OPC fines won't bring closure, say grieving families

Teacher Tony McClean and students Anthony Mulder, Floyd Fernandes, Natasha Bray, Portia McPhail, Tara Gregory and Huan Hsu died in the Mangatepopo Gorge. Photos / Supplied, Sarah Ivey

The parents of those who lost their lives in last year's Mangatepopo Gorge tragedy say no court sentence can ever give them a sense of closure.

The Sir Edmund Hillary Outdoor Pursuits Centre (OPC) was today fined $40,000 and ordered to make $440,000 in reparations by Judge Anne Kiernan in Auckland District Court today after admitting two charges under the Health and Safety in Employment Act.

The victims were Auckland Elim College teacher Tony McClean, 29, of Howick, and students Natasha Bray, 16, of Pakuranga; Portia McPhail, 16, of Manurewa; Huan (Tom) Hsu, 16, of Farm Cove; Anthony Mulder, 16, of Howick; Floyd Fernandes, 16, of Howick, and Tara Gregory, 16, of Mt Wellington.

The parents of three of the victims told media they were satisfied OPC had admitted the charges and taken part in restorative justice conferences, but that they would continue to live with the grief.

"Loss of children can't bring a closure. Loss of a loved one can't bring a closure," Jennifer Fernandes, mother of Floyd, said.

"It's always going to be there, but at least we know that OPC has pleaded guilty and have acknowledged their fault and that brings a little bit of satisfaction."

Tara Gregory's mother Catherine Linnen said she would not be moving on.

"You get on with your life but that's different to moving on and to me it's just learning to live with what's happened the best way I can."

All the parents said the reparations award - $60,000 to each of the families of the seven deceased and $5000 to the four survivors from the school - was relatively unimportant.

" No amount of money will change the fact that I am now left childless. My future as I saw it is no more," Ms Linnen said.

"For me it was important to hear the judge acknowledge things like it shouldn't have happened, it didn't need to happen and I think that's something that I needed to hear acknowledged."

Mrs Fernandes and teacher Tony McClean's father John McClean said they were not angry with the OPC staff but were pleased at the way the court process had worked.

"Right from the beginning we've never been angry," Mrs Fernandes said. "We've trusted the justice system and we trusted the God we believe in and I think that's happened and I'm pleased and proud of my God and the system."

The college has still to decide whether it will send students back to the centre again.

Proprietor Luke Brough said the fact the flood which happened was a one in two year event and OPC's mistakes didn't give him confidence such an event wouldn't happen again.

But Ms Linnen said many had benefited from the OPC previously and it should be up to parents to decide, while Mr McClean said he hoped the fines would not force the OPC to close.

"My son had been there a month before the tragedy with a group from Elim for the Sir Edmund Hillary Challenge. He absolutely loved it and I would hate to deprive that experience from other kids because of financial impositions."

All said they were pleased with the OPC's efforts during restorative justice conferences earlier this month, though they also wished Ms Sullivan had chosen to be there.

"We wanted to understand what happened in more detail - the feelings, the conversations - and I think we probably wanted to share something that we have with her," Mr McClean said.

"We're linked together in this tragedy in different ways. I think that there was a measure of wanting to be supportive as well."

Principal Murray Burton praised the strength of the families, saying they had been through a staggering ordeal.

Ms Linnen said it had been difficult to go through the ordeal in public, particularly as she had issues at her daughter's funeral which Tara's estranged father tried to attend.

But Mr McClean said there had been positive sides to the public grieving.

" We've had huge support from New Zealand. We've had hundreds of cards from parents who have lost children in tragic circumstances.

"Just receiving that and feeling their grief and their love has been huge for us and if we were hidden away, that would never have happened."

- NZPA