Review into decision to drop charges against former Pike River boss

Former Pike River CEO, Peter Whittall. Photo / NZPA

Families of the men killed in the Pike River mine blast say a $3.4 million payment does not equal justice.

A judicial review into the decision to drop charges against mine boss Peter Whittall was launched in the High Court at Wellington today.

Mr Whittall had faced 12 charges related to failing to ensure the safety of workers in the mine, but these were dropped in December 2013.

That same day, Mr Whittall and the Pike River directors offered a voluntary reparation payment of $110,000 to the families of each of the men killed in the blast, as well as the two survivors.

Sonya Rockhouse, who lost her son Ben in the explosion, and Anna Osborne, who lost her husband Milton, have taken the legal action.

Their lawyer Nigel Hampton, QC, said affidavits showed the women had lost faith in the justice system.

He said the dismissal of the charges against Mr Whittall did not take into account the seriousness of those charges, and the deaths of the 29 men.

Mr Hampton said a deal was struck for Mr Whittall's charges to be dropped if $3.4 million of insurance money was paid.

Judge Jane Farish had previously ordered Pike River Coal to pay reparations, which the company said it could not meet.

Mr Hampton said Judge Farish should have recused herself from Mr Whittall's case as she knew the company's reparation could not be met, and this was a way of getting it.

A different judge would have brought objectivity and clarity, he said.

Mr Hampton said there was no evidence to suggest the charges would have been dropped if the $3.4 million had not been paid.

The decision to dismiss the charges had been made behind closed doors and the victims' families were totally excluded, which was contrary to victims' rights and open justice.

Mr Hampton argued the court made an unlawful decision in dismissing the charges.

The issue should be sent back to court, and the dismissal of Mr Whittall's charges set aside, he said.

WorkSafe NZ lawyer Joanna Holden told the court that those making the decision were aware of the huge impact the tragedy had on the families of those who were killed.

She said the suggestion WorkSafe employees or Crown solicitors failed to take into account the harm caused by the disaster was utterly and completely rejected.

The hearing continues tomorrow.