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A mining company, its manager and a geologist implicated in a coal miner's death almost two years ago were ordered to pay $50,000 reparation to his widow and fined in Greymouth District Court today.
Runanga miner Robert McGowan, 39, died when floodwaters engulfed the underground Black Reef mine near Dunollie, 8km northeast of Greymouth, on March 8 2006.
His manager Garry Haddow, who survived the tragedy, was fined $2000 and ordered to pay $10,000 reparation to Valma McGowan, after he had been found guilty late last year of failing to ensure the safety of himself, Mr McGowan and another miner.
The consultant geologist, who has name suppression and had been found guilty of failing to ensure the safety of Black Reef Mine workers, was fined $10,000 and ordered to pay $20,000 reparation.
The Black Reef Mine Company, which had admitted two charges, was also fined $10,000 and ordered to pay $20,000 reparation.
Judge James Weir said he took into account the company's guilty plea and the reparation it had already paid.
Black Reef earlier paid $10,000 to Mrs McGowan.
The charges were brought by the Department of Labour under the Health and Safety in Employment Act.
Department of Labour prosecutor Michael Hargreaves submitted in court today that the mine company, Haddow and the geologist should be fined a total of $370,000 - $150,000 for the company, $120,000 for Haddow and $100,000 for the geologist.
All three defendants said such sums were "out of kilter" with the case and argued that it would be more appropriate for a multinational company with a bad safety record. However, they expressed remorse and requested that any fines ordered go directly to Mr McGowan's family.
The Black Reef Mine flooded when water and rock burst through from the adjoining Baddley Mine, which had been abandoned and flooded in the late 1930s.
Black Reef Mine owner Shane Bocock said when he and his brother bought the mine they were not given material that could have warned them of the danger of mining so close to the abandoned mine.
Department of Labour mines inspector Bill Taylor knew that a lot of the mine's plant and machinery was dilapidated and unsafe but made no visits to check on it, Mr Bocock told the court.
Despite a recommendation that underground mines be inspected twice a year the Black Reef mine had not seen an inspector in the nine months before the fatality.
"His (Mr Taylor's) thoroughness as an inspector should be called to question," Mr Bocock said.
Critical information about the mine had been withheld from the company, which would never have allowed the men to work in the area had it known of the danger.
Haddow's lawyer Jeff McCall said his client had always been safety conscious and would not have put himself or Mr McGowan in danger had he been made aware of the risk.
"Why were they there, what were they doing there when there was information within this community that was not passed on to the two men who needed to know it most?
"All that was required was the simple communication that the Baddley Mine was close," he said.
- NZPA
