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Home / New Zealand

'Reckless' pilot found guilty on charges related to crash

Otago Daily Times
5 Mar, 2019 03:38 AM3 mins to read

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Murray Sarginson has been found guilty of two charges in relation to the death of his friend and business partner after a helicopter crash near Lindis Pass in 2016. Photo / Otago Daily Times

Murray Sarginson has been found guilty of two charges in relation to the death of his friend and business partner after a helicopter crash near Lindis Pass in 2016. Photo / Otago Daily Times

Southland man Murray Sarginson has been found guilty of two charges in relation to the death of his friend and business partner after a helicopter crash near Lindis Pass in 2016.

In her decision released on February 25, Judge Bernadette Farnan found Sarginson's conduct was "reckless''.

"The defendant's conduct in flying in hazardous weather conditions, and in flying an overloaded aircraft exposed Mr Edwards ... to a risk of death or serious injury.''

Sarginson was piloting the Robinson R22 when it crashed in limited visibility on April 30, 2016. His sole passenger, Otautau man Liam Edwards, 32, was able to walk and talk after the accident, but died near the crash site soon afterwards.

Sarginson was seriously injured.

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The two men, partners in an earthmoving business, were flying to Canterbury's Mount Algidus Station for work.

Judge Farnan said heavy cloud coverage in the Lindis Pass area at the time of the crash meant the defendant's decision to fly down through the cloud exposed Mr Edwards to hazard.

She accepted the prosecution's argument Sarginson had failed to carry out a proper weight and balance calculation for the aircraft, questioning whether he had even carried out "mental'' calculations.

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Estimates by prosecution witnesses that the aircraft weighed 690kg at takeoff, well over the maximum allowed weight of about 620kg, were credible.

The aircraft was still "significantly overloaded and out of balance'' at the time of the crash, she said.

Sarginson's conduct was reckless as to the risk of serious injury or death, both in his capacity as a director of the company and as a worker, and she convicted him on two charges under the Health and Safety at Work Act.

Her finding meant she did not need to consider two other charges under the Act, nor a charge under the Civil Aviation Act.

However, the trial did not resolve the issue of whether the crash directly caused Edwards' death.

That is despite the pre-trial admission of facts stating it was the result of "... high energy impact injuries to his chest and pelvis causing multiple fractures to his ribs and pelvis''.

The issue will be a factor in determining the amount of reparation Sarginson will be ordered to pay to Edwards' family.

Judge Farnan remanded Sarginson at large until April 29, and his counsel, Colin Withnall QC, must file a submission on the issue by April 8.

The trial started in August, and continued intermittently in Queenstown and Invercargill District Courts over 20 days until January.

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