KEY POINTS:
It was only by hanging on to a peg dug into a mine wall for 40 minutes that Gary Haddow survived the deluge of water that killed his colleague.
Now, almost 20 months down the track, Haddow is facing a different struggle, this time to prove he is
not partly to blame for the tragedy that claimed the life of fellow miner Robert McGowan, 39.
When the wall of water and rock burst into the Tiller Mine near Greymouth after explosives had burst open an adjoining flooded old mine, Haddow yelled "water, come on", but Mr McGowan was unable to get out of its path and was engulfed.
Haddow was able to hang on until the flow of water abated, then undertook the grisly task of finding Mr McGowan's body.
Haddow, the mine manager, and an unnamed geologist now face charges of failing to take all practicable steps to ensure those working at the mine were kept safe, at a hearing in the Greymouth District Court which began yesterday. Haddow is defending three charges, and the geologist faces one charge. Each charge carries a maximum penalty of a $250,000 fine.
Black Reef Mine Limited, which owned the Tiller Mine, and contracted Mr Haddow and employed Mr McGowan, has already pleaded guilty to two similar charges and is yet to be sentenced.
The Department of Labour, which is bringing the prosecutions, says the pair charged should have been aware, or taken steps to be, they were closing in on an old mine site that was flooded.
"At its heart, the prosecution case is a very simple one," department solicitor Michael Hargreaves told the court, "And the nub of it is this: In these circumstances, in which mining was occurring, the actions of Mr Haddow and [the geologist] fell markedly short of what would reasonably be expected of persons in their professions. Old mine workings are a well-known hazard in underground mining, owing to the fact they may contain a body of water or a body of gas."
But lawyer Jeff McCall, representing Mr Haddow, questioned whether a person in the circumstances Mr Haddow was facing would have done anything differently.
"The reality is Mr Haddow never knew he was approaching older [mine] workings. He was never told by any person that the old mine workings were inundated by water, or even that that was a possibility."
The geologist's lawyer will argue that his client's employment status means he cannot be found guilty of the charge against him.
In testimony yesterday, former Black Reef Mine Ltd director Shane Bocock said the tragedy in which Mr McGowan died was not the first time the miners had broken through to old mine workings.
Mr Haddow and the geologist had discussed it, he said.
Valma McGowan, the widow of Mr McGowan, was also at the hearing yesterday. She has fought a vigorous campaign to have people held accountable for her late husband's death.
The case before Judge James Weir is expected to last two weeks.
