The criminal charges laid against Auckland water company Metrowater after the deaths of three sewer workers have been dismissed.
Judge Nicola Mathers ruled in the Auckland District Court yesterday that there was insufficient evidence to prove Metrowater failed to ensure the safety of the men.
Darren Skeen, Ken Karu and Eddie Rehia
were overcome by hydrogen sulphide gas when they entered a manhole on the corner of Fanshawe and Halsey Sts on Waitangi Day last year to clean the sewer line.
Metrowater's contractor, Stargate Services Ltd, and subcontractor, Aquatech New Zealand, employed the three men and have been prosecuted for safety breaches.
The Department of Labour charged Metrowater for failing to tell Stargate the manhole was incomplete and unsuitable for cleaning with high-pressured water.
It was also charged for failing to ensure the Stargate and Aquatech employees were trained in safety procedures.
However, defence counsel Rhys Harrison, QC, asked Judge Mathers to dismiss the case as the men were not allowed to enter the manhole even if it was complete.
He said Stargate was contractually responsible for training its employees and those of its subcontractor.
In dismissing the case, Judge Mathers said Aquatech, which was fined $30,000 in March, and Stargate, fined $4000 last month, were both clearly at fault but that Metrowater had taken all practicable steps to ensure the men's safety and could not be convicted.
Lynne Skeen, the mother of Darren Skeen, who was employed by Aquatech, said she was angry at the decision.
"The bottom line is my son had a right to be safe at work and I'm so angry that he's been put in this position.
"I really thought [Metrowater] had a case to answer," Mrs Skeen said.
Metrowater chief executive Graham Coxhead was relieved that the company had been cleared and said the accident was tragic and had shaken the industry.
"Manholes are always dangerous and we take every step to protect the safety of our staff and contractors," he said.
"We are relieved that the court has confirmed that we did all we could have."
