No charges on driveshaft death

By SCOTT INGLIS

No charges will be laid over the death of a young father who was decapitated when a truck's driveshaft shattered.

After a painstaking eight-month inquiry, police have found there is insufficient evidence to charge any person or organisation over the instant death of Pukekohe man Eddie Tavinor.

But they say the investigation, which involved top independent engineers, has uncovered several "unsatisfactory practices" within the trucking industry.

They advise anyone involved in maintenance and modification of trucks to meet proper standards and be properly trained - but will not elaborate because an inquest is still to be held.

Mr Tavinor died when a south-bound Mitsubishi truck's driveshaft disintegrated, sending the knuckle of its front universal joint flying through the windscreen of his 1990 Mazda utility on Auckland's southern motorway last November 20.

Police consulted engineers and experts in a bid to find out what caused the driveshaft failure.

They examined the driveshaft's design, maintenance, and any modifications. Mitsubishi, mechanics, the driver and the company which operated the truck were all interviewed.

The truck, a FV393H model operated by Container Swinglift Services, was understood to have been modified by being made lower so its container loads met height regulations.

But police could find no evidence that this, or any design or servicing of the truck or driveshaft, was responsible and still do not know what caused the driveshaft to fail.

They had also sought information on other driveshaft failures and found at least four which were non-injury.

Police yesterday received a final legal opinion from the Auckland Crown Solicitor, concluding that, based on the engineering report, a prosecution would be unsuccessful.

But Superintendent Alastair Beckett, the northwest Auckland district commander who is also in charge of motorways, said those involved in the modification and maintenance of trucks and other heavy vehicles must comply with Land Transport Safety Authority standards.

And supervisors involved in heavy transport maintenance or carrying out tasks relating to road safety must be properly trained.

" ... The trucking industry needs to be warned that serious criminal charges will be laid in any case where injury or death can be linked to fault on the part of any identifiable person or persons," he said.

Mr Tavinor's family have been told of the decision but members yesterday chose not to comment.

Mitsubishi New Zealand, when asked last night if the tragedy had prompted it to make any changes, would not comment because the coroner had yet to rule.

But managing director John Leighton did say the company had cooperated with the inquiry and would continue to do so for the inquest.