Berrymans win round of legal battle

Keith and Margaret Berryman have finally had a legal victory in their long-running bridge collapse battle, with the High Court ruling their application for judicial review should not be struck out.

Since beekeeper Ken Richards was killed in 1994 when the army-built bridge leading to the Berrymans' King Country farm collapsed, the couple have been fighting against being held responsible for the collapse.

A coroner in 1997 ruled that the Berrymans had not properly maintained the bridge but the Berrymans want a second coroner's inquest to be held to include consideration of the army's "Butcher report", which found fault with the bridge's design.

The Solicitor-General last year refused to order a fresh inquest and the Berrymans are seeking judicial review of that decision.

But the Solicitor-General, the New Zealand Defence Force (NZDF) and Taumarunui coroner Timothy Scott last week argued in the High Court at Wellington that the judicial review application should be struck out.

In a just-released decision, Justice Alan Mackenzie ruled the application should not be struck out and that the Berrymans should be entitled to costs.

Justice Mackenzie ruled there was a wider public interest in the Berrymans getting a fair hearing and a court had already determined wrong submissions were made to the coroner by the army.

- NZPA