Pair suing Army for $4.5m

Wanganui couple Keith and Margaret Berryman are "burnt out" and tired - but the determined couple are vowing to fight on and are suing the New Zealand Army for $4.5 million.

The lawsuit alleges negligence and breach of contract by the Army which built a bridge leading to the Berrymans' King Country farm in 1986.

Eight years later the bridge collapsed and Inglewood beekeeper Ken Richards, who was driving across it, plunged 30m to his death.

The couple's lawyer, Dr Rob Moodie, last week served the damages suit on the Solicitor-General at the High Court in Wellington.

Charges laid against the Berrymans by Occupational Safety and Health (OSH) were eventually thrown out, but the couple lost the family farm and incurred huge debts during the battle.

Mr Berryman told the Wanganui Chronicle he was "burnt out" by the ordeal but would carry on fighting. "There's never been a question it wouldn't continue," he said.

"It's taken 12 years off an elderly couple's life, destroyed our business and crippled our life's work."

Mr Berryman said the lawsuit wasn't something he wanted to do, but he felt there was no other alternative.

He criticised Prime Minister Helen Clark, whom he accused of abandoning them. "She said the charges should never have been laid; now we don't hear anything from her. She's turned."

Although his health is failing, Mr Berryman promised to keep fighting. "I'll get energy from somewhere and won't give in," he said.

Mrs Berryman said the case had gone on and on, but they had been forced into the lawsuit.

The claim was just a small part of what was planned. It is understood a review is being sought from the High Court into the Solicitor-General's refusal to grant a rehearing of the inquest. He has declined four applications by the Berrymans for a new inquest.

The Solicitor-General, acting for the Army, was moving to strike out the application, with the matter to be heard on May 10.

On June 26, the Court of Appeal is to hear an appeal by the Berrymans against a decision to award the Army $10,000 in costs against them last year.

The claim seeks damages of $122,000 for the cost of the original materials the Berrymans supplied, legal costs of $183,580 and $25,000 in plaintiffs' costs.

They also want $1.5 million for the loss of their farm, the same amount for pain and suffering, $500,000 for loss of income and $350,000 in exemplary damages.

Dr Moodie couldn't be contacted for comment.

- WANGANUI CHRONICLE