Drowned driver's family angry over decision

The family of a concrete truck driver who drowned after his vehicle tipped off a barge into Picton Harbour are angry that firms involved will not face prosecution.

Tom Phillips and Allan Tempero were both inside their trucks when the vehicles slid off the barge and plunged into the harbour in August.

Maritime New Zealand yesterday confirmed it had decided not to take legal action against either Firth Industries, which employed the men, or McManaway Marine, which operated the barge.

Tom Phillips' son, Marc Phillips, said he owed it to his father not to simply accept the decision against prosecution. "I think it is not unreasonable in New Zealand for two men to expect to go to work and be able to return home safely," Mr Phillips said.

"A duty of care under common law and legislation is expected of employers and plant operators. It seems illogical that on one hand Maritime NZ can accept that parties failed in their duty of care to provide a safe working environment leading to my father's death, and yet none of the negligent parties are being held to account.

"Without anyone being held to account there seems little reason for any actual change or improvement in safety standards."

Maritime NZ spokeswoman Heidi Brook said she could not comment on the decision not to prosecute.