frustrations but there was little he could do.

"It has been little over a year and in an ideal world it wouldn't have taken so long. But the reality is we still haven't reached the point of a firm decision in one way or the other."

The three officers on the case were also heavily involved in the three-month Carmen Thomas murder inquiry.