A helicopter pilot from New Zealand will not stand trial over the death of a Canadian backpacker who was accidentally burnt with aviation fuel at a party in northern Australia in 2004.
Edward John Woodhouse Lee breathed a sigh of relief when Northern Territory magistrate Greg Borchers today ruled there was insufficient evidence to put him on trial over the death of 29-year-old Cynthia Ching, who suffered fatal injuries after being burned by aviation fuel at King's Creek Station, 450km southwest of Alice Springs.
Last year Lee was charged with doing an act to cause death while intoxicated, five years after the incident on April 15, 2004.
The Alice Springs Magistrate's Court heard Lee was refuelling a makeshift lantern made from a beer can half filled with sand and topped up with aviation fuel Avgas.
The fuel re-ignited and his arm caught fire. He dropped the can and fuel spilled on Ms Ching, burning 60 per cent of her body.
She died six weeks later in an Adelaide hospital from an infection related to her injuries.
Mr Borchers said the prosecution did not provide evidence that proved beyond reasonable doubt that Lee was intoxicated when the incident occurred, according to a report in the Northern Territory News.
Police had dropped initial charges against Lee but they were revived following an inquest in 2006.
Coroner Greg Cavanagh had earlier found Ms Ching was "an innocent bystander" who died "as a result of the stupidity of another and the cruelty of fate".
He recommended criminal charges be considered against Lee, whom he found unwilling to take responsibility for the death.
Neither Lee nor his defence counsel made any comment at the conclusion of the committal hearing.
- NZPA
NZ pilot avoids trial
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