Army defiant but Govt acts on bridge-death pressure

The Government has moved to stem political pressure surrounding the fatal collapse of an Army-built bridge by asking the Solicitor-General to consider whether there should be a new inquest into the 1994 death.

Beekeeper Ken Richards was killed when the bridge on the King Country farm of Keith and Margaret Berryman collapsed, and his truck plunged 30m into a ravine.

Acting Prime Minister Michael Cullen said yesterday that he had asked Solicitor-General Terence Arnold to look into the case. But the Defence Force said last night it believed the key evidence sought by the Berrymans remained sealed by court order and it did not need to be given to the Solicitor-General.

A political storm is growing around Mr Richards' death, after accusations the Army may have misled the original 1997 coroner's inquiry by not revealing its own investigations had uncovered design and construction problems with the bridge.

The-then head of the Army, Piers Reid, yesterday refused to comment on the case or the 1997 inquiry.

The Army's lawyer at the inquiry, now District Court Judge Chris McGuire, also said this week he was not able to comment.

But it is understood there is doubt about whether the Army released its evidence to its own counsel.

The coroner's file on the case shows Mr McGuire strenuously defended the Army's work in written submissions, saying the bridge was properly designed and constructed and fit for its intended use.

The coroner initially indicated he would make adverse findings against the Army.

But after hearing Mr McGuire's final submissions, he effectively declared the bridge properly built while criticising the Berrymans for not maintaining it properly.

The High Court ruled late last year that the Army's evidence, prepared by retired Colonel George Butcher for a military Court of Inquiry, could not be used in any fresh coroner's inquiry because it was legally protected by Army statutory regulations.

Dr Cullen last night said only the Solicitor-General could now consider if there were grounds to apply to the High Court for a fresh inquest.

He expected that Mr Arnold would consider "all" material.

The Berrymans' lawyer, Dr Rob Moodie, said last night that Dr Cullen's move was "crap" and the military was hiding behind its own rules. He said Dr Cullen needed to direct the Chief of Defence Force to release the Butcher report, so all the evidence could be viewed.

The Government has come under pressure from Opposition politicians this week about the case, after Dr Moodie defied the court to post the Butcher report on the internet.

The Army's complaint that he broke court orders is due to be heard in Wellington on Tuesday.