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A judge has reserved his decision in the Department of Labour prosecution of a former mine manager and geologist in wake of last year's West Coast mine tragedy which left miner dead.
Gary Haddow, 51, and a geologist, who has name suppression, pleaded not guilty in Greymouth District Court to negligence, after the death of coal miner Robert McGowan on March 8, 2006.
Mr McGowan died of impact and crush injuries when the Black Reef Mine near Dunollie, 8km northeast of Greymouth, was engulfed by floodwaters and rock which had burst through from an adjoining mine that had been abandoned since 1939.
Haddow survived the incident by leaping up and clinging to a peg on the wall for about 40 minutes until the waters subsided.
Haddow was charged with failing to ensure the safety of himself, Mr McGowan, and another former Black Reef miner, Lance McKenzie.
The geologist faced one charge of failing to ensure the safety of Black Reef Mine workers.
Prosecutor Michael Hargreaves said in his closing submissions said it was not up to the prosecution to prove intent, but to prove the geologist and Haddow had "failed to take even one practicable step" to help avoid the tragedy.
Judge James Weir yesterday reserved his decision, saying it was a complex case but he would assign it priority.
- NZPA
