Berryman's win 14-year battle of the bridge

By ANNE-MARIE EMERSON
"I LEARNED at a young age that you don't win by lying on the canvas."
It's that fierce spirit that has sustained Keith Berryman and his wife, Margaret, through their 14 years of fighting with the New Zealand Army over responsibility for the death of beekeeper Kenneth John Richards in a 1994 bridge collapse.
The Wanganui couple yesterday discovered through their lawyer, Rob Moodie, that Justice Jill Mallon had quashed the 1997 finding by Taumarunui coroner Tim Scott that responsibility "must largely lie" with the Berrymans.
The army built the swing bridge leading to the Berrymans' King Country farm in 1986. It collapsed eight years later, when Mr Richards tried to cross it in his honey-laden utility, plunging 30m to his death in the Retaruke River gorge.
Mr Berryman said he was always confident a decision would be made in their favour.
"If we hadn't succeeded this time, we would have kept on going."
Dr Moodie travelled to Wanganui yesterday afternoon to break the good news.
"I was splitting wood, and Margaret came out and told me I'd better come inside.
"She said the judgement had come through, and Rob was on his way over."
The Berrymans had nothing but praise for Dr Moodie.
Mr Berryman described him as "absolutely amazing".
"I'm not a religious man, but he is the nearest thing to God I've ever come to."
Justice Mallon also struck out Mr Scott's finding that there was no fault in the way the army built the bridge.
She recommended the parties now meet to settle the $4.5m damages the Berrymans are claiming in a misfeasance suit set down for hearing in June.
Justice Mallon's judgement arises from the judicial review Justice Mallon heard last September against the army for telling the coroner that "there was nothing in the entire construction of the bridge that contributed to the accident", even though its own internal court of inquiry had earlier concluded that a litany of design and construction mistakes had caused it.
Mr Berryman said the past 14 years had taken "a huge toll" on the couple, particularly their health.
"If we hadn't been brought up in a manner to withstand hard knocks, we wouldn't have survived."
But he said they had also received a lot of support from many people.
He said the couple had no plans to celebrate the favourable judgement.
"It's a turning point, but the battle is not finished yet."
PICTURED: BATTLING ON: Keith and Margaret Berryman said they were "always confident" they would be cleared of any wrongdoing over the death of beekeeper Kenneth John Richards in a 1994 bridge collapse on their King Country farm.