KEY POINTS:
In the aftermath of the death of Folole Muliaga, criticism poured down on Mercury Energy. Last week, coroner Gordon Matenga noted the media had painted the picture of a Mercury contractor ignoring Mrs Muliaga's pleas for mercy and continuing to disconnect her power in full knowledge that she was connected to an oxygen machine and dependent on it. His findings added considerable balance to that portrayal. Fault was reapportioned. It needs to be said, however, that in no way did Mercury emerge from the inquest with a clean slate.
A Herald editorial soon after the tragedy criticised the electricity supplier on two major counts. First, it said the contractor should have been alerted to a serious health issue by a medical tube in Mrs Muliaga's nose and the emergency warning blaring from her oxygen machine after he cut off the power. Secondly, the company should have respected the Muliaga family's obvious effort to pay their electricity bill.
A major finding of the coroner was that the contractor's evidence had been compelling and that he had been "open, honest, frank and careful in the giving of his evidence". He had noticed the medical tubes but had not thought it his job to ask Mrs Muliaga about them. This failure to inquire, said the coroner, was balanced by the failure by Mrs Muliaga and her son to advise him of the consequences of disconnection. Additionally, the contractor said he had not heard the oxygen machine alarm, even though Mrs Muliaga's son said it was going. This was not pursued by the coroner, who concluded, curiously, that "nothing turns on the issue".
One thing is, however, clear from the report: Mercury was badly in breach of Electricity Commission guidelines. Although it helped vulnerable customers who identified themselves, it did not provide information to customers about how they should identify themselves. The Muliagas were, therefore, not aware that help was available. Moreover, when Mrs Muliaga's husband, Lopaavea, rang to arrange to pay off the outstanding bill, he advised that his wife, the account-holder, was in hospital. This should have alerted Mercury that the family were having difficult paying their account and that there were health issues. Instead, Mr Muliaga was told that the account could not be discussed with him because it was in his wife's name, that she would have to call back, and that the overdue amount would have to be paid in full.
Mercury has acknowledged it did not comply fully with the guidelines. It says it has now made sweeping changes to its disconnection process. Callers to its customer credit centre are now asked routinely whether they are medically dependent on power. A special team has also been established to identify customers with medical issues. As commendable as this is, it also confirms that Mercury's former practices warranted strong criticism.
Finally, the coroner's report established a link between Mercury's action and Mrs Muliaga's death. He agreed with two of the four doctors who testified during the inquest that the disconnection of power to her oxygen supply contributed to her death from morbid obesity. This could not be "ignored or set to one side". The other two doctors did not rule out a link. They said only that the act could have played a role.
The coroner's report shows that fault lay on all sides. Mrs Muliaga did not advise the contractor that power was needed to run her oxygen machine. Had he known that, he could have used discretion and not proceeded with the disconnection. But if, in the first instance, Mercury had been complying with guidelines, that process would surely not have begun. As the Herald editorial concluded, Mercury has a responsibility to tread carefully when disconnecting power. Its new protocols mean that is now, hopefully, the case.
