Sergeant found guilty over soldier's death

Private Michael Ross died during an exercise on Lake Maowhango when he fell out of an under-inflated Zodiac boat. Photo / Supplied

An army sergeant has been found guilty of a charge of failing to comply with written orders, following the death of a soldier during a training exercise.

The sergeant, who has interim name suppression, appeared for a summary trial in Palmerston North today.

Rifleman Private Michael Ross, of the Royal New Zealand Engineers, died during an exercise on Lake Moawhango, near Waiouru, on September 25, 2012.

When the 29-year-old fell out of an under-inflated Zodiac boat, his life jacket failed to inflate because a gas canister had not been replaced and he drowned as a result.

Yesterday the court heard the sergeant was in charge of the Training Support Boat (TSB), which was operating as the safety boat at the time of Private Ross' death.

Presenting officer Major Jared McGregor told the court at the time of Private Ross' death, all safety boats had to be manned at all times by a minimum of three people who were experienced swimmers and boat handlers.

However a witness, Sapper Bryce Luckin, who was bowman on board the Zodiac, told the court that he recalled the TSB responding to the scene with only the sergeant on board at the time of the accident.

The sergeant said this was the case as he was no longer the safety supervisor in charge at the time of the accident.

He said while on duty as safety supervisor, at no time during the day had he been on board the safety boat without two other crew members.

He said although he was not on duty at the time of the accident, because he could not see the safety boat on duty in the water, he responded when he saw Private Ross fall overboard.

Disciplinary Officer, Lieutenant Colonel Andrew Brown, found the sergeant guilty of a charge of failing to comply with written orders.

He said he did not believe from evidence given today the boat was manned with three experienced swimmers and boat handlers at all times.

Earlier today Corporal Timothy Goodall, who was boat commander at the time of the incident, was found not guilty of a charge of negligently permitting a boat to be hazarded.

Goodall pleaded guilty to another charge of negligently failing to perform a duty, and he was fined $500 and sentenced to 10 days of extra duties.

A third charge of negligently doing an act likely to cause loss of life while operating a boat was dismissed.

A third soldier, Sapper Jamie Larsen, was also found not guilty of negligently permitting a boat to be hazarded, and as with Goodall, a charge of negligently doing an act likely to cause loss of life while operating a boat was dismissed.

In July last year the New Zealand Defence Force were prosecuted by the Ministry of Business, Innovation and Employment in relation to Private Ross' death, and pleaded guilty to one charge of failing to provide a safe working environment.

At the sentencing Judge Stephen O'Driscoll said Private Ross was let down by the widespread failures in safety protocols which amounted to a "systemic failure" by the NZDF.

The NZDF was convicted and discharged as a fine cannot be imposed on a Crown entity.