Tragic fall from Imax cinema looked so slow says mate

By LOUISA CLEAVE



Friends of a 16-year-old student who watched him fall to his death from a safety railing in the Imax cinema complex almost four years ago have described how they tried to grab him as the tragedy unfolded in slow motion.

Danial Gardner fell 14.25 metres from the third floor of the Queen St cinema complex on September 22, 2000. He landed on a table of books in the Borders shop below and died of multiple injuries three hours later in hospital.

An inquest into his death opened yesterday in the Auckland District Court before coroner Murray Jamieson.

The inquest has been split into four phases - the fall and scene examination; the design and construction of the balcony area; the consent and compliance process for the balcony area; and the Occupational Safety and Health (OSH) investigation of the balcony area.

Lawyers representing Sky City Metro, Auckland City Council, OSH, the Building Industry Association, Watts & Hughes Construction and the Gardner family have appeared at the hearing, set down for eight days.

Matthew Bauckham, one of four friends with Danial on the day he died, yesterday showed how the Sacred Heart College student was sitting on the railing with his feet off the ground before he fell backwards.

Mr Bauckham demonstrated the position on a model of the balcony ledge and railing which has been produced as an exhibit.

The teenagers were gathered around talking and Danial was sitting on the safety rail holding on by his hands, palms faced upwards, Mr Bauckham said.

Danial's buttocks were over the railing but the witness was unsure if they were touching the ledge on the other side, or just above it.

Mr Bauckham said Danial said, "Oh, shit", before he lost sight of him over the edge.

"As he fell back it seemed like a long time. I'm sure it wasn't but it did seem a bit drawn out, yes."

Two of the four friends, Jared Neilsen and Peter Kim, "lunged" at Danial and each momentarily held on to his pants cuff and shirt.

"I felt [his trousers] through my hands. As I noticed Danial falling I quickly turned around and stuck my arm over the side and scraped it against the wall as I tried to grab hold of his trousers," Mr Neilsen said.

Mr Bauckham and Mr Neilsen told the hearing they ran down to where Danial had landed and were in a state of shock at the scene.

Mr Bauckham, cross-examined by Sky City Metro lawyer Paul Davison, QC, said he had not heard anyone in the group say there had been a fight over a cigarette or a cigarette lighter before Danial fell.

"I have heard that there had been some accusations it was over a fight concerning a cigarette or a cigarette lighter but that's it. I haven't heard any specifics at all."

Mr Bauckham said nothing untoward happened before Danial fell. Danial did not smoke but liked to put a cigarette behind his ear when he went out.

The inquest continues today.