Quake inquiry: Key witness fails to show

Colombo Street in Christchurch after the 6.3 magnitude earthquake which struck the city in February last year. Photo / Simon Baker

A key witness into the collapse of a building has not shown up to give evidence at the Royal Commission of Inquiry today.

The inquiry was hearing evidence into the collapse of 738 Colombo St, tenanted by the Ok Gift Shop, on February 22.

Desley Ann Thomson, 32, was on her lunch break in the CBD when the earthquake struck. The logistics manager, from St Albans, was killed by falling rubble when the facade of the building collapsed.

Building owner Jonathan Liu, speaking through a translator, told the commission that, from September 4 to February 22, he had "no idea'' about the status of his building. He had not inspected the building after September and did not know anything about the sticker system that had been applied to buildings.

He said his property manager, Luke Rees-Thomas of Knight Frank, had dealt with the building on his behalf.

"I go overseas quite often and I just contact him ... I cannot say I'm not interested [in the status of the building], but because I have the money I hire a property manager to do everything.''

But Mr Rees-Thomas did not attend the commission, in spite of being summoned.

Commission chairman Justice Mark Cooper said he was highly disappointed that Mr Rees-Thomas had taken this action, especially as the family of Ms Thomson were gathered to hear evidence into her death.

"No-one else has done that in all these weeks ... I would like you to pass my comments on to him.''

Commission lawyers tried today to repeatedly call and email Mr Rees-Thomas but he did not answer. If they could not get hold of him they would have to adjourn the hearing til another date to hear his evidence.

Mr Rees-Thomas refused to appear on a technicality that his summons was not issued a required 10 days before the inquiry.

A Royal Commission spokeswoman said they endeavoured to give people as much notice as possible, but 10 days' notice was not always possible due to the tight timeframes the commission was operating under.

Following the September earthquake, the building at 738 Colombo St, built in 1937, was green stickered after a level one rapid assessment noted minor damage. Powell Fenwick also did an inspection of the building after the 7.1 magnitude quake and confirmed the building's safe status.

Powell Fenwick engineer Malcolm Freeman said the report had recommended a more detailed structural evaluation be undertaken.

"There were some questions over the building's strength.''

But a more detailed inspection was never undertaken. Mr Liu said he did not contact Mr Rees-Thomas about the state of his building and did not read reports sent from him "properly.''

He said Mr Rees-Thomson had never told him that a more detailed engineering report on the building was recommended. However, he now said he should have initiated such a report himself.

Following the Boxing Day aftershock, the building was again green stickered following another assessment. Mr Freeman, who inspected the building after Boxing Day, said he now thought the inspections done on buildings after the quake had not been detailed enough.

"Having seen what we've now seen throughout a number of buildings in town you can never be sure ... I would think any level two [assessment] would not be sufficient.''

On February 22, the building's facade collapsed - killing Ms Thomson. Mr Liu said he did not learn of her death until a month later. Today, he apologised to her family.

"I would like to say to the family members and I don't really know how to say my sincerest sorry about this incident. It is a natural disaster and no one can control it, so I just want to express my condolences to family members.''

Mr Cooper said, regrettable as it was, the commission had no choice but to adjourn the matter until March 15.

Another summons would be issued on Mr Rees-Thomas for that date.