OSH fails to find culprit

By WYANE THOMPSON

Safety inspectors cannot lay charges over the faulty installation of a loudspeaker that fell on a child in an Auckland cinema.

The speaker fell 4m, striking 12-year-old Reena Mission on the right shoulder as she watched a movie at the Force Entertainment Centre in Queen St. Its wires also scratched her left arm.

Occupational Safety and Health has just completed its investigation into the November incident.

Spokesman Justin Brownlie said inspectors found the wall bracket holding the speaker was "not fastened as well as it should have been."

However, the actual cause of the speaker's fall and whoever was responsible could not be established, he said.

Even if someone was found to have broken the law, it was too long after the installation of the speaker for a prosecution to be made.

The speaker was fitted in mid-1999 and prosecutions under the Health and Safety in Employment Act must take place within six months of an offence.

Mr Brownlie said the act required all practicable steps to be taken to ensure safety and any breach carried a maximum fine of $50,000.

The building's safety was cleared by the Auckland City Council and OSH did not think it practicable to expect building operators to check every fixture and fitting after receiving a building warrant of fitness.

The acting group manager of Auckland City Environments, Jenny Oxley, said checking the fastenings of the speaker was not part of the council's inspection process.

The chief executive of Village Force Cinemas, Joe Moodabe, said all speakers in the theatre were removed and reinstalled soon after the incident.