KEY POINTS:
The family of Mangere woman Folole Muliaga, who died after her power was cut off, want the Chief Coroner to remove himself from conducting her inquest, after learning that one of his lifelong friends has links to the company that disconnected her.
Mrs Muliaga, 44, who suffered from
a heart and lung condition, died in May after Mercury Energy cut power to her home, causing the oxygen machine she was using to shut down.
At a hearing about four weeks ago Judge Neil MacLean, 62, told the family he had been friends with Christchurch businessman Rex Williams since they were 11 years old and they "got together several times a year".
Mr Williams is a director at MainPower, which generates and supplies electricity for retail sale to Mighty River Power, the parent company of Mercury Energy.
MainPower also owns 80 per cent of contracting company VirCom EMS, which performs disconnection services for Mercury, and employs the contractor who disconnected the power to the Muliagas' home.
Mr Williams also sits on the executive of the Business Council for Sustainable Development with Dr Doug Heffernan, Mighty River Power's chief executive.
Family spokesman Brenden Sheehan said they believed the chain of relationships created a conflict of interest for Judge MacLean.
"If he did hear the inquest, no matter what he decides, whether it favours Mercury or not, there will always be a question about whether the friendship influenced the decision.
"I wish to be clear that we do not question the integrity of the Chief Coroner. However, public confidence in decision-making processes is paramount."
A public hearing will be held at the Auckland District Court on Wednesday when Judge MacLean, who announced he would conduct the inquest in August, will decide if he will step down from the case.
The Chief Coroner told the Herald that at a pre-inquest hearing lawyer Garth Gallaway, who is representing one of the power companies, told him of Mr Williams' connections with the companies.
"It was unknown to me. He is a non-executive director of the company. I let the counsel for the family know, we discussed it and we've arranged to argue it in court."
Judge MacLean said Mr Williams was not a close friend but someone he'd "known for years".
He said he would hear from lawyers for the Muliaga family and the power companies before making a decision on Wednesday.
The Muliaga family are also seeking a deferral of the inquest until early next year because their lawyer, Olinda Woodroffe, has recently had major surgery for a serious illness.
The illness means she will be unable to return to full-time work for more than two months.
"Olinda has been with the family since the day after Folole died," Mr Sheehan said.
"She is able to communicate with [Mrs Muliaga's husband, Lopaavea] in his first language [Samoan] and has a deep understanding of the cultural issues surrounding the matter.
"It is simply not appropriate for Mr Muliaga to find another lawyer at this stage."
The inquest is scheduled to begin on November 26.
